Best Practices for Filing EU 261 Claims Against United? {Archive}
May 22, 2015, 7:04 pm
#421
Join Date: Apr 2010
Location: NYCEWR
Programs: MP(1K) Million Miler, Marriott Plat
Posts: 478
A happy update on this. After a few emails and snail mail replies from United I concluded that that bird wasn't going to fly so I complained to the CAA. They told me they interpret the case so that I should be compensated but UA claimed EU261 didn't apply and that they can't enforce their rulings.
I ended up using Bott & Co to sue in the UK small claims court and I just received confirmation that UA have agreed to settle and that our compensation less their fees is on the way to my account. The fees ended up being roughly 1/3 of the compensation amount (plus any accrued interest but that's likely to be low anyway). They charge 27% + 50€/person to pursue these claims now.
So scratch one for the delay being counted at the final destination (HNL in our case) if the delayed leg left from EU.
I ended up using Bott & Co to sue in the UK small claims court and I just received confirmation that UA have agreed to settle and that our compensation less their fees is on the way to my account. The fees ended up being roughly 1/3 of the compensation amount (plus any accrued interest but that's likely to be low anyway). They charge 27% + 50€/person to pursue these claims now.
So scratch one for the delay being counted at the final destination (HNL in our case) if the delayed leg left from EU.
May 23, 2015, 11:09 pm
#422
Suspended
Join Date: Jan 2014
Location: yyz/ord
Programs: AC E50 UA1k 2MM AA EXP Royal Ambassador SPG Platinum
Posts: 1,516
OK this is a lot of work, however well worth it for 600e
May 24, 2015, 7:48 am
#423
FlyerTalk Evangelist
Join Date: Aug 2005
Location: BOS/EAP
Programs: UA 1K, MR LTT, HH Dia, Amex Plat
Posts: 32,147
May 24, 2015, 3:58 pm
#424
Join Date: Apr 2010
Location: NYCEWR
Programs: MP(1K) Million Miler, Marriott Plat
Posts: 478
I have searched to find a firm that will take such a case. The only such firms I have found work only in the UK. However my next step will be to post the same question on the Swiss Airlines forum to see if I can get some assistance.
Jun 19, 2015, 11:38 am
#425
Join Date: Jun 2015
Posts: 3
Denied eu261
In may 2015 I has was coming g back from MIL. When I got to the airport I was told the flight will love with an hour delay and that I will loose my connection flight from EWR to IAD. I was rebooked and routed to another airport. Long story short the fly from EWR was delayed too (due to mechanical problems- we had to wait for another plane to replace it) and I ended up in DC with a delay of almost 6 hours.
In the answer I received from United it says that because the flight from MIL was delayed only 55 min my requested it's denied. They say that's what article 6.1.c states.
Am I wrong to claim that because I got to my final destination (actually another airport but I the same city) the eu261 should apply?
In the answer I received from United it says that because the flight from MIL was delayed only 55 min my requested it's denied. They say that's what article 6.1.c states.
Am I wrong to claim that because I got to my final destination (actually another airport but I the same city) the eu261 should apply?
Jun 19, 2015, 11:43 am
#426
FlyerTalk Evangelist
Join Date: Feb 2007
Location: Los Angeles / Basel
Programs: UA 1K MM, AA EXP, Hyatt Globalist
Posts: 26,945
Welcome to Flyertalk!
Do you mean MXP (Milan Malpensa)?
You should fight this -- seems to me your delay qualifies.
Do you mean MXP (Milan Malpensa)?
You should fight this -- seems to me your delay qualifies.
Jun 19, 2015, 11:52 am
#427
Join Date: Feb 2007
Location: Suburban Philadelphia
Programs: Marriott Lifetime Plat, IHG Gold
Posts: 3,392
2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time
of which does not exceed the scheduled arrival time of the flight originally booked
(a) by two hours, in respect of all flights of 1500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500
and 3500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a) or (b),
http://ec.europa.eu/transport/themes...g_2004_261.pdf
As I see it, you arrived at your final destination (key wording in the statute) 4+ hours late so UA is full of hot air.
of which does not exceed the scheduled arrival time of the flight originally booked
(a) by two hours, in respect of all flights of 1500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500
and 3500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a) or (b),
http://ec.europa.eu/transport/themes...g_2004_261.pdf
As I see it, you arrived at your final destination (key wording in the statute) 4+ hours late so UA is full of hot air.
