Please sign in to post.

My experience with EC 261 compensation and reimbursement

We have seen several posts over the past weeks by people who were disappointed when an airline failed to offer compensation for a delayed or canceled flight. I am posting my own experience on two separate trips to show that such claims can succeed, but (usually) if and only if one is actually entitled to it under applicable law.

EC 261 is a European Union regulation that covers passenger rights in certain situations of delayed or canceled flights, as well as downgrades in class, and re-routing. It applies to the UK and UK carriers post-Brexit as well as within the EU. This Chris Eliot article explains the basics of which flights are covered and which are not. There is a link to the full text of the regulation.

https://www.elliott.org/airline-problems/eu-ec-261-european-air-travel-rights-guide/

Basically, it covers flights between the EU/UK and North America (or other non European countries) on EU/UK-operated airlines. For flights on non-EU airlines, such as United American, Air Canada, or others, EC 261 only applies to flights originating within the EU or UK. So if you are flying United Airlines from the US to Europe, EC 261 does not apply. And of course it does not apply to domestic flights within the US and Canada.

For quick reference, Article 5 covers cancellations, Article 6 addresses delay, Articles 7 and 8 for the rules for compensation, and reimbursement, Article 9 discusses the airline’s duty of care in the event of cancellation or delay, and Article 10 covers upgrades and downgrades in class. There is an exception for “extraordinary circumstances” beyond the airline’s control set out specifically with respect to cancellation in Article 5, Section 3. Extraordinary circumstances are defined in Article 1 as including extreme weather events that jeopardize safety, political instability, and strikes. This pretty much leaves technical/maintenance problems with the aircraft, staffing problems, and other issues related to the airline’s operation as the causes for which one may seek compensation for canceled or delayed flights.

My first experience with an EC 261 claim was when our September 19 British Airways flight from Venice to Heathrow was canceled and we were re-booked on a later flight the same day. That flight was delayed (we boarded late and then sat on the tarmac for another hour) and had other issues (no food loaded onto the plane). The cancellation and the delay were both due to air traffic control limitations at Heathrow during the Queen’s funeral, an “extraordinary circumstance”, so we were not due any compensation for these issues.

However, our original tickets were in business class, but there were no business class seats left on the replacement flight, so we sat in row 22. I filed a claim with BA for reimbursement for the downgrade in class in the amount of the fare difference between the two classes at the time I purchased the tickets. BA has a form for this right on their website.

My claim was denied, with the response saying that we were not entitled to compensation because the flight was canceled due to extraordinary circumstances. I appealed, stating that we were not asking for compensation for cancellation, only for the downgrade from business class. Again it was denied. I sent a copy of all this with a letter pointing out the error to one of the VPs for customer service. He did not respond but simply passed it back to the claim department, and again my claim for “cancellation compensation” was denied. So I wrote a rather testy rebuttal, starting “Can’t anyone there read?” I stated (for the fourth time) that we were asking for reimbursement for the downgrade only, and this time I cited the specific sections of EC 261 that applied, and pointed out that there is no exception for “extraordinary circumstances” in Article 10, which covers downgrades.

A week later I saw a credit of $237 from British Airways posted on my credit card.

Posted by
14944 posts

A few years ago I flew Air Iceland Connect (now Icelandair) between Reykjavik and Akureyri. The flight was over three hours late. I filed a claim with the airline and in a few days received full compensation and a penalty. I got more than the cost of the ticket.

Posted by
16182 posts

Continuing. . .

My second experience with EC 261 claims was after our most recent trip to Italy this spring. Our British Airways flight from Heathrow to was delayed for almost 4 hours by a “technical issue” —-apparently they are having a lot of maintenance issues with the A380’s (note to self and others—-don’t book a flight on an A380 if you can avoid it). Once we boarded, we had to wait another 45 minutes for a second pilot. Then the cabin crew announced that because of the delay the later part of the flight would slide into their mandatory rest period, so there would be no second meal service. We were in Business Class and this was a bit of a disappointment, but I just went to sleep after dinner (which was quite good) and slept the entire flight.

I filed a claim on the BA website for EC 261 compensation for the delay on March 20. In the claim I mentioned that we would be satisfied with Avios (British Airways miles) instead of money, and I did not provide my bank details, as they asked on the form, to reinforce that. Within 2 weeks I received a response saying we would be getting a check for the amount of compensation due for a delay of more than 3 but less than 4 hours. The amount is computed on the basis of the length of the flight, and in this case it came to £260 for each of us.

