Best Practices for Filing EC261/2004 ( EU 261 ) and UK 261 Claims Against United?
#1
Original Poster
Join Date: May 2019
Posts: 171
Best Practices for Filing EC261/2004 ( EU 261 ) and UK 261 Claims Against United?
Appreciate any help as it relates to UK261.
was scheduled to depart LHR to EWR and received notice of cancellation while checking in bags. Had just received a flight text from United saying everything was on time. Very curious. In fact, Flight still shows on time on United’s website.
Nevertheless, they rebooked us on a flight leaving 2 hours later.
the form United gave me says they can limit their owed compensation because we will arrive less than 4 hours from original. But I don’t see that when I read UK 261.
what am I looking at? Do I just submit through United.com/feedback?
thanks.
was scheduled to depart LHR to EWR and received notice of cancellation while checking in bags. Had just received a flight text from United saying everything was on time. Very curious. In fact, Flight still shows on time on United’s website.
Nevertheless, they rebooked us on a flight leaving 2 hours later.
the form United gave me says they can limit their owed compensation because we will arrive less than 4 hours from original. But I don’t see that when I read UK 261.
what am I looking at? Do I just submit through United.com/feedback?
thanks.
#2
Join Date: Oct 2013
Location: DEN
Programs: UA 1K 0.7MM (trying to get to 1MM!)
Posts: 1,272
Appreciate any help as it relates to UK261.
was scheduled to depart LHR to EWR and received notice of cancellation while checking in bags. Had just received a flight text from United saying everything was on time. Very curious. In fact, Flight still shows on time on United’s website.
Nevertheless, they rebooked us on a flight leaving 2 hours later.
the form United gave me says they can limit their owed compensation because we will arrive less than 4 hours from original. But I don’t see that when I read UK 261.
what am I looking at? Do I just submit through United.com/feedback?
thanks.
was scheduled to depart LHR to EWR and received notice of cancellation while checking in bags. Had just received a flight text from United saying everything was on time. Very curious. In fact, Flight still shows on time on United’s website.
Nevertheless, they rebooked us on a flight leaving 2 hours later.
the form United gave me says they can limit their owed compensation because we will arrive less than 4 hours from original. But I don’t see that when I read UK 261.
what am I looking at? Do I just submit through United.com/feedback?
thanks.
#3
Original Poster
Join Date: May 2019
Posts: 171
well they told me the flight was cancelled. I heard it was maybe a bird strike on the arriving plane. They now apparently fixed the plane and it is going out on time. But I am still on my rescheduled flight since they told me it was cancelled.
#4
Join Date: Oct 2013
Location: DEN
Programs: UA 1K 0.7MM (trying to get to 1MM!)
Posts: 1,272
I'm still curious about the 2 hours being enough for UK261 to kick in, though...any response to that question?
#5
Original Poster
Join Date: May 2019
Posts: 171
#6
Join Date: Oct 2013
Location: DEN
Programs: UA 1K 0.7MM (trying to get to 1MM!)
Posts: 1,272
→ :-: Compensation in case of cancellations and delays of 3 hours or more:
→:-: *The compensation described above is sometimes reduced by ˝ in court if the following conditions are met:
- €250* for all flights less than 1,500km
- €400* for all intra-EU flights more than 1,500km
- €400* for all other flights between 1,500 and 3,500km
- €600* for all flights not falling under the conditions as listed above
→:-: *The compensation described above is sometimes reduced by ˝ in court if the following conditions are met:
- If you arrive within two (2) hours after your original arrival time for flights 1,500km or less then €125.is due
- If you arrive within three (3) hours after your original arrival time for intra-EU flights greater than 1,500km then €200 is due.
- If you arrive within three (3) hours after your original arrival time for all other flights between 1,500km - 3,500km then €200 is due.
- If you arrive within four (4) hours after your original arrival time for all other flights not listed above then €300 is due.
