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Major Flight Delays/Cancelation = Compensation in Europe

If you're flying to or within Europe, please remember that the European Union has stronger consumer protection laws than the U.S. does. They're enshrined in EU 261 and they could get you substantial compensation if your flight is delayed or canceled. The rules break down who is eligible based on length of flight, whether it's within the EU or international and length of delay.

Our British Airways flight in May arrived 3 1/2 hours late in London, which forced us to rebook a missed flight we were to catch to Venice. Because we had a long flight and the delay was over 3 hours, we were eligible for EU261 compensation.

The airline will NOT volunteer this information. You need to know to ask for it. I found the BA website for filing claims, provided dates, flight number, delay and ticket confirmation and asked for the compensation due under EU261.

BA didn't blink an eye. Within days I had $600 US in my bank account! (Personally, I think BA paid less than EU261 specifies, but I decided not to push it further.)

The EU 261 in all its nitpicky detail is here: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:en:HTML
It's worth checking.

(PS: Britain adopted EU 261 into its own laws so even after Brexit, this law still applies to the UK.)

Posted by
275 posts

Note that EC261 does not apply to US airlines flying into Europe, but does apply for
flights departing Europe back to the US. It applies both ways if you're on a European
carrier.

And the reason for the delay needs to be, subject to interpretation, under the airline's
control. So a weather issue, or a delay due to some other issue at the airport, won't
cut it.

Finally, the delay is measured in terms of arrival at final destination. So if you have a 5
hour layover and your first flight is 4 hours late but you make your connection and arrive
at the final destination on time, again EC261 doesn't apply.

Posted by
7 posts

You are correct. I should have added the caveat you need to be flying on an airline based in a European country.

Posted by
15011 posts

However, there is currently a bill in Congress that will basically offer the same rights to Americans as EU 261. For both domestic and international flights.

Posted by
7 posts

Please note that this is not considered a "refund." That's a separate issue if you think you deserve one.
This EU law is compensation for substantial delays and for cancelations. The amount due is already calculated in that law, not necessarily based on what you paid for your ticket.

That said, if you think you are due a refund, consumer advocate Christopher Elliott has good tips on his website, as well as a collection of contact links for company executives, including airlines. https://www.elliott.org/company-contacts/
It's best to go through all the established customer service channels politely first, before escalating to an executive.

Hi. I had a question. I was scheduled to return home from Venice on a flight out at 6 am. I got an email the night before my flight at 10 pm that my flight was canceled. This caused me to miss my private water transfer that was scheduled to go to the airport at 3 am( bc I had to give 24 hrs notice to cancel) which was a loss of 140 euros. I wasn’t going to the airport at 3 am for a now nighttime rescheduled flight. I also had to repay and was able to get a public taxi for 30 euros to the Venice airport later the following day. We finally left at 10 pm to Paris but then This caused me to miss my connection from CDG (Paris) back to SLC. We stayed the night in France and arrived home 24 hours later. The flight was booked by delta but the VCE to SLC portion was operated by their partner Air France. All one reservation. I submitted request for payment for my hotel in France and meals. I also requested compensation. The reason stated for cancellation was airline scheduling conflicts. I called Air France but they said to talk to someone at the airport about vouchers as I got a email that said “you’re entitled to a voucher”. . I did not get a voucher and when asked , no gate agent was able to help me stating they were sub contractors and didn’t work directly for Air France. So, my question is 1.) do I get a 250 euro compensation for the flight cancelled from Venice to CDG AND 2. ) $600 euro for the delay back to the US due to missed connection. Or is it just 600 euros total for both?
Can I ask for them to reimburse me for the 140 euro lost in my water taxi in addition to my hotel costs?

Posted by
3954 posts

You can fill out the form and submit copies of all of your missed travel related expenses. You may be compensated for some. When our daughter in law’s flight from Toulon to Paris was cancelled a few years ago she submitted receipts from her TGV tickets she purchased to replace the flight and she received money for the cancelled flight, TGV tickets and the penalty € they had to pay for not getting her to her destination in a timely manner. That airline, HOP, had booked her on a flight that left hours later to Orly rather than from her original airport, CDG. It was quite the mess but she submitted the online form and uploaded all relevant receipts.

Posted by
758 posts

Elizabethparsons - I suggest you post your question on the Flyertalk forum under Air France. There are many very frequent travelers and some who have probably had issues similar to yours. I can guess that the airlines will find some way to compensate you only once, claiming that this as one incident. You can dispute this if you feel entitled to more.

