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Best Practices for Filing EU 261 Claims Against United? {Archive}

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Best Practices for Filing EU 261 Claims Against United? {Archive}

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Old Jun 12, 2019, 3:46 pm
  #1291  
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Originally Posted by sannmann


Lufthansa is German. Germany is European.
This is irrelevant as the LH flight does not meet EC261 thresholds. No compensation due.
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Old Jun 13, 2019, 12:31 pm
  #1292  
 
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Originally Posted by LondonElite


This is irrelevant as the LH flight does not meet EC261 thresholds. No compensation due.
With the OP's clarification that the LH-caused delay was only 85 minutes, I agree. No compensation is due.
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Old Jul 4, 2019, 1:23 am
  #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?

Last edited by SeamusSA; Jul 4, 2019 at 1:26 am Reason: typos
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Old Jul 4, 2019, 2:39 am
  #1294  
 
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Originally Posted by SeamusSA
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?
You have my sympathies. I was on that flight and realized I would not get home until Friday so in the wee hours called the 1K desk (as the app would not let me book a different flight despite telling me to do so) and got on the ORD flight that departs an hour earlier than the IAD flight (with a true Ploaris lounge in ORD) and arrive home two hours before the original flight.

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
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Old Jul 4, 2019, 9:45 am
  #1295  
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Originally Posted by SeamusSA
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?
I have had to use the courts in the UK against UA (my ongoing case is different to yours as it relates to crew issues) as their "legal" team said that a relevant court ruling is not relevant. Very tedious. I think they are just hoping people give up and go away.
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Old Jul 4, 2019, 10:50 am
  #1296  
 
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If you accept/use a ETC does that prohibit you from successfully filing the EU261 complaint regarding the same flight?
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Old Jul 4, 2019, 11:04 am
  #1297  
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Originally Posted by nycflyer222
If you accept/use a ETC does that prohibit you from successfully filing the EU261 complaint regarding the same flight?
Many have reported that is not an issue. One is a goodwill gesture and the other is mandated compensation.
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Old Jul 4, 2019, 11:04 am
  #1298  
 
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Originally Posted by nycflyer222
If you accept/use a ETC does that prohibit you from successfully filing the EU261 complaint regarding the same flight?
From my personal experience no, I received both…
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Old Jul 5, 2019, 1:22 am
  #1299  
 
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Good question

Originally Posted by nycflyer222
If you accept/use a ETC does that prohibit you from successfully filing the EU261 complaint regarding the same flight?
Suspect that would become another point of argumentation. EU reg says compensation may not be in vouchers unless pax specifically agrees, which I did not and will not. Email with "goodwill" voucher includes language that pax acceptance of voucher is full and final settlement (which is why I have not accepted it.)

@ 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.
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Old Jul 5, 2019, 2:36 am
  #1300  
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Originally Posted by SeamusSA
assuming their legal beagles would know UK is currently still part of EU.
I’m not sure why you would cite a UK case against Qatar; I believe the Wegener decision is the proper precedent, and it was decided by the ECJ, so it would definitely apply in France.
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Old Jul 5, 2019, 11:09 am
  #1301  
 
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Originally Posted by SeamusSA
No response yet from UA.
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.
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Old Jul 5, 2019, 1:38 pm
  #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!
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Old Jul 5, 2019, 1:57 pm
  #1303  
 
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Originally Posted by SeamusSA
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!
I didn’t get too legal with them I just said I believe my flight qualifies for EC 261 compensation. They came back 45 minutes later, stating I am due compensation. They offered me €600 or $900 in an ECERT. Perhaps when you write the follow up you can word it a little differently stating that you arrived home greater than four hours after originally scheduled arrival. I never mentioned anything about connections and I had them. Good luck
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
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Old Jul 5, 2019, 2:17 pm
  #1304  
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Originally Posted by Flying Machine
...Sounds like you got a little too legal too quickly. ...
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.
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Old Jul 5, 2019, 2:26 pm
  #1305  
 
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"But Ma, he started it..."

Originally Posted by WineCountryUA
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.
It was the UA rep who introduced legal, not me. It was the justification offered for delaying response - "must be reviewed by our legal team"
@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
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