EU rule 261/2004 Delta/Air France

gpduffy

(AF) Air France 3643
Operated by
DL 184
Departed
Arrived
(JFK) John F. Kennedy International Airport, New York, NY, US
(CDG) Charles de Gaulle Airport, Paris, FR
Landed - Delayed 217 minutes


Hi - I've tried compensation via Air France for the above flight from New York to Paris in 2012 -- it was a Delta ticket but operated by Air France.
Air France say that because its Delta I cant claim from US to EU, though they did point out I could have claimed from EU to US as Delta recognise this -- very strange .. advice please ?

Caz3121

EU compensation covers all airlines on flights departing from the EU
or EU airlines for flights from outside the EU to the EU
Your flight was operated by Delta and as a non-EU airline there is no EU compensation on flight departing outside the EU
all covered here https://forums.moneysavingexpert.com/discussion/5173888
It does not matter if you bought your ticket from AF and it had an AF flight number, it is the operating airline that counts

Your post is confusing as you mention
"it was a Delta ticket but operated by Air France."
but also "(AF) Air France 3643 Operated by DL 184"
You can see yourself on the AF website that the AF flight numbers are all low number eg AF009, AF011...the AF3xxx are the codeshare numbers for the Delta operated flights

Justice13075

Best advice give Bott & Co a call and ask them then you will know.

Caz3121

Justice13075 wrote: »

Best advice give Bott & Co a call and ask them then you will know.

they will just confirm that EU261 does not apply for delays on non-EU airlines unless they are departing from the EU

Alan_Bowen

Agreed, no claim on any US based airline returning to Europe.

Justice13075

Can I claim flight delay compensation if I was put onto a different airline?


This is the reply from Kevin Clarke of Bott & Co 22nd June 2015 on Youtube

A lot of airlines have alliances with other airlines which allow them to be flexible within their fleet so they might not necessarily be able to put you on their airline but a different aircraft, they might be able to put you on a brother or sister airline and get you to your final destination more than 3 hours late.

You would still be claiming against the person who you have a ticket with so if you have a ticket with an airline and they move you somewhere else, its not the people who you flew with, its the people you have your reservation with.


Right so couldn't that be interpreted as


You book with air France an EU airline they put you on a Delta aircraft non EU airline and they arrive over 3 hours late into an EU airport. Normally if you had booked with Delta there would be no claim but because you booked with Air France they are liable for the delay and as an EU airline they are liable for flight delay compensation.


Discuss

JPears

justice - many flights are codeshare - you book through one ailrine and get carried by another in partnership ie KLM/AirFrance/Delta or BA/Iberia. That should be made clear on the booking with the flight details.
If however, your flight/carrier is changed short notice, its possible there maybe a claim.
I think technically its the carrier that ultimately is responsible for any reg 261/2004 libility.
I guess see if Bott will take it on as a case.

Justice13075

This is in response to gpduffy's post I posted earlier about contacting Bott & co

Vauban

No Justice - you're misunderstanding what Bott is saying.

If you book a specific flight with an airline which is then cancelled or severely delayed, and that airline then reroute you on another airline, the liability for the compensation stays with the original airline who re-routed you.

If you book a codeshare flight then liability is with the operating air carrier, not the airline that sells you the ticket. (You can always tell, I think, when booking on an airline website when the flight belongs to another airline.)

PS Can anyone spot the error in the Bott answer

gpduffy

To clarify I booked with Delta, but the flight was definitely Air France

It was NYC > Paris, then Paris > Dublin.

As a result of the over 3 hour delay we missed the connecting flight and had to wait another 2 hours (the baggage showed up 3 days later )

JPears

So you flew on an Air France airplane from NYC to Paris? Then you have a claim. Air France are "mistaken"