Flight delay compensation, US and Canadian Airlines

JPears

As long as they were all booked on one ticket ie your ticket states the final destination, and they were all with the same ailine, you maybe due comepnsation. It depends on the reason for dealy.
It also depends on wether Emirates appeal an appeal that they lost at the CoA several weeks ago. This calrified your possible entitlement to compensation.
Search on here for Gahan case.

Timothea

Lw2210 wrote: »

So i booked flights to canada last xmas through air canada we had 2 more connecting flights once we arrived all booked at the same time on the same ticket. We missed one flight ended up at our final destination over 8 hours late. Now air canada are saying we aren't entitled to compensation as the internal flights weren't within the EU regulations? I thought as the flights were all booked as one booking it didn't matter? Ive stated this to them but they still just keep saying about the interal flights not being in the EU. I'm not sure what to say to hem next? Any help would be much appreciated.

You mention two connecting flights. Assuming your flight originated in the UK and the first leg was a direct flight to Canada, where did the delay occur? EU compensation would only be payable if the final delay was caused, at least in part, by a delay in the flight leaving the UK. So, if the delay was caused by a problem on the second or third leg in Canada, then EU compensation might not apply.

Canada has its own passenger compensation scheme, which is much more restrictive, but you may be able to obtain some compensation under that scheme. There is an easy online application process via the Canadian Transportation Agency here:

https://services.otc-cta.gc.ca/eng/air-travel-complaints

Bean_Counter

Hi, I was hoping that someone could provide some advice on my specific circumstances with United Airlines.

Booked a flight through a UK travel agent from Edinburgh to the US. There was a further connecting flight internally in the US. When we arrived to check in at Edinburgh we were told that the connecting flight had been cancelled due to bad weather so they had rebooked us for both flights to the following day. This was not acceptable as we had things planned for the following day. After a lot of phone calls of faffing around we were rebooked on different flights with United at no extra cost and arrived at our destination, albeit half a day late.

Our flight was not cancelled or delayed but United in their wisdom cancelled our original seats but got us to the final destination half a day late. United say that we are not entitled to compensation but my question is are we?

Thanks in advance.

JPears

Welcome Bean.
Your posting is too vague and confused.
Ideally we need details of all the the flights, which were cancelled and why etc.
Thanks

Bean_Counter

JPears wrote: »

Welcome Bean.
Your posting is too vague and confused.
Ideally we need details of all the the flights, which were cancelled and why etc.
Thanks

Apologies for any confusion.

The original plan was as follows. Flight number 1 Edinburgh to Newark. Flight number 2 Newark to Memphis.

Flight 2 is cancelled by United due to bad weather (I know no compensation for that as internal US flight.) Flight 1 is unaffected by weather etc. United apparently cancel both flights for us so that we are not left at Newark with no connecting flight. United have rebooked us on both flights for the following day.

We arrive at Edinburgh airport to find no flights for us until the following day which is no good to us. After some lies from United and many phone calls, we miss flight 1 because United had cancelled our original seats until the following day. In the end United book us on a later flight on the same day as we intended to travel from Edinburgh to Newark, then Newark to Chicago and finally Chicago to Memphis.

The end result was that we arrived in Memphis on the same day as we intended, albeit many hours later than planned and very stressed.

Hope that's a bit clearer!

Caz3121

I guess the alternative would be that they let you travel from EDI-EWR and you would have been stuck in EWR until there was an alternate flight. (noting that most US airlines don't cover hotel accommodation etc outside the EU if it is weather related)..it does sound like a better result to have rebooked you at source

JPears

bumped up due to number of individual threads...

sophie131

Hi! Hoping for some advice about a flight delay in 2015 which I have only now realised I possibly should have argued a bit more about at the time after someone told me they think it should be covered.

We flew on American Airlines from UK>ORD then ORD>MIA.
It was a through ticket.
The UK flight was delayed for 2 hours as they were short staffed and had to bus staff from a different airport. We missed our connection and were put up in a hotel overnight and arrived in MIA around 12 hours late.

I wrote to AA following the advice on this forum and they came back with:
'Further since the United States is not a member state within the European Union and American Airlines is not a community carrier, we are not required to adhere to the rules of the EU for flights between cities within the United States unless directly connecting. Your flight from London was not a directly connecting flight; as the passengers had to pass through United States Immigration and re-check luggage in Chicago; therefore, no compensation under the EU Regulation No. 261/2004 is due.'

They did however give us airline miles 'In appreciation for your constructive criticism and in an effort to make amends'.

Firstly, should this have been covered (for future reference as I fly on connecting flights a lot!) and secondly, do I still have any recourse or because they gave us air miles does this now cancel our right for compensation?

Thanks for any help!

Timothea

If the delay was caused by AA's failure to ensure that the first flight left the UK in time to catch your connecting flight then you can claim EU compensation based on the total distance travelled and the delay in reaching your final destination (Miami).

AA's argument that "Your flight from London was not a directly connecting flight ..." is a red herring. This exception would only apply if you had separate bookings/tickets for each leg or there was a scheduled stopover in Chicago.

However, if you accepted any form of compensation for the delay from AA then (depending on the terms of the offer) you may have invalidated your claim for EU compensation.

Please note that, following a recent court case in Germany, EU compensation probably does not apply if the original cause of the material delay occurred outside the EU's jurisdiction, e.g. if the first leg arrived in time for your connecting flight but something then happened to delay your arrival at your final destination.

JPears

The connecting flight outside of the EU where it originated in the EU has also been confirmed in English courts - Court of Appeal, Oct 17 against Emirates.
Although they maybe seeking leave to appeal.