Flight delay compensation, US and Canadian Airlines

ferrieralan

Hi all,

first time poster.

I have started a claim with delta using the resolver tool. was ignored for a while but have received a response after escalating in next stage of resolver tool.

the flight was from londong gatwick to cincinnati on 18th march 2009. flight was due to leave at 10am and we were continuously delyaed throughout the day. flight eventuallly cancelled at 4.30pm and we were put on the same flight the next day. so i suppose it is either a 24 hour delay or a cancellation.

anyway, i don't have the boarding passes or any email confirmtaion for the flight and have received this response from delta. Any advice on what i should do next? i know the flights were booked through thomson so i could ask them for copies of tickets etc, but they might not hold on file that long. Thanks in advance.

Hello Alan,

RE: Case Number 17422875

Thanks for your email to Richard. He's asked me to respond to you on his behalf. I'd like to review your concerns in detail. To do so, I need you to send me the ticket numbers associated with this travel, as I’m unable to locate your reservation with the information/dates you've provided.

Please reply to this email and I’ll get back to you as soon as possible.

Regards,

ReNae Ryan
Customer Solutions Specialist
Executive Correspondence

Vauban

You are out of time to bring a court case (6 years), so unfortunately I imagine the airline will ignore you - confident that there's nothing you can do.

Kristiang85

Hi,

I've had a look through the forums to see if there are similar questions but cannot find any so far (I'm on a tablet so browsing quickly is a nightmare)

I'm currently on a 13hr delay with American - my route was Dublin to sao paulopaulo via JFK. The Dublin to JFK leg was on time, but due to aircraft maintenance problems the second flight has been delayed by at least 13 hours (I'm still waiting!)

Does the fact that I started my itinerary in the EU mean I could be entitled to compensation under the act, or as its a non-eu airline with a us origin and Brazilian destination for the actual delayed flight mean its ineligible? It has caused me quite a bit of inconvenience - not to mention losing a day of my holiday - so some form of compensation would be nice. But I need to know whether to ask for the EU compensation or just my extra expenses for food and a taxi when I arrive (as I'm now arriving after the metro shuts)

Thanks for any help!

Caz3121

there are various posts about similar scenarios
there is no definitive answer as there has been no precedent set via court
the airlines will take the stance that the delay is wholly outside the EU so EU261 does not apply
The NWNF companies do not take on cases like this
Emirates state it has won many court cases on this so welcomes anyone to take them to court
I would expect any claim to be rejected and then you can decide whether you want to progress on the chance you find a judge that will think differently

buffer2212

Hi, I have used the guide to try to claim compensation for our flights from Belfast to Orlando with direct connection via Newark. These were all booked on one ticket. Our initial flight from Belfast to Orlando was delayed 143 minutes, we had no explanation as to why. This meant that we couldn't make our connection and we were rebooked onto a later one at our checkin in Belfast. We arrived at our final destination over 4hrs 15mins late.
I followed the guide and sent of a letter on behalf of all 8 passengers.
United refused to acknowledge that we were due compensation.
I wrote off a second time and again got the same reply.
I then contacted the Consumer Council Northern Ireland, who wrote to them on our behalf. Today the following reply came.

“Our records indicate flight 76 on June 1, 2015, was delayed 143 minutes and does not qualify for cash compensation under Regulation 261.”

Even though you booked the trip as one flight, United Airlines consider the Belfast to Orlando route as two separate flights and therefore the overall delay does not count.

Additionally, the Civil Aviation Authority has been previously consulted on this issue and their view, which has been provided to United Airlines, is that missed connections on directly connecting flights outside the European Union on a non-EU airline where the first flight was from the UK are within the scope of EC261/2004. Therefore compensation may be due depending on the circumstances which led to the disruption.

However, United Airlines takes the view that missed connections outside the European Union on a non-EU airline are not covered by EC261/2004 regardless of what caused the missed connection.

What should I do now. They caused the missed connection and no one else. How can United say they consider it as 2 seperate flights!!!!

regards
Buffer

Tyzap

buffer2212 wrote: »

[/I]
What should I do now. They caused the missed connection and no one else. How can United say they consider it as 2 seperate flights!!!!

regards
Buffer

Hi,

The regs are clear, it's the time that you arrive at your final destination that counts.

Read Vaubans guide, just Google it and download, and send a letter before action to start your claim and show that you are serious.

Other airlines have used the same argument but they know that if it gets as far as a court hearing the judge is more than likely going to support the regulations.

Good luck.

Caz3121

buffer2212 wrote: »

What should I do now. They caused the missed connection and no one else.

Have a read of Lyndac40s posts on this thread (starts post #29)...her situation was virtually the same and you can follow the 'journey'

the end result is in post #94...but you will see that you will likely need to write a number of letter and commence court proceedings before (hopefully) getting a result

htb

I am just about to start proceedings with the same issue, and I have the CAA letter to back me up.

buffer2212

Well I sent a NBA to United on 3 December and waited and waited until 5 January. The Post office tracking system stopped at Houston Texas sorting office. I contacted the post office tracking department, who got me to fill in an online compensation form, which would allow them to do a search. They e mailed me about a week later to say that the letter had got lost in transit!! I then sent another NBA on 1st February and I followed the tracking system eagerly. It was received by UNITED head office in Houston TX on 14th February. I am waiting patiently to hear back. Not sure how long I should give it though??:undecided.

Vauban

You should be writing to their UK offices, not their US ones. If you are going to take it to court, you need a serviceable UK address - and that's the one you should send your NBA to. Writing letters to Texas really isn't necessary.