Having just been through this process with another airline, I would further suggest submitting the receipts for the canceled water taxi as an incidental expense arising from their late cancellation. If Air France fails to reimburse you for all your expenses, re-submit or request review. SAS didn't initially reimburse all my hotel expenses until I re-submitted with additional information. I understand this is not uncommon - partial refund, followed by a request for review (of reasonable out-of-pocket expenses, obviously), additional reimbursement.

Ok thank you. What I am confused about now that on the claim form they have two options
VCE -> CDG and then CDG -> SLC. So I submitted for both for compensation because my second flight was a missed connection causing a delay of reaching home by 24 hours. So will they compensate me for each flight (250 euro for the canceled flight and 600 euro for the missed connection) or just the one 600 euro? I couldn’t figure out why they separated the flights. Thanks!

Posted by
758 posts

I think you took the best action in reporting both flights. You will be informed as to the amount you are "due". In my case, this communication from the airlines referred to caselaw precedent. If you don't like the compensation given, you can contest it through the airline or an outside attorney. If you google, you can find places that specialize in this, who will, of course, take a cut of any compensation you are awarded.

If you want/need an answer, best to consult an attorney knowledgable in the area.

Posted by
2 posts

Would someone clarify I am understanding correct- my flight(s) were booked through United-going to Athens no issues-coming home via Swiss Air the flight from Athens to Zurich was delayed 2+ hours to which we missed the flight to EWR. Swiss did rebook us for a flight the next day we went to Geneva (via Swiss) then to EWR via United-they did give us hotel and somewhat of a meal. we would still be allowed compensation correct? And if so do I go to Swiss who was the carrier or United who I booked through?

Appreciate any assistance!

Posted by
3954 posts

@ tsumrall0926
Our granddaughter had a 4+ hour delayed flight on Lufthansa in July which caused her to miss her connecting flight. They did get her home on the same day but 4+ hours later. She filled out the form on the Lufthansa website originally and they gave her a case number and said to go through United, the partner airline, for her actual compensation. I think she booked through United originally but all of her flights were operated by partner Lufthansa with Lufthansa flight numbers. She started the form in July with Lufthansa and will be issued a check from United sometime in November per their correspondence.

All of her correspondence with both Lufthansa and United has been transparent and timely. Hope you have the same experience with your airline(s).

Posted by
275 posts

also @ tsumrall0926...

You are allowed to file for "duty of care" no matter what the reason for the delay in your
flight. Since you got a hotel and meals in the process of managing the rebooking, any
reasonable expenses such as ground xport, maybe clothes or toiletries if you could not
get your bags back, and additional meals, are potentially claimable.

Duty of care is different than EC261 compensation, which is due, per a post from me at
the top of the thread, if the delay is within control of the airline. As has been noted,
you may have to fight for it, so knowing details of the delay, exact times that you left
ATH, arrived at ZRH, how you missed the connection, etc, may be relevant. If there
was a ground worker strike, or bad weather, you will not be due any EC261 compensation.
You would file with the carrier that caused the delay, so with Swiss.

Whether or not that part is successful or not, you can complain and ask for compensation,
which would most likely come in the form of miles or a travel certificate. The EC261
is paid in cash unless you agree to another method.

@ elizabethhparsons...

The most you can get is 600 euro, since, as I noted at the top, the compensation is based
on overall final delay from start to end point. I don't know why they have listed two segments,
but it could just be because that was your itinerary. I'd check both.

More than likely you will not be compensated for the sunk water taxi cost, although there is no
harm in trying. You should be refunded for hotel and meals for the additional night per duty of
care.

AF or Delta may throw you a voucher as a token for your delayed flights, but that does not
relieve them of the EC261 compensation question. As noted, if the initial flight was cancelled
for a reason outside the airline's control, you will not get EC261.

Posted by
2 posts

thanks so much for the quick response -the issue was due to mechanical problems --we end up leaving out of Athens 3 hrs late but couldnt get a flight to home until the next day-so we got to Geneva and spent the night and then was out at 730ish AM the next day. out of pocket additional expenses were just the extra day for parking at EWR and a missed day of work...but cash or credit is fine as we are traveling again to Italy. Since we book through UNited Ill see if I can find the form there-thanks again!

Posted by
226 posts

I for the most part book European Airlines to and from the US to take advantage of EC261 if our flights are delayed. I knew about this rule for as long as it's been around.

Remember the airlines never volunteer this and as the passenger you are obligated to know the ins ahd ours.

Posted by
5326 posts

Personally, I think BA paid less than EU261 specifies, but I decided not to push it further.

It possibly paid under what is often referred to in shorthand as UK261 (although it's actual legal name is lengthy). This fixed the compensation rates in round figures in pounds sterling rather than euro and although they started as about the same, with exchange rate fluctuations they might be less or more than the EU261 at any given time.