Flight delay compensation, US and Canadian Airlines
Options
Comments
-
Many thanks, I will definitely use that wording in post 259 and am happy to go to court if necessary, but am I missing something?
Does Folkerts v Air France definitely apply to connecting flights through non-EU countries? I have read it and think it might, but can anyone confirm that?
And does it matter that the first flight was operated by United and the second by United Express, even though both were booked on the same itinerary? Again, I think it doesn't matter, but does anyone know?
I wish United had included more detail in their letter, I am trying to guess their defence!
Edited to add: Have re-read Lynda's posts and it seems to be an identical situation as mine.
I think opinions are divided on this point. My own view is the Folkerts rules that a one-ticket journey, with directly connecting flights, means that it is the delay at the final destination that counts - and if the significant delay occurs on the leg outside of the EU, that it irrelevant. But others, whose views I hold in high regard, take a different view and say that if the main delay occurs outside of the EU then the Regulation does not apply.
What does this mean in practice? That the law is probably unclear and - in the lottery of the small claims process - you could get a judge ruling either way. In practice, I suspect most US airlines would conclude that, as the (non-recoverable) costs of defending this uncertain case are likely to exceed the 600 euros, they will probably pay up once you start legal action. But who knows.0 -
Many thanks, I will definitely use that wording in post 259 and am happy to go to court if necessary, but am I missing something?
Does Folkerts v Air France definitely apply to connecting flights through non-EU countries? I have read it and think it might, but can anyone confirm that?
And does it matter that the first flight was operated by United and the second by United Express, even though both were booked on the same itinerary? Again, I think it doesn't matter, but does anyone know?
I wish United had included more detail in their letter, I am trying to guess their defence!
Edited to add: Have re-read Lynda's posts and it seems to be an identical situation as mine.
Hi babybunny,
The only difference from our flights is that my delay was not caused by technical problems. Our flight was delayed because the incoming flight to take us to the USA was late in arriving at Edinburgh so therefore late in leaving causing us to miss our connecting flight.
Do flights connecting through non-EU countries not count? Yes they do if you have bought 1 through ticket to your final destination.
Keep fighting and good luck.
Lynda xxx0 -
Please read post #1 of this thread.0
-
Ticketed from MAN to DAY via PHL. US Airways.
MAN-PHL arrived on time but the connecting flight PHL-DAY was cancelled due to "aircraft maintenance". Resulting delay to final destination after being re-booked on a later flight was 5 hours. I did manage to get a $10 meal voucher from the US Airways service desk at PHL after asking.
Am I eligible to claim for this delay under the EU rules? I suspect not as the delayed leg did not invlove an EU airport, BICBW.Just broke, even.0 -
Ticketed from MAN to DAY via PHL. US Airways.
Am I eligible to claim for this delay under the EU rules? I suspect not as the delayed leg did not invlove an EU airport, BICBW.
Your correct nickbeee. You connecting flight was outside EU in a non EU airport.
If your flight from MAN had been delayed or canceled you would have had a claim.
Lynda xxx0 -
Thanks for a quick reply Lynda. In that case I will contact their customer relations department and see if they are prepared to make me a gesture of goodwill in any form. As a Star Alliance frequent flyer through United it may just be worth a try.
Nice result of yours with United BTW!Just broke, even.0 -
Hi nickbeee,
Thanks was hard work to start with but got loads of help of the people in the know on this forum.
Lynda x0 -
I booked a flight via the American Airlines Website for one of their flights at around 6:45pm on a Friday night, for a flight the following day, Saturday at 12pm. It was for a flight from Heathrow to Los Angeles.
I saw a Ticket Pending confirmation page at the end of the booking - as normal - at the end of the booking process, and it said my confirmation would be emailed to me shortly. I was due to go out that night so left work almost immediately after printing the confirmation page, and closed my email thinking the emailed was slightly delayed, as again, Ive experienced in the past.
However at 12:30am on the Sat morning, just as I was packing, I received an automated call from AA stating the flight had been cancelled and would I accept a flight to leave on the Sunday, with a long stop over in Miami, meaning I wouldnt get to LA till the early hours on Monday morning. I hung up without leaving my decision (there was no option to speak to anyone!) and skyped my husband who was in LA. He called AA who confirmed they had not taken any money from me, and true enough I checked my emails and saw no email confirming the ticket had been sent, and money not taken. Due to my timescale I could not accept the later option, and had to rebook with another airline, which by this point cost twice as much as my AA ticket (all other airlines had naturally increased their prices by this point).
Our call to AA confirmed that they had made the decision to cancel the flight at 6pm UK time, so therefore they had taken my booking KNOWING that the flight wasnt happening, presumably hoping Id simply accept the option to arrive nearly 48hrs later! Does anyone know my rights? Do you think it might be possible to at least recover the price difference?
Many Thanks,
El0 -
I booked a flight via the American Airlines Website for one of their flights at around 6:45pm on a Friday night, for a flight the following day, Saturday at 12pm. It was for a flight from Heathrow to Los Angeles.
I saw a Ticket Pending confirmation page at the end of the booking - as normal - at the end of the booking process, and it said my confirmation would be emailed to me shortly. I was due to go out that night so left work almost immediately after printing the confirmation page, and closed my email thinking the emailed was slightly delayed, as again, Ive experienced in the past.
However at 12:30am on the Sat morning, just as I was packing, I received an automated call from AA stating the flight had been cancelled and would I accept a flight to leave on the Sunday, with a long stop over in Miami, meaning I wouldnt get to LA till the early hours on Monday morning. I hung up without leaving my decision (there was no option to speak to anyone!) and skyped my husband who was in LA. He called AA who confirmed they had not taken any money from me, and true enough I checked my emails and saw no email confirming the ticket had been sent, and money not taken. Due to my timescale I could not accept the later option, and had to rebook with another airline, which by this point cost twice as much as my AA ticket (all other airlines had naturally increased their prices by this point).
Our call to AA confirmed that they had made the decision to cancel the flight at 6pm UK time, so therefore they had taken my booking KNOWING that the flight wasnt happening, presumably hoping Id simply accept the option to arrive nearly 48hrs later! Does anyone know my rights? Do you think it might be possible to at least recover the price difference?
Many Thanks,
El
Please post on the Flight delay compensation, US and Canadian Airlines thread.
I suspect that, if you read the small print, you may find that they don't regard you as having booked. Not sure what the relevant law says about the conclusion of a booking and the point at which that occurs (which might be payment).0 -
As they did not confirm the booking (only pending) or take money then you never had a flight positively booked or paid for so no compensation due0
Categories
- All Categories
- 343.3K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.3K Work, Benefits & Business
- 608.1K Mortgages, Homes & Bills
- 173.1K Life & Family
- 248K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards