Compensation under EC Law
Mar 13, 2011, 6:19 pm
#16
Join Date: Feb 2003
Location: Alexandria, VA - DCA
Programs: BA Gold, American Airlines, Marriott Plat, Hilton Diamond, IHG Diamond
Posts: 5,075
And it's always a good idea to quote legal advice obtained via an internet chat forum... 
Mar 16, 2011, 6:24 am
#17
Join Date: Jan 2009
Location: BER
Posts: 512
Originally Posted by Regulation 261/2004
Article 3: Scope
1. This Regulation shall apply:
(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;
(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to
which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the
operating air carrier of the flight concerned is a Community carrier.
...
1. This Regulation shall apply:
(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;
(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to
which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the
operating air carrier of the flight concerned is a Community carrier.
...
Mar 17, 2011, 1:00 am
#18
Original Poster
Join Date: Dec 2010
Location: Austria
Programs: Lufthansa Gold, BA Gold, Starwood Platinum
Posts: 111
Thank you all for your help. US got back to me and offered as a compromise a USD 150 flight voucher. They claim that the flight that was delayed was not delayed by 4 hours and that the connection flight is not covered under the EU laws. I am happy with the compromise.
Mar 17, 2011, 5:26 am
#19
Join Date: Jan 2009
Location: BER
Posts: 512
Well, if the MUC-PHL flight was indeed delayed by more than 4 hours (missing a US connection and arrival at final destination >4 hours late does not count) and you figure out some way to prove that, I would get back to US. But if you're satisfied with the 150USD voucher just let it go
Jun 6, 2011, 8:33 pm
#20
Join Date: Sep 2006
Location: somewhere between ORD and Willis Tower
Programs: UA MM, Premier Plat, Costco EM
Posts: 1,392
Normally, the U.S. carriers claim that mechanical issues are exempt as "out of the control of the carrier" and will offer a voucher. I don't really keep up with the EU law much but did see that the UK High Court suspended compensation requirements for U.K. flights. That wouldn't affect you unless other countries' courts did the same.
Jim
Jim
Do you have any info about the UK suspending EU 261/2004?
Thanks
Jun 7, 2011, 12:38 am
#21
Join Date: Nov 2003
Location: AVL
Programs: AA EXP ; Cunard Plat
Posts: 4,211
Your question was directed at Jim (BoeingBoy), but he is on summer vacation in Alaska and may not be reading FT regularly these days. I think this link contains info he was referring to ...
... However, in August 2010, the Administrative Court of the High Court of Justice in the UK, in considering a specific case, ordered that a number of questions relating to the November 2009 ruling be referred to the Court of Justice of the European Union (CJEU). In making the referral, the UK court placed a "stay" on further proceedings.
The "stay" related to the specific case that prompted the referral to the CJEU. But the effect is that other claims in UK courts citing the Sturgeon ruling are likely similarly to be "stayed" pending the CJEU's answers to the questions. So, for the moment, the ruling is in practice unlikely to be enforceable in UK courts.
The "stay" related to the specific case that prompted the referral to the CJEU. But the effect is that other claims in UK courts citing the Sturgeon ruling are likely similarly to be "stayed" pending the CJEU's answers to the questions. So, for the moment, the ruling is in practice unlikely to be enforceable in UK courts.
Jul 23, 2011, 10:31 am
#22
Join Date: Sep 2006
Location: somewhere between ORD and Willis Tower
Programs: UA MM, Premier Plat, Costco EM
Posts: 1,392
Thank you for your recent correspondence to Customer Relations. We apologize our original attempt at resolving this issue was not to your satisfaction.
We regret that your Flight 735 from Manchester on June 5, 2011 was cancelled. As you may know this flight did not operated as scheduled due to an unexpected mechanical situation. Please accept our apology for the inconvenience and impact on your travel plans this irregularity caused. It is never our intent to create difficulties for you, or any of our passengers, and appreciate that this disruption was a frustrating experience.
Additionally, we thank you for giving us the opportunity to respond to your request for compensation based on European Regulation 261/2004. Under EU regulations, carriers are not required to provide EU compensation in the event that the carrier performed all necessary maintenance checks and took all steps feasibly viable to prevent a mechanical cancellation or delay. We can assure you our aircraft undergo all required maintenance; however, despite the best preventive maintenance, some malfunctions cannot be predicted. Our records indicate all required measures pertinent to this flight were taken; therefore, no compensation under the EU Regulation No. 261/2004 is due.
We are unable to offer EU compensation, however; as we understand this was a difficult and frustrating experience for our customers, and certainly not something you had anticipated, US Airways wishes to acknowledge your inconvenience. We have reviewed your request and agree additional compensation is appropriate.
We have voided your original voucher for $150. This voucher has been replaced with a new transferable Electronic Transportation Voucher (E-TUV) in the amount of $600.00.
Please be advised the E-TUV is not valid with Internet bookings and must be redeemed within one year from the date of this correspondence. In addition, please take a moment to read the terms and conditions listed below to receive the full benefit of this compensation. When you are ready to make your future travel arrangements, please call our Reservations Department at 800-428-4322 and provide the E-TUV code listed below. The customary ticketing fee will not be assessed at the time of booking with our Reservations Department.
Jul 23, 2011, 8:07 pm
#23
Join Date: Jun 2006
Location: PHL
Posts: 157
US's interpretation of the EU regulations is incorrect. The European Court of Justice has clearly held that mechanical problems do not constitute "extraordinary circumstances." You can email the UK Civil Aviation Authority, however they about three months to review complaints. Their email is [email protected]
That being said, you can be pleased you got any response from US. I requested EU compensation from them in April. I received a reimbursement for my hotel stay caused by the cancellation, but no substantive reply to my original complaint and two follow up letters.