Jun 19, 2015, 11:52 am
#428
FlyerTalk Evangelist
Join Date: Nov 2004
Location: ORD
Programs: UA 1K
Posts: 16,901
There seem to be two separate delays here. The piece of information we don't have is how delayed was your scheduled arrival at DCA after the rebooking. If within the limits you don't qualify under that.
I suspect UA is saying that the delay of your 2nd flight - which resulted in the 6 hour arrival delay - was a separate event, unrelated to the delay/rebooking at MXP.
Jun 19, 2015, 11:52 am
#429
Join Date: Mar 2012
Programs: Mileage Plus 1K; Marriott Platinum; Hilton Gold
Posts: 6,355
I agree. Your next step is to appeal to the Italian agency charged with enforcing this regulation. I had a friend who did this (through the Spanish enforcement regulator) and once the regulator got involved, payment was delivered within one week.
Jun 19, 2015, 11:56 am
#430
Join Date: Feb 2007
Location: Suburban Philadelphia
Programs: Marriott Lifetime Plat, IHG Gold
Posts: 3,392
I'm not sure.
There seem to be two separate delays here. The piece of information we don't have is how delayed was your scheduled arrival at DCA after the rebooking. If within the limits you don't qualify under that.
I suspect UA is saying that the delay of your 2nd flight - which resulted in the 6 hour arrival delay - was a separate event, unrelated to the delay/rebooking at MXP.
There seem to be two separate delays here. The piece of information we don't have is how delayed was your scheduled arrival at DCA after the rebooking. If within the limits you don't qualify under that.
I suspect UA is saying that the delay of your 2nd flight - which resulted in the 6 hour arrival delay - was a separate event, unrelated to the delay/rebooking at MXP.
Last edited by Cargojon; Jun 19, 2015 at 12:10 pm
Jun 19, 2015, 1:10 pm
#432
Join Date: Jun 2015
Posts: 3
First thank you all for your replies.
Yes, my flight was form MXP. My original final destination arrival time was 4:41 pm and the actual arrival time was 10:28 pm. So over 5 hours and a half delay.
I won't go into how bad they treated everybody in Newark and how they didn't care I was stuck for 8 hours in the airport with a 3 year old. And yes, I claimed the eu261 for both of us.
What they claim is that all that counts is the delay to US not to the final destination.
Yes, my flight was form MXP. My original final destination arrival time was 4:41 pm and the actual arrival time was 10:28 pm. So over 5 hours and a half delay.
I won't go into how bad they treated everybody in Newark and how they didn't care I was stuck for 8 hours in the airport with a 3 year old. And yes, I claimed the eu261 for both of us.
What they claim is that all that counts is the delay to US not to the final destination.
Jun 19, 2015, 3:12 pm
#433
Join Date: Jun 2015
Posts: 3
I wrote United back and to my surprise they got back to me in less than an hour... But just to deny my claim again this time saying that the mechanical problem was a case of force majeure 
Jun 19, 2015, 3:16 pm
#434
Join Date: Feb 2007
Location: Suburban Philadelphia
Programs: Marriott Lifetime Plat, IHG Gold
Posts: 3,392
Force majeure = earthquake at the airport. 9/11. volcano erupting in Iceland.
Not a mechanical.
Good Lord
There's a few good links in this article http://thepointsguy.com/2014/02/how-...layed-flights/
Jun 19, 2015, 7:04 pm
#435
A FlyerTalk Posting Legend
Join Date: Apr 2004
Location: GVA (Greater Vancouver Area)
Programs: DREAD Gold; UA 1.035MM; Bonvoy Au-197; PCC Elite+; CCC Elite+; MSC C-12; CWC Au-197; WoH Dis
Posts: 52,153
I don't believe 9/11 would qualify.