Best Practices for Filing EU 261 Claims Against United? {Archive}
Oct 4, 2017, 11:57 am
#901
Join Date: Aug 2008
Location: Marin County, CA
Programs: Marriott LT-TE, United Gold
Posts: 467
I had a delayed flight last week and sent a note to customer care the day of arrival with a screenshot from the UA app clearly showing the planned and actual departure times being more than 3 hours out (but less than 4). Received a reply 3 business days later saying they confirmed it was applicable to EU261 regulations for €300 but also offered either $450 in e-certs or 13,750 miles. Definitely took the cash and very happy with the quick response! They also said it would be up to 6 weeks for the check to be mailed.
Dec 21, 2017, 11:00 am
#902
Join Date: Apr 2010
Posts: 124
I was on canceled UA121 on Dec 10, 2017.
Flight was canceled and I just posted a claim for 600 Eur last night. UA has gotten back to me today offering one of the following
600 Eur via wire transfer
900 Travel Cert
27,500 MP miles
They are also covering my out of pocket expenses.
Which would you consider to be the best offer? I travel almost exclusively with united so the credit would be used within the first months of 2018.
They also offered me a CS gesture for the incident for which I took the 15,000 miles over the 300 USD Travel Cert.
Cheers.
Flight was canceled and I just posted a claim for 600 Eur last night. UA has gotten back to me today offering one of the following
600 Eur via wire transfer
900 Travel Cert
27,500 MP miles
They are also covering my out of pocket expenses.
Which would you consider to be the best offer? I travel almost exclusively with united so the credit would be used within the first months of 2018.
They also offered me a CS gesture for the incident for which I took the 15,000 miles over the 300 USD Travel Cert.
Cheers.
Dec 21, 2017, 12:08 pm
#903
FlyerTalk Evangelist
Join Date: Apr 2009
Location: where lions are led by donkeys...
Programs: Lifetime Gold, Global Entry, Hertz PC, and my wallet
Posts: 20,340
I think only you can decide what is worth the most to you. For me I would rather have the 600 euros.
Dec 21, 2017, 12:36 pm
#905
FlyerTalk Evangelist
Join Date: Sep 2008
Location: Jersey Shore/YYZ
Programs: UA 1K, Marriott Plat, Hilton Diamond, Hertz PC
Posts: 12,521
$900 is worth far more than 600E if you're going to spend that money anyways on UA metal flights in 2018. Consider also UA may issue you an IRS form as it's at the limit of claiming "income".
I got the identical offer (and $400 from customer care). Had no expenses to claim, as they covered a hotel and meals.
I got the identical offer (and $400 from customer care). Had no expenses to claim, as they covered a hotel and meals.
Last edited by aacharya; Dec 21, 2017 at 4:25 pm
Dec 21, 2017, 4:07 pm
#906
Suspended
Join Date: Mar 2002
Location: Canada, USA, Europe
Programs: UA 1K
Posts: 31,452
Feb 18, 2018, 4:06 am
#907
Join Date: Nov 2008
Location: MAN / PTY
Programs: Mileage Plus IK, IHG Platinum
Posts: 194
UA 81 / UA 80 European Flight Compensation
This mornings flight February 18 From MAN to EWR was cancelled due to the flight from Newark last night not arriving.
Can anyone advise on whether this cancelled flight is eligible for compensation under European legislation .
The airline blames the cancellation of the incoming flight and this mornings flight on bad weather ..however I took a screen shot of the weather on a weather app and it appears to be cold but sunny nothing that appears to have prevented other flights arriving or departing
Does anyone have more information regarding this ?
Can anyone advise on whether this cancelled flight is eligible for compensation under European legislation .
The airline blames the cancellation of the incoming flight and this mornings flight on bad weather ..however I took a screen shot of the weather on a weather app and it appears to be cold but sunny nothing that appears to have prevented other flights arriving or departing
Does anyone have more information regarding this ?
Feb 18, 2018, 4:49 am
#908
Join Date: Sep 2010
Posts: 217
EWR had snow and pretty low visibilities (by EWR standards) last night beginning about 5pm and continuing until about midnight.
Feb 18, 2018, 6:13 am
#909
Join Date: Apr 2000
Posts: 3,125
Weather is not an excuse as far as European flight compensation is concerned. But you may have to put up quite a fight to get United to pay.
Feb 18, 2018, 6:29 am
#910
A FlyerTalk Posting Legend
Join Date: Apr 2013
Location: PHX
Programs: AS 75K; UA 1MM; Hyatt Globalist; Marriott LTP; Hilton Diamond (Aspire)
Posts: 56,448
Feb 18, 2018, 6:39 am
#911
Suspended
Join Date: May 2017
Location: In the Swiss amoeba's head
Programs: Lowest level possible
Posts: 2,829
In general, air passengers are not entitled to compensation for bad weather conditions if the following types of bad weather occur:
[...]
Bad weather: If the weather is exceptionally bad, flights are often grounded or have to take off later. Extreme weather conditions like snow, storms, sleet and fog release the airlines from their obligation to pay compensation.
https://www.flightright.com/your-rights/bad-weather
[...]
Bad weather: If the weather is exceptionally bad, flights are often grounded or have to take off later. Extreme weather conditions like snow, storms, sleet and fog release the airlines from their obligation to pay compensation.
https://www.flightright.com/your-rights/bad-weather
With cancelled flights, you won’t receive compensation if:
the cancellation was due to extraordinary circumstances for example due to bad weather
https://thepointsguy.com/2014/02/how...layed-flights/
the cancellation was due to extraordinary circumstances for example due to bad weather
https://thepointsguy.com/2014/02/how...layed-flights/
Feb 18, 2018, 6:48 am
#912
Join Date: Aug 2010
Location: KEWR
Programs: Marriott Platinum
Posts: 794
EWR was pretty nasty last night. Snow started coming down heavy right around 6pm.
Feb 18, 2018, 6:49 am
#913
Join Date: May 2014
Location: DMV
Posts: 2,092
Weather is generally an acceptable excuse for the airline and they typically won't pay up. However, if it's not weather directly affecting the flight that was cancelled, but weather that has an impact on operational decisions which lead to the cancellation things get a bit murkier. It could be worth trying to file a claim via one of those specialized agencies in Europe.
Feb 18, 2018, 6:52 am
#914
A FlyerTalk Posting Legend
Join Date: Apr 2013
Location: PHX
Programs: AS 75K; UA 1MM; Hyatt Globalist; Marriott LTP; Hilton Diamond (Aspire)
Posts: 56,448
Feb 18, 2018, 7:09 am
#915
Suspended
Join Date: May 2017
Location: In the Swiss amoeba's head
Programs: Lowest level possible
Posts: 2,829
Weather is generally an acceptable excuse for the airline and they typically won't pay up. However, if it's not weather directly affecting the flight that was cancelled, but weather that has an impact on operational decisions which lead to the cancellation things get a bit murkier. It could be worth trying to file a claim via one of those specialized agencies in Europe.
If the cancellation is caused by bad weather at EWR, that gives UA justification for not paying compensation.
Key bad weather judgments
However, since the EU Regulation does not provide a clear definition of “extraordinary circumstances”, there is still a lot of room for interpretation. In recent years, various claims have refined the term “extraordinary circumstances”.There have been a number of landmark judgements relating to bad weather that we have put together for you here:
No compensation
In general, air passengers are not entitled to compensation for bad weather conditions if the following types of bad weather occur:
- Ash cloud: This sort of natural catastrophe is described as a case of “force majeure". Air traffic is restricted and flight bans have to be imposed. The ash cloud impedes visibility for the pilots and ash particles can also affect the sensors in altitude and speed measuring devices.
- Bad weather: If the weather is exceptionally bad, flights are often grounded or have to take off later. Extreme weather conditions like snow, storms, sleet and fog release the airlines from their obligation to pay compensation.
- Thunderstorms: The District Court (Landgericht) of Darmstadt ruled that there is also no entitlement to compensation if a previous flight had to make an emergency landing due to a thunderstorm, meaning that the following flight was delayed or cancelled as a result.(District Court of Darmstadt, judgment of 6 November 2013 – 7 S 208/12)
- Headwind: Generally, air passengers are not entitled to compensation in cases of extreme headwind.
- Lightning strike: If the previous flight was hit by lightning, meaning that the next flight is delayed or cancelled, then passengers are in most cases not entitled to compensation.
https://www.flightright.com/your-rights/bad-weather
However, since the EU Regulation does not provide a clear definition of “extraordinary circumstances”, there is still a lot of room for interpretation. In recent years, various claims have refined the term “extraordinary circumstances”.There have been a number of landmark judgements relating to bad weather that we have put together for you here:
No compensation
In general, air passengers are not entitled to compensation for bad weather conditions if the following types of bad weather occur:
- Ash cloud: This sort of natural catastrophe is described as a case of “force majeure". Air traffic is restricted and flight bans have to be imposed. The ash cloud impedes visibility for the pilots and ash particles can also affect the sensors in altitude and speed measuring devices.
- Bad weather: If the weather is exceptionally bad, flights are often grounded or have to take off later. Extreme weather conditions like snow, storms, sleet and fog release the airlines from their obligation to pay compensation.
- Thunderstorms: The District Court (Landgericht) of Darmstadt ruled that there is also no entitlement to compensation if a previous flight had to make an emergency landing due to a thunderstorm, meaning that the following flight was delayed or cancelled as a result.(District Court of Darmstadt, judgment of 6 November 2013 – 7 S 208/12)
- Headwind: Generally, air passengers are not entitled to compensation in cases of extreme headwind.
- Lightning strike: If the previous flight was hit by lightning, meaning that the next flight is delayed or cancelled, then passengers are in most cases not entitled to compensation.
https://www.flightright.com/your-rights/bad-weather