On Saturday we received the check (in US dollars, not £££) and I noticed a deposit of 20,000 Avios into our BA an account.

So the system does work, but only if you have a right to compensation in the first place. And, as my my first example shows, sometimes you have to be persistent, and use the right language. In my case, I had to say “reimbursement” for the downgrade, not use the word” compensation” which they treated as referring back to the cancellation. And it helped to quote the specific Article of EC 261 that applied. (So if you need to do that, you can find a link to the whole EC 261 regulation in the Chris Eliot article above).

Posted by
9549 posts

Wow - very savvy, Lola. Thank you for sharing the expertise that you gained in researching this.

Posted by
4510 posts

Like Frank, 5 years ago I got compensation that was more than the original ticket, on SAS. The process was easy as the correct options for compensation were listed on the SAS website, just pick the radio button next to your case. The hard part was finding out which of my bank accounts would accept foreign wiring of money at no charge (CapitalOne 360). Check or credit card were not options.

I am a little puzzled in Lola's first example, which should have been a straightforward refund for downgrade under any airline's policy-- why use EC 261?

Posted by
2181 posts

I filed an EC 261 for a trip in 2018 under Article 6. I think I knew to do this because of this forum. I also shared the information with our travel companions who were unaware of it. We were both notified that we qualified and would be compensated. Their compensation arrived promptly, but ours took 8 months, regular phone calls (with some lovely people) and emails to finally resolve. It was frustrating and British Airways probably has a lot more of our financial data than I wish, but persistence did pay off in the end.

Posted by
6335 posts

A small correction: EU/EC 261 as it is usually called, is an EU law, it applies to the EU. The United Kingdom left the EU in 2020 and EU law does not apply to the UK anymore, and British Airways is a non-EU airline, just like Air Canada, Qantas and all other non-EU airlines.

But when the UK left the EU, they copied all EU legistlation, so for now the UK has a similar law. But with the current government talking about a "bonfire of EU regulations", who knows for how long? And since it is a UK law, it is not relevant that the ECJ has been pretty strict at holding airlines responsible, in the end it is now up to the UK courts to decide how to interpret the law.

For an easy to read overview from the official source: https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm

Posted by
14944 posts

Just to add to mine.....my compensation came as a credit to the credit card I used for the flight.

Posted by
16182 posts

Tom, maybe it should have been a straightforward refund for the downgrade, but it wasn’t. I waited for 2 weeks and no refund was offered. When I filed the EC 261 claim, it became pretty clear they had no intention of doing so—they raised the the “extraordinary circumstances” banner three times in succession before I thought to quote the relevant language in the regulation to them.

Frank II—-the reimbursement for the downgrade did indeed come to my credit card, the one I used to book the flight originally. But the compensation for delay apparently had Tom be in cash. Maybe because these were award tickets, not revenue tickets? Or perhaps because the compensation payment is a sort of penalty for the airline and not related to the cost of the ticket?

Patty—-I wouldn’t worry too much about BA having your bank details. The bank routing number and your account number, along with your full name and possibly your address, are on every check you write. It’s not like giving out your SSN.

Posted by
295 posts

I have been surprised how my communication with airlines is systematically ignored with pat responses that often have little to do with why I wrote. I expected it to be bad, but it honestly seems a waste of time and money for them to have to reply a dozen times before they answer the actual inquiry.

Then there are the delays, Trenitalia let me know AFTER 6 MONTHS that I should fill out a different form to be compensated for a canceled train.

Posted by
36 posts

Thanks for sharing! Your lessons learned are greatly appreciated and a good reference for the rest of us.

Posted by
274 posts

Great info, thanks for sharing!

I'll also add our experience flying from Rome back to the US in December of 2019. We were on a United flight that was cancelled due to mechanical issues. We were all automatically rebooked on flights the next day and were put up in the Hilton hotel that's attached to the Fiumicino airport. We were all ALSO entitled to compensation for the delay, but United reps were heavily pushing a $200 United credit, rather than the 600 euros mandated by the law. Obviously, by accepting the credit, you would forfeit your right to additional compensation.

Most of my fellow US travelers were unaware of the additional compensation (because in the US, we would have been given absolutely nothing). I did my best to tell as many people as possible. Getting the compensation was not an intuitive process, because of course United provided no guidance, but it was a simple process of emailing customer service, citing the applicable statue, and providing our flight details. United countered with an $800 United credit which would have expired within 18 months. We all took the cash instead, thankfully - we all know what happened for the next 18 months after that....