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Flight cancelled - rebooked - denied boarding? [EC 261/2004?]

 
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Old Sep 4, 2015, 2:39 pm
  #1  
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Flight cancelled - rebooked - denied boarding? [EC 261/2004?]

Hey,

I recently was scheduled to fly OPO - MAD - CLT - DCA on Aug 28. OPO-MAD was on Iberia and MAD-CLT-DCA was on US.

The morning of departure, I received notification that MAD-CLT had been cancelled due to MX issues. I was rebooked MAD-BOS on Iberia and BOS-DCA on US Shuttle.

The agent in OPO couldn't figure out what was going on, and sent me to MAD to get a boarding pass. I did not have a valid IB boarding pass as the flight change occurred in the morning and I was unable to web check in for Iberia (it told me to go to the airport). On landing in MAD T4S, I attempted to make my way to the gate to get a new boarding pass. They would not let me through as I didnt have a boarding pass. I finally ran back to T4 and stood in line. They then sent me back to T4S. T4S sent me all the way out to the ticket counters. By this point, I had missed my flight.

US eventually rebooked me via PHL, resulting in a mad dash across the airport. Nearly wasn't allowed on the plane due to asthma issues trying to get there.

My question - As neither IB nor US could figure out how to get me a boarding pass for a flight they rebooked me on, I was unable to make it to the gate and board. Does this constitute a denied boarding subject to EU264 regulations?
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Old Sep 4, 2015, 3:10 pm
  #2  
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I think the delayed arrival time might be more suitable for EC 261/2004 requests, because you eventually were reaccommodated.
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Old Sep 4, 2015, 4:05 pm
  #3  
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I don't believe that US denied you boarding. You were not at the gate with a BP by T-30. The fact that IB could not issue a US boarding pass at OPO is an IB, not US issue.

That does leave the delay issue. What was your originally scheduled arrival time at DCA (had US not cancelled) and at what time did you ultimately arrive at DCA.
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Old Sep 4, 2015, 4:22 pm
  #4  
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What was the timing of the cancelled flight
What time was the timing of the rebooked flights
What was the actual time of arrival

With a cancelled flight, you are entitled to EC261 compensation. If you were scheduled to arrived < 4 hours late, EUR300 otherwise EUR600 just in the simple case

if the scheduled time was 4 hours late, then the rest of issues are irrelevent to the EC261 claim

If it became > 4 hours due to the airline not actually rebooking you correctly, you are still entitled to EUR600 since the airline failed to rebook you such that you were able to arrive < 4 hours delayed

Do not worry about denied boarding issues - what matters is how delayed you were in reaching the destination due to the cancellation

If you were < 4 hours late, clain EUR300 otherwise claim EUR600

Since it was the US flight that was cancelled, it is US that is liable for the compensation
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Old Sep 4, 2015, 4:26 pm
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It's my feeling that OP wasn't delayed (much) in the end. As EU261 compensation is calculated on the (real) delay on your final destination of arrival compared with what you originally booked, we need to know the original, scheduled arrival in DCA vs. when you get there eventually.
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Old Sep 4, 2015, 4:43 pm
  #6  
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Originally Posted by YuropFlyer
It's my feeling that OP wasn't delayed (much) in the end. As EU261 compensation is calculated on the (real) delay on your final destination of arrival compared with what you originally booked, we need to know the original, scheduled arrival in DCA vs. when you get there eventually.
The flight was cancelled - compensation is due regardless
The only question is whether it is EUR300 or EUR600 and the scheduled departure time/arrival time and the actual departure time/arrival time is needed to know which it is
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Old Sep 4, 2015, 4:56 pm
  #7  
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Originally Posted by Dave Noble
The flight was cancelled - compensation is due regardless
The only question is whether it is EUR300 or EUR600 and the scheduled departure time/arrival time and the actual departure time/arrival time is needed to know which it is
There is no compensation due for a cancellation when the passenger arrives no later than 2 hours after his originally scheduled time.

Hence the need for OP to return with the route/time information for both his ticketed and rerouted flights.
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Old Sep 6, 2015, 12:37 am
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Looking at the schedules I would assume OP was originally on US 749/1750 due into DCA at 7:17pm (standard connection in CLT).

Also assume the rebooking over PHL meant US 741/3764, getting in at 10:37. There are later flights to DCA from PHL too.
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