Best Practices for Filing EU 261 Claims Against United? {Archive}
#1292
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#1293
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UA and EC261 - smarmy lawyers or faux customer service?
So I thought it was a pretty straightforward situation - UA flight from CDG to IAD was delayed because of mechanical on incoming aircraft from SFO (as documented in advisory msg from UA) resulting in missed connection at IAD, forced overnight and arrival at final destination just over 15 hours later than originally booked. Request for EC261 compensation submitted with extensive details, elicited several nicely worded but unresponsive emails - "our legal team must review". The alleged legal team says arrival at IAD was only 2.5 hours late so no compensation due, here's a USD 300 voucher that if you redeem registers your agreement to accept as full and final settlement in this matter. Did not accept proffered voucher as full and final, cited UK court decision against Qatar affirming that it is actual arrival at final destination vs arrival time on original purchased itinerary to be used in compensation eligibility/amount calculation. Responds "that's UK and your flight was from France, so doesn't apply. and we consider this case closed." Assuming this cracker jack legal team may be unaware that Brexit has not yet occurred, I responded that I do not consider the case closed, cited French government site which affirms that final destination is to be used in calculation. No response yet.
Anyone with similar experience have suggestions? I was - perhaps foolishly - relying on UA integrity which it appears is nonexistent. Anything other than going through French national enforcement body been successful for anyone?
Anyone with similar experience have suggestions? I was - perhaps foolishly - relying on UA integrity which it appears is nonexistent. Anything other than going through French national enforcement body been successful for anyone?
Last edited by SeamusSA; Jul 4, 2019 at 1:26 am Reason: typos
#1294
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So I thought it was a pretty straightforward situation - UA flight from CDG to IAD was delayed because of mechanical on incoming aircraft from SFO (as documented in advisory msg from UA) resulting in missed connection at IAD, forced overnight and arrival at final destination just over 15 hours later than originally booked. Request for EC261 compensation submitted with extensive details, elicited several nicely worded but unresponsive emails - "our legal team must review". The alleged legal team says arrival at IAD was only 2.5 hours late so no compensation due, here's a USD 300 voucher that if you redeem registers your agreement to accept as full and final settlement in this matter. Did not accept proffered voucher as full and final, cited UK court decision against Qatar affirming that it is actual arrival at final destination vs arrival time on original purchased itinerary to be used in compensation eligibility/amount calculation. Responds "that's UK and your flight was from France, so doesn't apply. and we consider this case closed." Assuming this cracker jack legal team may be unaware that Brexit has not yet occurred, I responded that I do not consider the case closed, cited French government site which affirms that final destination is to be used in calculation. No response yet.
Anyone with similar experience have suggestions? I was - perhaps foolishly - relying on UA integrity which it appears is nonexistent. Anything other than going through French national enforcement body been successful for anyone?
Anyone with similar experience have suggestions? I was - perhaps foolishly - relying on UA integrity which it appears is nonexistent. Anything other than going through French national enforcement body been successful for anyone?
I do not believe United can state what you are saying they are conveying to you. What's more they need to put you up at a hotel in IAD (based on information from another FT member).
I would escalate the issue and call and ask for a Supervisor, and if that is unsuccessful post on Twitter/Facebook and other social media. Am sure there will be a lawyer who would love the "experience" of taking on this case.
Interesting angle because the EU law is the EU law, not UK law. When the UK leaves the EU it will still be EU law.
Last edited by Aussienarelle; Jul 4, 2019 at 2:44 am
#1295
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So I thought it was a pretty straightforward situation - UA flight from CDG to IAD was delayed because of mechanical on incoming aircraft from SFO (as documented in advisory msg from UA) resulting in missed connection at IAD, forced overnight and arrival at final destination just over 15 hours later than originally booked. Request for EC261 compensation submitted with extensive details, elicited several nicely worded but unresponsive emails - "our legal team must review". The alleged legal team says arrival at IAD was only 2.5 hours late so no compensation due, here's a USD 300 voucher that if you redeem registers your agreement to accept as full and final settlement in this matter. Did not accept proffered voucher as full and final, cited UK court decision against Qatar affirming that it is actual arrival at final destination vs arrival time on original purchased itinerary to be used in compensation eligibility/amount calculation. Responds "that's UK and your flight was from France, so doesn't apply. and we consider this case closed." Assuming this cracker jack legal team may be unaware that Brexit has not yet occurred, I responded that I do not consider the case closed, cited French government site which affirms that final destination is to be used in calculation. No response yet.
Anyone with similar experience have suggestions? I was - perhaps foolishly - relying on UA integrity which it appears is nonexistent. Anything other than going through French national enforcement body been successful for anyone?
Anyone with similar experience have suggestions? I was - perhaps foolishly - relying on UA integrity which it appears is nonexistent. Anything other than going through French national enforcement body been successful for anyone?
#1296
Join Date: May 2014
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If you accept/use a ETC does that prohibit you from successfully filing the EU261 complaint regarding the same flight?
#1297
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#1298
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#1299
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Good question
@ aussienarelle - UA did indeed put me up via voucher (in a minimal service hotel close to IAD) and provided USD20 vouchers for dinner and breakfast. If I had just booked myself into nicer property and submitted for reimbursement it may have worked out OK. Next time...
" Interesting angle because the EU law is the EU law, not UK law." Suspect they count on typical American ignorance of world geography. I cited the UK court as I thought English language would be easier, assuming their legal beagles would know UK is currently still part of EU. . When they hit me with that load of BS I cited the French government site. No response yet from UA.
