Flight delay compensation, US and Canadian Airlines

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Comments

  • jillsa
    jillsa Posts: 152 Forumite
    lyndac40 wrote: »
    Hi everyone.

    I have got an update for you all re my claim for compensation due to flight delay.

    I have just spoken to a lovely lady in United Arlines Customer care, seem I have wasted my time sending a recorded delivered letter to their London address as they only take complains via their customer care email address which is very hard to do unless you have your mileage plus number. However a case has now been set up for me I have to give them 30 days to respond. She seemed to think that although our flight was delayed by just 137 this is all the EC Regulation 261/2004 would deal with, the fact the we did not reach our final destination till 16 hours later than when we should have this has nothing to do with EC Regulation 261/2004 and therefore nothing to do with them. I know this is wrong.

    I forgot to say the reason for the delay was late turn due to engine start what ever that means.

    I will wait for the email from them to arrive and keep everyone posted.


    Lynda x

    Any chance you could PM me the email address, please?

    Many thanks
    J
    Jillsa
  • lyndac40
    lyndac40 Posts: 463 Forumite
    First Anniversary Combo Breaker First Post
    jillsa wrote: »
    Any chance you could PM me the email address, please?

    Many thanks
    J

    Hi Jillsa,

    I didnt have the email address sorry I phoned and spoke to customer care and she sent the email for me. Number is 0845-607-6760, I am not sure if this is the right email address but I found this on United Airlines web site, http://www.united.com/web/en-US/content/Contact/customer/default.aspx I hope this helps you the lady in customer care was very nice and very helpful if you want to get in touch with them.

    Lynda x
  • lyndac40
    lyndac40 Posts: 463 Forumite
    First Anniversary Combo Breaker First Post
    Hi everyone,

    Got a reply from United airlines in post today,


    Dear Mrs ******

    Thank you for contacting United Airlines Customer Care department regarding your travel with us. We sincerely regret the inconvenience you experienced when your flight UA3242 was delayed for 1 hour and 93 minutes on June 23, 2010.

    It is my understanding that you are requesting cash compensation under EU261 Regulation. If i may refer you to the text of the Regulation, Article 6.1c states that compensation is applicable to delays of 3 hours or more for all flights over 3,500km. Therefore, since your flight was delayed for 1 hours and 93 minutes, I must respectfully decline your request for cash compensation.

    In appreciation for your patience during this delay, we have enclosed electronic travel certificates. They are valid for one year from the date of issue towards the purchase of a ticket on United or United Express operated flights for the passenger of your choice.

    Your continued confidence in United to provide safe and reliable transportation and exemplary customer service is essential to us. We appreciate your understanding and look forward to welcoming you on board a flight in the near future.

    Sincerly


    Customer Care Manager



    This reply is just as I thought it would be they have totally ignored the fact that the delay caused us to miss our connection flights and we reached our destination 16 hours late. The good thing is they have not quoted extraordinary circumstances.

    Any advice on what I should do next would be greatly appreciated.


    Lynda x
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    lyndac40 wrote: »
    Hi everyone,

    Got a reply from United airlines in post today,


    Dear Mrs ******

    Thank you for contacting United Airlines Customer Care department regarding your travel with us. We sincerely regret the inconvenience you experienced when your flight UA3242 was delayed for 1 hour and 93 minutes on June 23, 2010.

    It is my understanding that you are requesting cash compensation under EU261 Regulation. If i may refer you to the text of the Regulation, Article 6.1c states that compensation is applicable to delays of 3 hours or more for all flights over 3,500km. Therefore, since your flight was delayed for 1 hours and 93 minutes, I must respectfully decline your request for cash compensation.

    In appreciation for your patience during this delay, we have enclosed electronic travel certificates. They are valid for one year from the date of issue towards the purchase of a ticket on United or United Express operated flights for the passenger of your choice.

    Your continued confidence in United to provide safe and reliable transportation and exemplary customer service is essential to us. We appreciate your understanding and look forward to welcoming you on board a flight in the near future.

    Sincerly


    Customer Care Manager


    This reply is just as I thought it would be they have totally ignored the fact that the delay caused us to miss our connection flights and we reached our destination 16 hours late. The good thing is they have not quoted extraordinary circumstances.

    Any advice on what I should do next would be greatly appreciated.


    Lynda x

    Assuming what I am going to write next is correct, I personally I would write them a NBA letter - to their United HQ in London copied to whichever email address you are using in your correspondence.

    I believe that the Folkerts judgement of February this year means that, if your ticket was from a UK airport through to Chicago (connecting in Newark) then you are entitled to compensation.

    This judgement concluded:

    Article 7 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 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, given that the compensation in question is not conditional upon there having been a delay at departure and, thus, upon the conditions set out in Article 6 having been met.


    But others with a better understanding of the law will be able to confirm or contest this.
  • lyndac40
    lyndac40 Posts: 463 Forumite
    First Anniversary Combo Breaker First Post
    edited 4 May 2013 at 4:27PM
    Vauban wrote: »
    Assuming what I am going to write next is correct, I personally I would write them a NBA letter - to their United HQ in London copied to whichever email address you are using in your correspondence.

