Flight delay compensation, US and Canadian Airlines

lyndac40

brewer wrote: »

Hi Lynda,
firstly, major congrats on your successful outcome!

Just a quick request, I was delayed on a UNITED flight last Monday (29 Jul), which was originally due to depart @ 09:00 from Birmingham (UK) to Newark, and then onto Austin, Texas.

After multiple delay updates (11:00, 13:00, 14:00), eventually UNITED announced the flight was cancelled due to a technical fault.

Cutting a long story short, I am about to commence a claim. Could you advise, should I email or write to them at a physical address (I saw the UK Customer service address at Heathrow, but no US contact/address)?

I would prefer the convenience and speed of email, but I do not have the address (other than the lady anne.seeley whom you mentioned in an earlier post). Do you have an email contact?

MANY THANKS in advance for anything you can offer. On the face of it, my case would (hopefully) seem more straightforward!

Mark

Hi Mark

Yes gallaghb is correct the best way to do it by email and then through their customer service link on their web site, they will write back to you by post. I emailed anne seely and did not receive any reply from her what so ever. I did not get an email address of them that i could answer until My court papers were served on them. I am sorry but I had to sign a form that said I would not pass on any information about this before they would pay out the money.

Sorry gallaghb,

For some reason I thought you lived in Scotland.

Lynda x

gallaghb

I've now submitted the claim via mcol, will update on the case here. Thanks for everyone's help so far.

lyndac40

Hi Gallaghb,

Good luck,

Lynda x

Al1x

I have finally had a reply!!!


This is what they have said in their email.

"Your flight was delayed in New York as a result of air traffic control restrictions. According to our records the flight DL149 departed late, but arrived on time. However it had to wait at the tarmac until a gate was available. We took all the reasonable measures we could under these particular circumstances and every effort was made in order to offer you and your party the best possible care and assistance.

According to EU recommendations, airline passengers are entitled to compensation in case of delays longer than 3 hours - unless the delay was caused by extraordinary circumstances over which we could not exercise any influence.

We have carefully reconsidered your request and taken into account all relevant details for your delayed flight. Consequently, we confirm that the delay to the flight in question was less than 3 hours and so I must respectfully decline your request once more. This is in accordance with the European Union regulation which does not applies to flights that operate outside Europe that was the case of your connecting flight to Cincinnati. I understand that due to the delay of your flight DL149 you and your party missed your connecting flight, however the connecting flight was in the USA and the EU regulation rules does not apply on this instance."


Any ideas of where I can go from here?

I was under the impression that if both flights are booked at the same time (as if it was one flight) then EU regulation rules do apply.


One thing they said there that really annoyed me is 'every effort was made in order to offer you and your party the best possible care and assistance' I won't bore anyone with the story but if we had felt cared about then I wouldn't be pursuing this claim!

lyndac40

Al1x wrote: »

I have finally had a reply!!!


This is what they have said in their email.

"Your flight was delayed in New York as a result of air traffic control restrictions. According to our records the flight DL149 departed late, but arrived on time. However it had to wait at the tarmac until a gate was available. We took all the reasonable measures we could under these particular circumstances and every effort was made in order to offer you and your party the best possible care and assistance.

According to EU recommendations, airline passengers are entitled to compensation in case of delays longer than 3 hours - unless the delay was caused by extraordinary circumstances over which we could not exercise any influence.

We have carefully reconsidered your request and taken into account all relevant details for your delayed flight. Consequently, we confirm that the delay to the flight in question was less than 3 hours and so I must respectfully decline your request once more. This is in accordance with the European Union regulation which does not applies to flights that operate outside Europe that was the case of your connecting flight to Cincinnati. I understand that due to the delay of your flight DL149 you and your party missed your connecting flight, however the connecting flight was in the USA and the EU regulation rules does not apply on this instance."


Any ideas of where I can go from here?

I was under the impression that if both flights are booked at the same time (as if it was one flight) then EU regulation rules do apply.


One thing they said there that really annoyed me is 'every effort was made in order to offer you and your party the best possible care and assistance' I won't bore anyone with the story but if we had felt cared about then I wouldn't be pursuing this claim!

Hi Al1x,

Yes you are correct it makes no difference that your connecting flight was outside the EU. Your delay was caused by your 1st flight being late therefore missing your connecting flight and yes if your ticket was booked as a straight through ticket it makes all the difference. I had the same response from United in one of there letters. If I was you I would send the NBA action letter give them 14 days then take them to court.

good luck keep us informed as to how your claim is going.#

Lynda x

amanda47

Anyone for an address for Delta please.

lyndac40

amanda47 wrote: »

Anyone for an address for Delta please.

Hi Amanda,

If you look on page one of this thread you will find an address in London for Delta Airlines.

lynda x

Al1x

kittykat15 wrote: »

Hi Al1x,
Have you had any luck with Delta yet? It seems I may have a valid claim against them (well Northwest originally but they merged with Delta in 2008) and I haven't a clue who to contact or where and would appreciate any information you can give.

Hi, well I have heard back from KLM by email (they said 'I would like to inform you that Air France and KLM handle Customer Care correspondence for Delta Air Lines in Europe') so it may be worth trying to contact them directly rather than going through Delta. Funny thing is though I only got a response from them after having a moan on their twitter about not getting a reply from my countless emails!

Al1x

lyndac40 wrote: »

Hi Al1x,

Yes you are correct it makes no difference that your connecting flight was outside the EU. Your delay was caused by your 1st flight being late therefore missing your connecting flight and yes if your ticket was booked as a straight through ticket it makes all the difference. I had the same response from United in one of there letters. If I was you I would send the NBA action letter give them 14 days then take them to court.

good luck keep us informed as to how your claim is going.#

Lynda x

Thanks Lynda,

Is there a template for a NBA letter? also should I be complaining to the CAA?


edit: I found this NBA letter.. i wasn't looking hard enough lol
http://forums.moneysavingexpert.com/showpost.php?p=57059483&postcount=2321

Al1x

Just drafting my letter.

Does this sound ok?

---

Delayed Flight Compensation - Notice before Action
Flight number: DL149
Date: 25/06/2011
Booking Ref: XXXXXX
Passenger names: Mrs KXX, Mr KXX, Miss KXX, MR PXX, Mrs PXX, Miss PXX, Miss PXX, Miss PXX

Amount claimed: 600 euros per passenger total 4800.00 euros

Thank you for your reply dated 07/08/2013.

Your letter was incorrect in stating that the EU regulation rules do not apply on this instance.

You will be aware of the recent judgement in the Grand Chamber of the European Court (Folkerts v Air France) that confirmed that Article 7 of Regulation (EC) No 261/2004 "must be interpreted as meaning that compensation is payable, on the basis of that article, to a passenger on directly connecting flights who has been delayed at departure for a period below the limits specified in Article 6 of that regulation, but has arrived at the final destination at least three hours later than the scheduled arrival time".


So I am again writing to you to lodge my claim for delayed flight compensation. Our flight (detailed above) left Heathrow and arrived at JFK 23 minutes late missing the slot at arrivals, so we were left on the tarmac for well over another hour. This meant we missed our connecting flight to Cincinnati. Because of the delay we did not land in Cincinnati (our final destination) until the next afternoon, around 18 hours late.


Should you neither settle my claim in full nor provide a full defence to my claim within the within 14 days, I reserve the right to issue legal proceedings without giving you further notice in writing.

I look forward to hearing from you.

Yours sincerely

---

I'm trying to find something that confirms that if both flights are booked at the same time (as if it was one flight) then EU regulation rules do apply. Can anyone help with that?

Thanks