@ silverfox - yes, i suspect they are counting on my just going away. Bad call on their part.
#1301
Join Date: Sep 2006
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I thought you said in a previous post UA responded they consider the case closed......
I don't think the US airlines recognize the Wegener decision and I only recall 1 poster on this forum succeeding in getting UA to pay for a connection causing a late arrival. You'll likely have to roll the dice in court.
I don't think the US airlines recognize the Wegener decision and I only recall 1 poster on this forum succeeding in getting UA to pay for a connection causing a late arrival. You'll likely have to roll the dice in court.
#1302
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I thought you said in a previous post UA responded they consider the case closed......
@HNLbasedFlyer - yes, they said that but I replied I do not agree, submitted additional info based on their stance (French government site defining arrival at final destination as metric, since UA responded that he UK court did not pertain, would need to be French) . Apparently this is the UA equivalent of flipping off the customer and walking away. No info on appeal/escalation option, if any, was offered.
@jsloan -There are multiple cases that could be cited, I chose the UK one as I thought English language would be easiest. My hunch is the ECJ standing will be of little import to the UA "legal team" but good point to rebut their position.
Tried Twitter, response was "not able to go above their (UA Customer Care) decision via Social Media...not able to assist you further." Sure sounds like another e-flip off. But Twitter rep did at one point suggest submitting a new claim, citing the previous case ID, so will give that a shot - guess that's the UA version of escalation/appeal. Will cite Wegener as suggested - but not really expecting much in the way of response. Suspect will likely wind up filing with French DGAC.
Stay tuned, and thanks for the assist!
@HNLbasedFlyer - yes, they said that but I replied I do not agree, submitted additional info based on their stance (French government site defining arrival at final destination as metric, since UA responded that he UK court did not pertain, would need to be French) . Apparently this is the UA equivalent of flipping off the customer and walking away. No info on appeal/escalation option, if any, was offered.
@jsloan -There are multiple cases that could be cited, I chose the UK one as I thought English language would be easiest. My hunch is the ECJ standing will be of little import to the UA "legal team" but good point to rebut their position.
Tried Twitter, response was "not able to go above their (UA Customer Care) decision via Social Media...not able to assist you further." Sure sounds like another e-flip off. But Twitter rep did at one point suggest submitting a new claim, citing the previous case ID, so will give that a shot - guess that's the UA version of escalation/appeal. Will cite Wegener as suggested - but not really expecting much in the way of response. Suspect will likely wind up filing with French DGAC.
Stay tuned, and thanks for the assist!
#1303
Join Date: Apr 2009
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I thought you said in a previous post UA responded they consider the case closed......
@HNLbasedFlyer - yes, they said that but I replied I do not agree, submitted additional info based on their stance (French government site defining arrival at final destination as metric, since UA responded that he UK court did not pertain, would need to be French) . Apparently this is the UA equivalent of flipping off the customer and walking away. No info on appeal/escalation option, if any, was offered.
@jsloan -There are multiple cases that could be cited, I chose the UK one as I thought English language would be easiest. My hunch is the ECJ standing will be of little import to the UA "legal team" but good point to rebut their position.
Tried Twitter, response was "not able to go above their (UA Customer Care) decision via Social Media...not able to assist you further." Sure sounds like another e-flip off. But Twitter rep did at one point suggest submitting a new claim, citing the previous case ID, so will give that a shot - guess that's the UA version of escalation/appeal. Will cite Wegener as suggested - but not really expecting much in the way of response. Suspect will likely wind up filing with French DGAC.
Stay tuned, and thanks for the assist!
@HNLbasedFlyer - yes, they said that but I replied I do not agree, submitted additional info based on their stance (French government site defining arrival at final destination as metric, since UA responded that he UK court did not pertain, would need to be French) . Apparently this is the UA equivalent of flipping off the customer and walking away. No info on appeal/escalation option, if any, was offered.
@jsloan -There are multiple cases that could be cited, I chose the UK one as I thought English language would be easiest. My hunch is the ECJ standing will be of little import to the UA "legal team" but good point to rebut their position.
Tried Twitter, response was "not able to go above their (UA Customer Care) decision via Social Media...not able to assist you further." Sure sounds like another e-flip off. But Twitter rep did at one point suggest submitting a new claim, citing the previous case ID, so will give that a shot - guess that's the UA version of escalation/appeal. Will cite Wegener as suggested - but not really expecting much in the way of response. Suspect will likely wind up filing with French DGAC.
Stay tuned, and thanks for the assist!
PS I would cash the $300 voucher because the goodwill customer service has nothing to do with the EC 261 claim. Sounds like you got a little too legal too quickly. I think that rubbed him the wrong way. Id forget about the IAD arrival it’s the arrival to your destinations that counts
Last edited by Flying Machine; Jul 5, 2019 at 2:02 pm
#1304
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Many customer support organizations have a rule that once the customer starts getting "legal" it is punted immediate to the legal team, so yes it is best to avoid giving that impression until there is no other choice.
#1305
Join Date: Apr 2008
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"But Ma, he started it..."
@Flying Machine - kudos to you! Worth a shot, I guess, so just submitted bare bones request for EC261 compensation citing 14+ hour delayed arrival. Got auto response saying 'we're busy now, will get back in 18-21 days"
Last edited by SeamusSA; Jul 5, 2019 at 2:44 pm Reason: typo