upsmd11
Topic Author
Posts: 643
Joined: Sat May 17, 2003 10:56 am

EU 261/2004 Rule

Fri Nov 02, 2012 7:56 pm

Hi all,

Has anybody had luck in getting an American airline to pay compensation for a severely delayed flight under the EU 261/2004 rule? I know it's not fully in force but it seems like it is about to be and airlines could be subject to payments of all claims within the appeals timeframe.

We were delayed over 7 hours yesterday and feel this would be a good deal to get the compensation.

John
 
michman
Posts: 615
Joined: Sat Dec 23, 2006 9:51 am

RE: EU 261/2004 Rule

Fri Nov 02, 2012 8:33 pm

What was the route and reason for delay? Was it related to Hurricane Sandy?
 
marky
Posts: 168
Joined: Tue Nov 25, 2003 6:16 am

RE: EU 261/2004 Rule

Fri Nov 02, 2012 11:32 pm

Quoting upsmd11 (Thread starter):
it's not fully in force

Not sure what you mean by this - there has been some 'difference of interpretation' over whether delays are covered in the same way as cancellations but this was recently clarified by the Court of Justice of the European Union who have confirmed that long delays are treated in a similar way to cancellations.

US carriers are covered for flights to/from the EU just the same as anyone else. Delays due to 'extraordinary circumstances' are not covered though, so as michman is probably suggesting if it is related to Hurricane Sandy the airline will not be liable for compensation.

You don't say which EU country you were flying from, but the CAA's guidance may help.

http://www.caa.co.uk/default.aspx?catid=2211&pageid=14023
 
flyingalex
Posts: 623
Joined: Fri Jul 16, 2010 1:32 pm

RE: EU 261/2004 Rule

Fri Nov 02, 2012 11:59 pm

Quoting marky (Reply 2):
US carriers are covered for flights to/from the EU just the same as anyone else.

This is not quite correct.

You are covered by 261/2004 on flights FROM the EU regardless of where your airline is based.

On flights TO the EU, you are only covered by 261/2004 if your airline is based in the EU.

So in other words, if you fly from FRA to IAD on United or Lufthansa, either airline is liable for compensation if your delay meets the criteria.

If you fly from IAD to FRA, EU compensation regulations would apply to flights on Lufthansa, but not to flights on United.
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marky
Posts: 168
Joined: Tue Nov 25, 2003 6:16 am

RE: EU 261/2004 Rule

Sat Nov 03, 2012 12:38 am

flyingalex

You are quite correct - shouldn't post in a rush!

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