    I believe that the Folkerts judgement of February this year means that, if your ticket was from a UK airport through to Chicago (connecting in Newark) then you are entitled to compensation.

    This judgement concluded:



    But others with a better understanding of the law will be able to confirm or contest this.

    Hi vauban,

    Thank you for your reply. This is the problem I don't have an email address for the office in London. Their head office is in Chicago and the letter I received this morning was sent from Houston Texas.

    Yes that was my understanding as well. I knew when I spoke to the lady at United I knew they were going to totally ignore the fact that we were 16 hours late in reaching our destination.

    What made me laugh was the 1 hour and 93 minute delay time now I am not the best at maths but anyone can see that makes 2 hours and 33 minutes delayed. Still not 3 hours but because of this the knock on effect made us delayed by 16 hours.

    Oh and just a to let everyone know Flightstates said the flight was delayed by 1 hour 37 minutes. So if your not sure about the delay time check with the airline that extra hour could make a big difference to some ones claim.

    Lynda x
  • lyndac40
    lyndac40 Posts: 463 Forumite
    First Anniversary Combo Breaker First Post
    Hi vauban,

    Does this sound ok or do u think i need to add anything else.

    United House Building 451,
    Southern Perimeter Road
    London Heathrow Airport
    Hounslow
    TW6 3LP

    Delayed Flight Compensation - Notice before Action
    Flight number: UA3242
    Date:
    Booking Ref: RCMXT6
    Passenger names: Mrs XXXXX, Mr XXXXX, Mrs XXXXX, Master XXXX
    Amount claimed: 600 euros per passenger total 2400.00 euros

    Thank you for your reply dated 26/4/2013.

    Yes our flight was only delayed for 2 hours and 33 minutes and this is not covered by the EU261 article 6 but United have ignored the fact that we were 16 hour late in reaching our final destination. I am aware that judgement has been handed down in the current ECJ EC) No 261/2004 – Articles 6 and 7 – Connecting flight(s)case (C-629/10) on October 23rd 2012.

    So I am again writing to you to lodge my claim for delayed flight compensation. Our flight (detailed above) was delayed leaving Edinburgh 1 hour 93 minutes and we arrived in Newark NJ late. This caused us to miss our connecting flight Number UA 7460 to Chicago O’Hara and also our connecting flight Number UA 6918 to Lansing City. We should have arrived in Lansing at 21.38pm on the 23/06/2010 because of the delay we did not land in Lansing until 24/06/2010 causing a 16 hour delay in us reaching our destination.


    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

    Do u think I should just send it to the email address I have in America.

    Thank you again for your help x
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    Others might want to confirm that I am reading Folkerts right, but if I am I would send something along the following lines, dropping the reference to Sturgeon (which doesn't address the point United are making). I would send a paper copy to the London HQ, and another to whoever you've been corresponding to in their customer services.

    United House Building 451,
    Southern Perimeter Road
    London Heathrow Airport
    Hounslow
    TW6 3LP

    Delayed Flight Compensation - Notice before Action
    Flight number: UA3242
    Date:
    Booking Ref: RCMXT6
    Passenger names: Mrs XXXXX, Mr XXXXX, Mrs XXXXX, Master XXXX
    Amount claimed: 600 euros per passenger total 2400.00 euros

    Thank you for your reply dated 26/4/2013.

    Your letter is incorrect to assert that we were only delayed by 2 hours and 33 minutes on this flight. We were ticketed from Edinburgh through to Lansing. But because of the delay incurred during the Edinburgh to Newark leg, our subsequently directly connecting flights were missed, which resulted in us arriving at our final destination 16 hours late.

    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".

    I must therefore insist that United either settle my claim in full or provide a full defence to my claim within the next 14 days. If you fail to do so, I reserve the right to issue legal proceedings without further notice.

    Yours sincerely
  • lyndac40
    lyndac40 Posts: 463 Forumite
    First Anniversary Combo Breaker First Post
    Hi vauban

    Thank you for that.

    When I sent my first letter to London I gave the 14 day to reply as they had not replied I called them. I was told they do not take complaints by post you have to do it by email. The lady I spoke to did this for me while I was on the phone. This is where I am stuck because if they don't pay my claim I do intend to take them to court. Maybe I am getting ahead of my self here but I do want to be prepared. I will send one via the email address and one to the person who sent me the letter.

    Thanks again for your help

    Lynda x
  • lyndac40
    lyndac40 Posts: 463 Forumite
    First Anniversary Combo Breaker First Post
    Hi everyone,

    Just found this email address for Anne Seeley Customer care manager of United Airlines. anne.seeley@united.com I hope this can help anyone who has a claim against them.

    Lynda
  • Al1x
    Al1x Posts: 1,653 Forumite
    First Post First Anniversary Combo Breaker
    How long should I wait for a reply from Delta?

    I sent my letter 15 working days ago now but not heard anything yet. What is the next stage?
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