Flight delay compensation, US and Canadian Airlines

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  • duchy
    duchy Posts: 19,511
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    lyndac40 wrote: »
    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 xxx

    I disagree - try reading back a page and you'll see opinion is divided .
    As the poster is a UA FF they'll no doubt have had a few thousand miles thrown at their account but the law is unclear as to if arrival time at final ticketed point is included or not so it would be helpful if you didn't quote as fact something that actually is still up for debate and people have won in court on this basis. On the facts given by the OP there's a good chance a small claims case would have had success.
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  • duchy
    duchy Posts: 19,511
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    Vauban wrote: »
    Actually, given the definitive nature of this reply, I believe that an NBA is not necessary and you may proceed to court action directly, if you think you have a case.

    To pick up on this.....as the reply was from KL as they handle CS issues for Delta - and it's Delta I'd be taking to court-My feeling that a LBA to Delta's UK administrative address in the UK with copies of the KL emails may be advisable as it'll be Delta and not KL technically I'll be naming on the court papers. Don't want it chucked out or delayed on this administrative point.
    I Would Rather Climb A Mountain Than Crawl Into A Hole

    MSE Florida wedding .....no problem
  • lyndac40
    lyndac40 Posts: 463
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    Caz3121 wrote: »
    on a non-EU airline you are only covered on flights departing the EU
    duchy wrote: »
    I disagree - try reading back a page and you'll see opinion is divided .
    As the poster is a UA FF they'll no doubt have had a few thousand miles thrown at their account but the law is unclear as to if arrival time at final ticketed point is included or not so it would be helpful if you didn't quote as fact something that actually is still up for debate and people have won in court on this basis. On the facts given by the OP there's a good chance a small claims case would have had success.

    I was quoting Caz3121 as above. I have not heard of anyone having any success in court with a non EU airline in a non EU airport.

    Lynda x
  • lyndac40
    lyndac40 Posts: 463
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    nickbeee wrote: »
    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.

    It does not say anywhere on this post that they are UA FF X

    Lynda x
  • nickbeee
    nickbeee Posts: 66 Forumite
    lyndac40 wrote: »
    It does not say anywhere on this post that they are UA FF X

    Lynda x
    In my reply to you in 322 ;)
    Just broke, even.
  • nickbeee
    nickbeee Posts: 66 Forumite
    duchy wrote: »
    I disagree - try reading back a page and you'll see opinion is divided .
    As the poster is a UA FF they'll no doubt have had a few thousand miles thrown at their account but the law is unclear as to if arrival time at final ticketed point is included or not so it would be helpful if you didn't quote as fact something that actually is still up for debate and people have won in court on this basis. On the facts given by the OP there's a good chance a small claims case would have had success.

    Thanks for your opinion on this. I've yet to take this up with United. I'll re-read the earlier posts on this thread but as I read it only the MAN - PHL part would have been covered. Worth starting an email dialogue with them or a letter to their UK address?
    Just broke, even.
  • lyndac40
    lyndac40 Posts: 463
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    Hi nickbeee,

    Sorry I never seen that bit. When I first started my claim against united I wrote to their office in Chicago which was totally ignored. I then wrote to their office in London which was also ignored. I then phoned Chicago and was told that I had to go through their complaints form on their web site. I don't know if this is still the case but would probably start on their web site. The trouble with United is they did everything after that by snail mail. Until I started court proceedings then I finally got an email address.

    Good luck I hope this helps you.

    Lynda x
  • I'm new to this and hope I'm in the right place.
    Just spent 2 weeks in North/South Carolina and flew with US Airways. Due to return to UK on Sunday 20th.
    Before leaving the UK (2 weeks ago) I had 3 emails from the airline changing the flight numbers and times for the return flight from Charlotte.
    I phoned the airline on Sat 19th and got confirmation of actual flight number and time. I was given a confirmation number and told we were on that flight.
    We checked in our baggage and the airline operative helped with booking in etc and gave us boarding cards with seat numbers. The flight was delayed by one hour (I was informed of this before leaving UK). When trying to board we were told we were not booked on that flight. Eventually got on but our initial seats were at the front and they put us at the back.
    It took 20 minutes to get off the plane. We were still told we had plenty of time to get the connection. Ran like mad to new gate. Got there at 9.30 for take off at 9.50. The gate was already closed and the plane was full. Our bags were on that plane. We were offered a flight on Thursday. Totally unacceptable. Eventually given vouchers for a hotel (but no food vouchers) and put on a flight next day going via Brussels. I have severe rheumatoid arthritis, my steroids were in my case and I had run out of pain relief. Could not even sit next to my husband who helps with things like opening drink cans etc. My seat belt had fallen between the seats and I could not retrieve it. Are we entitled to compensation as the flight was not cancelled and we were at the gate before it was supposed to have closed.
    Thanks for your help.
  • David_e
    David_e Posts: 1,498
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    Ellemay wrote: »
    Are we entitled to compensation as the flight was not cancelled and we were at the gate before it was supposed to have closed.

    Vauban, a regular poster on the subject, said (referring, I assume, to the EU Regulation):

    http://forums.moneysavingexpert.com/showpost.php?p=64480788&postcount=370

    Whether you are due under any other law, I don't know.
  • Caz3121
    Caz3121 Posts: 15,533
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    Ellemay wrote: »
    I
    We checked in our baggage and the airline operative helped with booking in etc and gave us boarding cards with seat numbers. The flight was delayed by one hour (I was informed of this before leaving UK). When trying to board we were told we were not booked on that flight. Eventually got on but our initial seats were at the front and they put us at the back.
    It took 20 minutes to get off the plane. We were still told we had plenty of time to get the connection. Ran like mad to new gate. Got there at 9.30 for take off at 9.50. The gate was already closed and the plane was full.

    Can you confirm if this was on your outbound or return flight?
    If return and on a non-EU airline the EU compensation does not apply
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