#7
Original Poster
Join Date: May 2019
Posts: 171
that’s a fair reading though without the punctuation I read it as a delay of 3 hours, or a cancellation.
article 5 of 261 relates to cancellations while article 6 deals with delays.
article 5 says;
1. In case of cancellation of a flight, the passengers concerned shall:
….
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
….
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
I could very well be wrong, but I’m not sure what I can submit since a United actually fixed the plane in time and it left on time so there is no record it was “cancelled.”
#8
Join Date: Oct 2013
Location: DEN
Programs: UA 1K 0.7MM (trying to get to 1MM!)
Posts: 1,272
Yeah, that part probably does complicate the issue. I'm sure United has some sort of record, even if you don't, though. How long were you delayed overall upon arrival (not departure)?
#9
Join Date: May 2017
Posts: 2,279
Appreciate any help as it relates to UK261.
was scheduled to depart LHR to EWR and received notice of cancellation while checking in bags. Had just received a flight text from United saying everything was on time. Very curious. In fact, Flight still shows on time on United’s website.
Nevertheless, they rebooked us on a flight leaving 2 hours later.
the form United gave me says they can limit their owed compensation because we will arrive less than 4 hours from original. But I don’t see that when I read UK 261.
was scheduled to depart LHR to EWR and received notice of cancellation while checking in bags. Had just received a flight text from United saying everything was on time. Very curious. In fact, Flight still shows on time on United’s website.
Nevertheless, they rebooked us on a flight leaving 2 hours later.
the form United gave me says they can limit their owed compensation because we will arrive less than 4 hours from original. But I don’t see that when I read UK 261.
The other issue you have is the flight isn't actually cancelled now, While UA would certainly have all the internal notes, both what was sent to you/other passengers, as well as what was originally going on with the plane that led to a possible cancellation, it is a gray area that the regulation doesn't account for - a flight being cancelled then actually operating. By the definitions in article 1 this does not meet the requirements for being a cancellation: '"cancellation" means the non-operation of a flight which was previously planned and on which at least one place was reserved.'
It's up to you whether you want to submit a claim, worst case is they deny it. At which point you can decide how much effort it is worth to you to try and push the issue given the ambiguity in the regulation for this situation. Though the definition of "cancellation" would seem UA would be in the right if they chose to deny the claim. If you do submit the claim, keep it simple, "you notified me my flight was cancelled and moved me to a later flight that arrived # hours later. At some time later, it appears that flight still operated despite my notification that it was cancelled, but I was not moved back to it. Given this circumstance I'm requesting compensation under the UK261 regulation for arriving # hours later after a flight was cancelled within 7 days".
#10
Join Date: Aug 2015
Programs: M&M Senator, BAEC GGL, Delta Platinum
Posts: 258
European Court of Justice on April 7, 2022 in the case of the European Union vs. United Airlines Case C-561/20
This was a a major milestone to get a US carriers objections thrown out by the hightest court.
#11
FlyerTalk Evangelist
Join Date: Oct 2001
Location: Austin, TX
Posts: 21,386
Well in the discussion with UA, I suggest you tell them about this verdict:
European Court of Justice on April 7, 2022 in the case of the European Union vs. United Airlines Case C-561/20
This was a a major milestone to get a US carriers objections thrown out by the hightest court.
European Court of Justice on April 7, 2022 in the case of the European Union vs. United Airlines Case C-561/20
This was a a major milestone to get a US carriers objections thrown out by the hightest court.
This isn't a surprising ruling in line with the court's previous precedents. I wonder if we'll see UA start to increase its minimum connection times to try to reduce the number of affected flights.
#12
Join Date: Sep 2006
Location: HNL
Programs: UA GS4MM, MR LT Plat, Hilton Gold
Posts: 6,447
Well in the discussion with UA, I suggest you tell them about this verdict:
European Court of Justice on April 7, 2022 in the case of the European Union vs. United Airlines Case C-561/20
This was a a major milestone to get a US carriers objections thrown out by the hightest court.
