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Thread: Flight Delay Compensation - Who To Claim From?

  1. #1
    Florida Chatterbox Dads_Taxi's Avatar
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    Flight Delay Compensation - Who To Claim From?

    Hi all, the family suffered an approximately 17 hour delay on a Manchester to Orlando flight via Philadelphia. The flights were booked with British Airways, but the flights were provided by American Airlines.
    We're trying to decide who to submit the delay compensation claims to. Any advice?

    Thanks,
    Dave.
    Dave.


  2. #2
    Florida Chatterbox Dads_Taxi's Avatar
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    Well, after posting my question I found the following advice on the Money Saving Expert site:

    "It's the operator of the flight which is responsible when things go wrong. So if, for example, you book with American Airlines but your flight is operated by British Airways, it's British Airways which is responsible for any problems. If the operator counts as an EU airline, then you can claim."

    So now my question is - does AA count as an EU airline??
    Dave.


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    I haven't read the full article or the context on MSE you have referred to but I would respectfully disagree with the conclusion that the operator should "count as an EU airline" to be liable. I am clear that the rule is that if the flight DEPARTS from an EU country then the nationality of the operator is irrelevant. It is only when a flight departs from outside the EU that there is a requirement that the operator is an "EU airline". So, for example, a BA or Virgin flight from the US to London is still covered by the regulation but if it was say AA or Delta, they could not be. I can back that up with the fact that I have myself made a successful claim against AA for a flight delay to Miami from Milan.


  4. #4
    Florida Chatterbox Dads_Taxi's Avatar
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    Many thanks KG, your explanation makes much more sense.
    Cheers.
    Dave.


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    DT - Can you let us know how this one works out please if you have the time?

    FWIW I think KG is spot on with his definition of when you can claim. An airline registered in the EU, or any airline departing an EU airport.

    Interesting with your flight is that you departed an EU airport on a non-EU airline. So that's good.

    But then you caught a second flight departing from a non-EU airport (PHL) to another non-EU airport (MCO) operated by a non-EU airline (AA).

    And I've been racking my brains to try to remember if I read about this somewhere, that a case exactly like this went to the ECJ because the airline refused to pay because the delay happened on that second leg; the airline claiming that made it all non-EU. And I think ... emphasis on *THINK* ... that the ECJ ruled that the airline was liable for compensation because both flights were booked on the same ticket and the stopover was an operational choice of the airline due to how they provided that end-to-end flight.

    If you want to read it, the law itself is here: https://eur-lex.europa.eu/legal-cont...LEX:32004R0261

    It always makes me smile to post or email that link as it's one of the (count on the fingers of one hand) few pieces of legalese I've ever managed to read and (mostly) understand in my life.
    Last edited by Snapper; 18-06-2018 at 00:05.
    Steve



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    Gosh, Google really is wonderful isn't it?

    Here you go DT:
    https://www.eversheds-sutherland.com...Court-Decision

    Go get 'em Floyd ...
    (High five and ultimate respect if you can name the advert!)
    Steve



  7. #7
    Florida Chatterbox Dads_Taxi's Avatar
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    Quote Originally Posted by Snapper View Post
    Gosh, Google really is wonderful isn't it?

    Here you go DT:
    https://www.eversheds-sutherland.com...Court-Decision

    Go get 'em Floyd ...
    (High five and ultimate respect if you can name the advert!)
    Hi Steve, thanks for that, I've had a read and it is very encouraging. I'll certainly report back to say how they get on.

    I had to Google the advert !! That was a LONG time ago. But you're right, Google is wonderful.

    Cheers.
    Dave.


  8. #8
    Florida Chatterbox Dads_Taxi's Avatar
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    Quote Originally Posted by Snapper View Post
    DT - Can you let us know how this one works out please if you have the time?
    I'm happy to report that AA were extremely sympathetic to this case. My daughter-in-law wrote a long letter detailing everything that had gone wrong, including the inclusion of two infants and a pregnant woman (who hadn't told any of us she was pregnant at that point!!) in the party, missing luggage, the whole story. Within days American Airlines had written her a very sincere and obviously personal (not generic) reply, apologising and agreeing immediately to full EU compensation for all of the party, and full recompense for items purchased whilst waiting for the delayed baggage to arrive. This morning all ten of the group - six adults, two children and two infants, received their €600 (in ) plus the full receipted amounts for their emergency clothes and toiletries.
    Dave.


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    I think they call that a ‘result’. Really good to hear.


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