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Thread: Flight Delay Compensation - Who To Claim From?

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  1. #1
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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



  2. #2
    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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