That being said, you can be pleased you got any response from US. I requested EU compensation from them in April. I received a reimbursement for my hotel stay caused by the cancellation, but no substantive reply to my original complaint and two follow up letters.
Jul 24, 2011, 4:09 am
#24
Join Date: Jan 2009
Location: BER
Posts: 512
The EC Legal Service published this summary, which might help you claim your compensation:
http://ec.europa.eu/dgs/legal_servic.../07c402_en.pdf
http://ec.europa.eu/dgs/legal_servic.../07c402_en.pdf
Jul 24, 2011, 5:46 am
#25
Join Date: Feb 2005
Location: UK
Posts: 44
Here's the response from US Airways. I honestly think $600 is too little for 2 hotel nights - any hope for more compensation:
Thank you for your recent correspondence to Customer Relations. We apologize our original attempt at resolving this issue was not to your satisfaction.
We regret that your Flight 735 from Manchester on June 5, 2011 was cancelled. As you may know this flight did not operated as scheduled due to an unexpected mechanical situation. Please accept our apology for the inconvenience and impact on your travel plans this irregularity caused. It is never our intent to create difficulties for you, or any of our passengers, and appreciate that this disruption was a frustrating experience.
Additionally, we thank you for giving us the opportunity to respond to your request for compensation based on European Regulation 261/2004. Under EU regulations, carriers are not required to provide EU compensation in the event that the carrier performed all necessary maintenance checks and took all steps feasibly viable to prevent a mechanical cancellation or delay. We can assure you our aircraft undergo all required maintenance; however, despite the best preventive maintenance, some malfunctions cannot be predicted. Our records indicate all required measures pertinent to this flight were taken; therefore, no compensation under the EU Regulation No. 261/2004 is due.
We are unable to offer EU compensation, however; as we understand this was a difficult and frustrating experience for our customers, and certainly not something you had anticipated, US Airways wishes to acknowledge your inconvenience. We have reviewed your request and agree additional compensation is appropriate.
We have voided your original voucher for $150. This voucher has been replaced with a new transferable Electronic Transportation Voucher (E-TUV) in the amount of $600.00.
Please be advised the E-TUV is not valid with Internet bookings and must be redeemed within one year from the date of this correspondence. In addition, please take a moment to read the terms and conditions listed below to receive the full benefit of this compensation. When you are ready to make your future travel arrangements, please call our Reservations Department at 800-428-4322 and provide the E-TUV code listed below. The customary ticketing fee will not be assessed at the time of booking with our Reservations Department.
Thank you for your recent correspondence to Customer Relations. We apologize our original attempt at resolving this issue was not to your satisfaction.
We regret that your Flight 735 from Manchester on June 5, 2011 was cancelled. As you may know this flight did not operated as scheduled due to an unexpected mechanical situation. Please accept our apology for the inconvenience and impact on your travel plans this irregularity caused. It is never our intent to create difficulties for you, or any of our passengers, and appreciate that this disruption was a frustrating experience.
Additionally, we thank you for giving us the opportunity to respond to your request for compensation based on European Regulation 261/2004. Under EU regulations, carriers are not required to provide EU compensation in the event that the carrier performed all necessary maintenance checks and took all steps feasibly viable to prevent a mechanical cancellation or delay. We can assure you our aircraft undergo all required maintenance; however, despite the best preventive maintenance, some malfunctions cannot be predicted. Our records indicate all required measures pertinent to this flight were taken; therefore, no compensation under the EU Regulation No. 261/2004 is due.
We are unable to offer EU compensation, however; as we understand this was a difficult and frustrating experience for our customers, and certainly not something you had anticipated, US Airways wishes to acknowledge your inconvenience. We have reviewed your request and agree additional compensation is appropriate.
We have voided your original voucher for $150. This voucher has been replaced with a new transferable Electronic Transportation Voucher (E-TUV) in the amount of $600.00.
Please be advised the E-TUV is not valid with Internet bookings and must be redeemed within one year from the date of this correspondence. In addition, please take a moment to read the terms and conditions listed below to receive the full benefit of this compensation. When you are ready to make your future travel arrangements, please call our Reservations Department at 800-428-4322 and provide the E-TUV code listed below. The customary ticketing fee will not be assessed at the time of booking with our Reservations Department.
www.flightmole.com -
which provides free help and advice to passengers on compensation claims for EU flights. There you will find that US Airways have offered others on this cancelled flight US$1,000 vouchers - tho they started at US$600 initially! Read here
http://www.flightmole.com/forum/showthread.php?t=1471
and here
http://www.flightmole.com/forum/showthread.php?t=1467
Under EC Reg 261/2004 for cancellations, the airline is required to do the following:
Articles 5 & 7 - compensate you with Euro600 in cash (unless they can claim extraordinary circumstances - which they would find almost impossible!) and
Article 8 - re-route or refund you at your choice at the earliest possible opportunity, and
Article 9 - If Art 8 requires an overnight stay for you, then they should reimburse you. You are also entitled to reimbursement of phone calls, food etc
If you want to read the detail the Reg is here:
http://eur-lex.europa.eu/LexUriServ/...4R0261:EN:HTML
The helpful folks at Flightmole will be able to help with any other points but remember EC Reg 261/2004 gives you entitlements. You might be happy with $1000 travel voucher but read the small print before accepting.
As an aside, I am unsure why you were waiting for 2 nights!