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EU261 vs travel insurance.

My flight had an emergency landing in Ireland. We were traveling to the US from Italy. We ended up having to spend the night in Ireland before we were able to be flown home the next afternoon. Our hotel and meals were paid for by Delta and we were given a $400 credit.

I bought travel insurance and know there is a part of the policy where we get reimbursed from trip interruption. Is this the same as EU261 or different? If the same - is it easier to just use travel insurance or do we not get reimbursed as much? Not sure how to proceed. Any help or advice is welcome. Thank you.

Posted by
2738 posts

Not sure I understand the question. If Delta paid for the hotel and meals, and flew you home the next day (not to mention the $400 credit), what are you expecting to be reimbursed for?

Posted by
8 posts

EU261 is a European Union law that protects passengers in the event of flight disruptions such as delays, cancellations, or involuntary boarding denials. The regulation outlines clearly the scenarios in which the law applies and sets forth rates of compensation and assistance for each situation.

Posted by
5513 posts

1) Apply for EU261. You could get 600 EUR credit. You apply to your airline (Delta). It is compensation for the delay unless exceptional situations apply (e.g., weather).

2) Trip interruption reimburses the additional expenses you incur if your trip is interrupted. It sounds like all your additional expenses were covered by Delta. Did you have any other additional expenses due to the delay? If all your expenses were covered by Delta, there is nothing to claim from the travel insurance.

Posted by
8367 posts

American Airlines are covered under EU 261 for flights originating in Europe only. The OP’s flight originated in Italy so it is covered. What will make the difference on the claim is the reason for the emergency landing which we have not yet heard. EU 261 payments are considered compensation it is not based on out of pocket costs.

Travel insurance reimburses for costs you are out of pocket due to delay or cancellation. It does not appear that you are out of pocket from your post so there would be no purpose in filing a claim there. What would you claim?

Posted by
23265 posts

It is a bit confusing. You can only be reimbursed for damages or losses. You cannot make money on the deal. And they have lots of ways checking and getting very nasty if they think you are engaging in insurance fraud. I think you don't have a lot of damage other than some time lost.

Posted by
2184 posts

You can always try filing an EU261 claim with Delta, but since they gave you the $400 in addition to the room and meals, they make claim that’s all they’re going to give you. Once you’ve accepted a settlement, it’s hard to get them to give you more. Hopefully, you know the reason for the emergency landing in case you decide to fight for more. Some situations are covered, some are not.

I don’t think you will get anything more from your travel insurance, unless there were other costs related to this situation, I.e. missed reserved transportation or other lodging on the other end because of delays. They will ask you if you have been reimbursed, how much and for what.

Sorry this happened to you.

Posted by
16231 posts

EU261 compensation is not due for delays or cancellations due to “extraordinary circumstances” that are out side the control of the airline. That includes weather or most in-flight emergencies. I suspect that your emergency landing would not be covered. Of course you are welcome to submit a claim; just do not be surprised if it is denied.

As for travel insurance, that will only reimburse your actual out-of-pocket losses. If Delta paid for your food and lodging, what else is there that you would expect reimbursement for?

Posted by
5257 posts

What was the emergency landing for? If it was for something out of the control of the airline then you won't be entitled to claim under the directive.

Posted by
8 posts

Flight had an emergency landing due to a noxious gas odor in the plane. While we were waiting for hours everyone kept talking about EU261. I had never heard of it. There are other expenses since we were not allowed to claim our checked luggage. I will submit them to travel insurance. I guess I am just trying to understand.

Posted by
14976 posts

Technically, you were entitled to a compensation of 600 Euro in cash and possible reimbursement of your ticket (the return portion).

However, the airline can offer you less. If you accept it, that's it. You've accepted their offer.

You can still try to claim under EU261 but the airline may say you already accepted compensation. Apply via the airline. You have nothing to lose.

As for out of pocket expenses not covered by the airline, you would claim these through your travel interruption insurance. This has nothing to do with EU 261.

Posted by
258 posts

You can also submit a claim to Delta for the additional expenses, perhaps before
you try travel insurance.

The travel insurance claim for delay is different than the EC261 claim. I would expect
Delta to stonewall and perhaps refuse to pay EC261 based on their interpretation of
the cause of the delay, which is sometimes hard for passengers to dispute (lack of
information). If you feel strongly that compensation is due, there are companies
who will review and perhaps take on your claim and push it harder, in exchange for
a cut of the compensation.

If Delta proactively gave you the voucher, then EC261 is still a possibility. If you agreed
to something, check it to make sure you did not forfeit your claim option. Although
there is nothing stopping you from filing a claim anyways.

Posted by
32735 posts

how long ago was this - is it live or has it passed a deadline?

Posted by
32735 posts

was the flight to have been direct from Italy to US or had you already made a connection elsewhere in Europe or UK? The UK is no longer part of EU, and your claim would only be for the leg which was delayed. If the UK there is mirror legislation for the time being but it won't be called EU261.

Did you or your fellow passengers have to go to hospital?

Posted by
7286 posts

Travel insurance will not pay for anything you were already reimbursed for. Travel insurance will never pay you for something you don't have a receipt for, by which I mean inconvenience, hunger, or discomfort. If you have medical insurance, Travel Insurance usually asks for a denied claim before they will pay under their insurance. You are not going to double-dip.

Posted by
7534 posts

I think the end result is that you have been accommodated and compensated from Delta, which you accepted. The amount they gave you in accommodation and cash is equivalent to what you would expect under EU261. Your travel insurance will want to know exactly what you were compensated and reduce any damages by that amount (you will sign a statement saying the losses were actual and not covered by other parties). So just continue with your travel insurance for any other damages you have.

Posted by
3098 posts

Frank II, on what basis are they entitled to €600 in cash? That can’t be EU 261, as this was pretty clearly within the Extraordinary Circumstances exception. So is there some other regulation that applies?

It all sounds pretty scary but I don’t think you get compensation for being frightened. The $400 credit that Delta gave must have been a goodwill gesture.

Posted by
16231 posts

Technical and mechanical problems are not extraordinary circumstances. So yes, it is worth applying for EU261 compensation—-600 euros per person for a flight of this length.. I don’t think the $400 credit Delta gave them affects that at all—-it seems to have been a goodwill gesture. And it is not cash as required by the EU261 regulation.

When our flight from London to SFO was delayed by a mechanical fault, we got a check from British Airways.

Posted by
595 posts

You'll probably have to read the travel insurance policy. If you have something like a "Trip Inconvenience Bundle" you might qualify for an inconvenience benefit in addition to the reimbursements you received from Delta. It's probably under "Trip Delay" rather than "Trip Interruption."