EU261

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Aug 26, 2019
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#1
Does EU 261 only allow compensation if the first leg of the flight from a EU country is delayed or cancelled.
My flight originated in Scotland on United and we landed on time in IAD, but my connecting flight in the US would not allow me to return home until 24 hours later.
The cancelled flight was due to a technical problem.

Thanks for your help
 

Dwayne Coward

Administrator
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Director
Apr 13, 2016
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#2
The EU courts have provided some rulings on this which state EC261 does pertain to connecting flights outside the EU. Unfortunately, we would not be able to advise if your specific case is covered under those rulings.

Our recommendation is to specifically request EC261 compensation from the airline and if they deny it, then appeal to the National Enforcement Board (the UK CAA in your case), who is able to make a determination if compensation is required.
 
Aug 26, 2019
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#3
Thank You. This is very helpful.
I contacted United stating that I felt the $50 e- voucher was not adequate compensation and was considering applying for compensation through the ruling.
I feel I have nothing to lose at this point.
 
Sep 20, 2015
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#4
I may be wrong, but I think there's a difference between a missed connection due to the first flight originating in the EU being late (this likely would be covered by the EU261 case law) and the second, non-EU flight/non-EU airline flight being late with the originating flight on time (and it also matters why the second flight was late--if it was weather or something like that, EU261 wouldn't apply anyway).

I'm thinking this one probably isn't covered--definitely not if the second flight was delayed due to unforeseen circumstances. The EU can't regulate non-EU airlines for flights originating outside of the EU, such as the case of United cancelling a flight wholly within the US. Might be worth a try to submit though, or at least ask for more compensation, particularly if it was UA's fault.
 
Jan 6, 2015
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#5
Berg states: "The cancelled flight was due to a technical problem", which was for the return flight from the USA.
 
Mar 14, 2018
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#8
The case was Claudia Wegener v Royal Air Maroc SA. Here's the actual ruling if you need it:

Article 3(1)(a) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that the regulation applies to a passenger transport effected under a single booking and comprising, between its departure from an airport situated in the territory of a Member State and its arrival at an airport situated in the territory of a third State, a scheduled stopover outside the European Union with a change of aircraft.​


https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017CJ0537
 
Likes: VoR61
Jan 6, 2015
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#9
Just to be certain, when you said "my connecting flight in the US would not allow me to return home until 24 hours later", you did NOT mean back to Scotland correct (in other words, home is somewhere in America) . . .
 
Likes: jsn55

jsn55

Verified Member
Dec 26, 2014
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#10
Just to be certain, when you said "my connecting flight in the US would not allow me to return home until 24 hours later", you did NOT mean back to Scotland correct (in other words, home is somewhere in America) . . .
If this isn't solid proof that we need all the details and all the facts before we can advise properly, I'm a giraffe. So often our OPs get testy when we want to know exactly what happened and we start asking pointed questions. THIS is a perfect example of our little internal rule.
 
Aug 26, 2019
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#11
VOR61. We arrived at Washington Dulles from Scotland and were due to connect to Pittsburgh. The plane had a spoiler malfunction and the flight was cancelled.
United arbitrarily booked us on a flight the next day to Newark at 6am but we would not be able to fly from EWR to PIT until 5pm so we would not arrive in PIT until 6pm almost a full 24 hours after we were due to complete the trip.

Sad. This gives me some hope.

Honestly. All of us were treated so shabbily by United. We waited from 3p.m. the day we arrived in IAD and were not notified until after 9pm that the flight was finally cancelled. Then were required to wait in line until almost 11 pm for vouchers for a hotel and for a rebooking. The voucher did not even cover the cost of the hotel they booked us in. Also. We did not receive our luggage until Midnight. They rebooked us on a flight with no choice. We did not arrive at the precooked hotel until 12:30.
I feel it was unreasonable after this ordeal to have to wait another full day to finally make it home.
Since this was a plane malfunction could they not have placed us with another carrier ?
 
Jan 6, 2015
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#12
Their Contract of Carriage is here: https://www.united.com/ual/en/us/fly/contract-of-carriage.html#tcm:76-6643
and contains statements like these . . .
At its sole discretion, UA may arrange for the passenger to travel on another carrier. United may also, at its sole discretion, and if acceptable to the passenger, arrange for the passenger to travel via ground transportation.​
UA will provide at its option either one night’s lodging ...​

The key phrasing is "at their option/discretion", meaning they decide on a course of action. It's important to note that airlines will generally commit to get you to your destination as soon as possible on one of their flights in the event of a delay or cancellation. Some will use other airlines, but it is a rarity.

If the voucher failed to cover the hotel, you can ask United for additional monies.
 
Likes: jsn55

weihlac

Verified Member
Jun 30, 2017
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#13
VOR61. We arrived at Washington Dulles from Scotland and were due to connect to Pittsburgh. The plane had a spoiler malfunction and the flight was cancelled.
United arbitrarily booked us on a flight the next day to Newark at 6am but we would not be able to fly from EWR to PIT until 5pm so we would not arrive in PIT until 6pm almost a full 24 hours after we were due to complete the trip.

Sad. This gives me some hope.

Honestly. All of us were treated so shabbily by United. We waited from 3p.m. the day we arrived in IAD and were not notified until after 9pm that the flight was finally cancelled. Then were required to wait in line until almost 11 pm for vouchers for a hotel and for a rebooking. The voucher did not even cover the cost of the hotel they booked us in. Also. We did not receive our luggage until Midnight. They rebooked us on a flight with no choice. We did not arrive at the precooked hotel until 12:30.
I feel it was unreasonable after this ordeal to have to wait another full day to finally make it home.
Since this was a plane malfunction could they not have placed us with another carrier ?
I cannot foresee any circumstances where UA would feel EU261 applies in these circumstances. Your UA flight from Scotland to Dulles arrived on time. You did not miss a connecting flight because of any delays in your international flight arrival.

Your next flight was a US originating flight on a US airline. Your issues are solely with UA in the US.

You can appeal to UA : https://www.elliott.org/company-contacts/united-airlines/
 
Jan 19, 2018
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#15
My experience (3 times) is that if you are delayed to your FINAL destination (on the same ticket presented at the onset of that trip) you are due compensation. I live near a regional airport and for that reason I do not book low cost tickets out of major hubs as I would then need a separate ticket to reach that hub and therefore would not be covered if my second flight was delayed. I have received this compensation once from each of the major US airlines in addition to hotel and meal vouchers. I always make sure that my tickets ( usually Frequent Flyer miles) are with one airline, even though some flights may be on a partner airline. Remember that the delay needs to be within the airline's control so get that travel insurance too in case the delay is weather related! I have used that insurance many times. CC coverage is not always that great, often requiring that the airport be completely shut down. Read the fine print!
 
Likes: mschlick
Aug 26, 2019
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#16
I have written to United cares. They sent us an email offering a $50 e voucher for our inconvenience. I did not respond to the email because there was no way to reject the offer.
In the email I sent I thanked them for the offer but did not feel that it was compensation enough by the guidelines of EC 261. I hoped they would send some kind of reply but they have not so far.
I am currently trying to fill out the paperwork for our luggage delay on the outbound flight and the hotel rooms we had to reserve because of the several delays and cancellations trying to get out of Pittsburgh.
I saved every piece of paper regarding those flights and believe me I have many boarding passes.

As soon as I get that done and the paperwork for the return and sent to the insurance I am going to work on compensation.

Thank you Carol112. I am relying on my separate insurance policy for the baggage delay and hotel rooms, not the cc.

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