Flight delay compensation, US and Canadian Airlines

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  • romanby1
    romanby1 Posts: 294 Forumite
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    lyndac40 wrote: »
    Hi Jillsa,

    I think from the email I got on Thursday they are getting ready to settle out of court hopefully. Will see if I get any response to the email I sent back within the next couple of days.

    Lynda x
    You ere entitled to cash. $1000 in vouchers cost them a lot less than the Sterling equivalent. Also what compensation are you entitled to. I would insist on the full value dependent on the length of delay and distance etc.
  • lyndac40
    lyndac40 Posts: 463 Forumite
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    Hi romandy,

    Yes I have emailed them saying I am not accepting the vouchers, 4 x 600 euros each plus interest plus court fees.

    lynda x
  • lyndac40
    lyndac40 Posts: 463 Forumite
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    Hi Everyone,

    This is the reply from United Airlines to the email I sent on Thursday.

    Thank you for your swift response.



    This case is more complicated. The Folkers case you are quoting involved a Community carrier – Air France. United Airlines is a non Community carrier, and the delay over 4 hours occurred on the US territory, and not in the European Union; therefore, there is no jurisdiction for the EU261 applicability. We maintain that cash compensation under the EU261 Regulation is not applicable because the delay over 3 hours occurred in a non EU city on a flight operated by a non-Community carrier. The Regulation states that Article 7 is applicable to non Community carriers departing out of an EU member state only.



    Also, in the Emirates v Schenkel case (C-173/07), the ECJ decided that "the concept of ‘flight’ within the meaning of Regulation No 261/2004 must be interpreted as consisting essentially in an air transport operation, being as it were a ‘unit’ of such transport, performed by an air carrier which fixes its itinerary". This would imply that EC Regulation 261/2004 would not apply to the flight from Newark, as this flight did not originate from the EU (see article 2, §1 of EC Regulation 261/2004) and that, as a consequence, no compensation would be due.



    I am offering each member of your family a $1,500.00 travel certificate to settle this case. I hope we can reach an agreement.


    Any thoughts????

    Lynda x
  • stavros42
    stavros42 Posts: 98 Forumite
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    lyndac40 wrote: »
    Hi Everyone,

    This is the reply from United Airlines to the email I sent on Thursday.

    Thank you for your swift response.



    This case is more complicated. The Folkers case you are quoting involved a Community carrier – Air France. United Airlines is a non Community carrier, and the delay over 4 hours occurred on the US territory, and not in the European Union; therefore, there is no jurisdiction for the EU261 applicability. We maintain that cash compensation under the EU261 Regulation is not applicable because the delay over 3 hours occurred in a non EU city on a flight operated by a non-Community carrier. The Regulation states that Article 7 is applicable to non Community carriers departing out of an EU member state only.



    Also, in the Emirates v Schenkel case (C-173/07), the ECJ decided that "the concept of ‘flight’ within the meaning of Regulation No 261/2004 must be interpreted as consisting essentially in an air transport operation, being as it were a ‘unit’ of such transport, performed by an air carrier which fixes its itinerary". This would imply that EC Regulation 261/2004 would not apply to the flight from Newark, as this flight did not originate from the EU (see article 2, §1 of EC Regulation 261/2004) and that, as a consequence, no compensation would be due.



    I am offering each member of your family a $1,500.00 travel certificate to settle this case. I hope we can reach an agreement.


    Any thoughts????

    Lynda x
    Doesn't matter which carrier it is, it's origin was in the EU.
    The delay was in the EU causing a knock on delay in the US on a through ticket.

    $4000 to $ 6000 is a big jump over the weekend, saying they are not sure or they wouldn't be offering you it. It's a big carrot to dangle in front of you.
  • lyndac40
    lyndac40 Posts: 463 Forumite
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    Hi Centipede,

    What is all that stuff she is spraffing about. I cant find any information about what she is saying about non Eu carriers.

    Lynda x
  • stavros42
    stavros42 Posts: 98 Forumite
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    lyndac40 wrote: »
    Hi Centipede,

    What is all that stuff she is spraffing about. I cant find any information about what she is saying about non Eu carriers.

    Lynda x
    That's what she is doing Lynda, trying to confuse you with a load of Nonsense. If you didn't have a leg to stand on they would offer you Zero.
  • lyndac40
    lyndac40 Posts: 463 Forumite
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    Hi Stavros

    So she is basically talking C*** then. Need to email her back any suggestions as to what I should write.

    Lynda x
  • lyndac40
    lyndac40 Posts: 463 Forumite
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    Hi Centipede,

    That made me laugh thanx,

    Lynda x
  • lyndac40
    lyndac40 Posts: 463 Forumite
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    HI everyone,

    This is my reply to that stupid email from United.

    Thank you again for your kind offer of $1500 in travel vouchers.

    It makes no difference that my 3 hour delay was outside the EU. Our first flight was within the EU (Edinburgh) and this is where the delay happened. This caused us to miss our connecting flight which was in the USA, but if our flight from Edinburgh had been on time we would not have missed our connecting flight. Causing us a 16 hour delay in reaching our final destination. United Airlines were a non EU carrier leaving an EU member state. So there for The Folkers case and the EU261/2004 are applicable.

    The only way I am willing to settle this matter out of court is for full payment of 4x 600 Euros for the 4 passengers who were delayed and court costs. I am willing to drop the interest charges. I would like this money paid by Bank transfer on or before the 8th July 2013 or I will be proceeding with the court process.

    I look forward to your reply
  • Vauban
    Vauban Posts: 4,736 Forumite
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    lyndac40 wrote: »
    HI everyone,

    This is my reply to that stupid email from United.

    Thank you again for your kind offer of $1500 in travel vouchers.

    It makes no difference that my 3 hour delay was outside the EU. Our first flight was within the EU (Edinburgh) and this is where the delay happened. This caused us to miss our connecting flight which was in the USA, but if our flight from Edinburgh had been on time we would not have missed our connecting flight. Causing us a 16 hour delay in reaching our final destination. United Airlines were a non EU carrier leaving an EU member state. So there for The Folkers case and the EU261/2004 are applicable.

    The only way I am willing to settle this matter out of court is for full payment of 4x 600 Euros for the 4 passengers who were delayed and court costs. I am willing to drop the interest charges. I would like this money paid by Bank transfer on or before the 8th July 2013 or I will be proceeding with the court process.

    I look forward to your reply

    Excellent! Go for it Lynda! (Though $6000 in vouchers is a pretty good deal too ...)
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