European Court of Justice on April 7, 2022 in the case of the European Union vs. United Airlines Case C-561/20
This was a a major milestone to get a US carriers objections thrown out by the hightest court.
Until the EU regulatory members have an appetite to fine US airlines (and I've seen no indication that they do) I wouldn't count in delayed connection compensation.
#13
FlyerTalk Evangelist
Join Date: May 2007
Location: Houston
Programs: UA Plat, Marriott Gold
Posts: 12,691
#14
Join Date: Aug 2015
Programs: M&M Senator, BAEC GGL, Delta Platinum
Posts: 258
That doesn't change the fact we don't see passengers posting on FT US airlines forums getting paid EU compensation for delayed connections when the international flight arrived on time regardless of that case. If UA and other US airlines continue to not pay on delayed connections - it isn't a milestone at all.
Until the EU regulatory members have an appetite to fine US airlines (and I've seen no indication that they do) I wouldn't count in delayed connection compensation.
Until the EU regulatory members have an appetite to fine US airlines (and I've seen no indication that they do) I wouldn't count in delayed connection compensation.
Hi chrini1,Thank you for your reply and patience while we reviewed the circumstances surrounding the disruption to your travel plans. Please accept our sincere apologies for the inconvenience you incurred.
As alternative options to your claim for compensation under Regulation EC 261/2004 (EU261), we would like to offer each of you the choice between a $1,000 (USD) United Travel Certificate (redeemable and transferable toward the purchase of flights operated by United, United Express, or United codeshare partners) or 50,000 United MileagePlus® miles (redeemable on flights operated by United, United Express or by Air Canada, ANA, Austrian, Lufthansa, SAS Scandinavian, Swiss, Thai, and 20 additional Star Alliance partners worldwide).
To view additional MileagePlus® services and award options within the world's largest network, including Star Alliance and our other global partners, please visit us at: http://www.united.com/mileageplus. Travel Certificates expire 1 year from date of issue, and MileagePlus® miles do not expire.
If you would like to select one of these options, please let us know your preference, and we'll facilitate delivery via e-mail within 3-5 business days.
However, if you still wish to pursue monetary compensation under EU261 in the amount of EUR600, please provide the following banking details:
· Account holder's name
· Account holder's address
· Bank name and address
· Swift/BIC/Routing number + account number, or IBAN
· Currency of bank account
You will receive your compensation in the form of an electronic funds transfer. Processing your payment may take up to ten weeks.
It is our privilege to serve you, and we look forward to welcoming you aboard your next United flight.
As alternative options to your claim for compensation under Regulation EC 261/2004 (EU261), we would like to offer each of you the choice between a $1,000 (USD) United Travel Certificate (redeemable and transferable toward the purchase of flights operated by United, United Express, or United codeshare partners) or 50,000 United MileagePlus® miles (redeemable on flights operated by United, United Express or by Air Canada, ANA, Austrian, Lufthansa, SAS Scandinavian, Swiss, Thai, and 20 additional Star Alliance partners worldwide).
To view additional MileagePlus® services and award options within the world's largest network, including Star Alliance and our other global partners, please visit us at: http://www.united.com/mileageplus. Travel Certificates expire 1 year from date of issue, and MileagePlus® miles do not expire.
If you would like to select one of these options, please let us know your preference, and we'll facilitate delivery via e-mail within 3-5 business days.
However, if you still wish to pursue monetary compensation under EU261 in the amount of EUR600, please provide the following banking details:
· Account holder's name
· Account holder's address
· Bank name and address
· Swift/BIC/Routing number + account number, or IBAN
· Currency of bank account
You will receive your compensation in the form of an electronic funds transfer. Processing your payment may take up to ten weeks.
It is our privilege to serve you, and we look forward to welcoming you aboard your next United flight.