EC261 and UK261: Successes and Failures

[Human]

I'm surprised that this thread doesn't already exist (Mods: if it does and I'm blind, please merge this post with that thread!).

I thought that it might be useful to have a thread listing our successes and failures with claiming EC261 or UK261 compensation. Let me get the ball rolling...

I caught an Air France flight last month from CDG to MAN, which arrived three hours and 15 minutes late. After we'd boarded the captain announced that the delay was due to the crew being delayed on their incoming flight (from Biarritz, as I recall?) due to "severe thunderstorms" at the origin airport. I would have thought that thunderstorms affecting the incoming crew would qualify as "extraordinary circumstances", but even though I had very little hope of receiving EC261 compensation, I put in the claim anyway.

I have to say that AF does make it easy to claim -- very easy, in fact, with a clear (and working) link on their "Contact Us" page.

Today -- less than three weeks after putting in the claim -- I was very pleasantly surprised to receive an email stating that the flight was delayed "because of operational reasons" and that I was entitled to compensation! They asked for my bank account details and subsequently let me know that they have approved a transfer of AUD444 (=EUR250).

The moral of the story (to me, anyway): Unlike many (most?) other airlines, Air France does not play silly buggers with EC261 claims.

 

[MEL_Traveller]

I would have thought that thunderstorms affecting the incoming crew would qualify as "extraordinary circumstances", but even though I had very little hope of receiving EC261 compensation, I put in the claim anyway.

No, ‘extraordinary’ really has to be ‘extraordinary’.

Severe thunderstorms are a common occurrence and airlines should plan for them accordingly. They could have a spare crew on standby at CDG for this type of situation.

The exception for weather is in circumstances where it is truly ‘extraordinary’… if there was snow covering the airport in Singapore that would be considered ‘extraordinary’.

I had a similar experience with BA… and they were proactive in helping me get compensation… even emailing me twice after the flight asking why I hadn’t submitted a claim!

 

[torks]

Ive had snow at heathrow delay my flight overnight. Applied for EU261 and was denied as it was weather outside their control. They were however prompt in paying for another night at the hotel and meals.

I think in your case a delayed incoming flight is not considered extraordinary circumstances even if it was weather related. Maybe...

 

[MEL_Traveller]

Ive had snow at heathrow delay my flight overnight. Applied for EU261 and was denied as it was weather outside their control. They were however prompt in paying for another night at the hotel and meals.

I think in your case a delayed incoming flight is not considered extraordinary circumstances even if it was weather related. Maybe...

Probably a good example! Snow at Heathrow would be extraordinary. Snow at Helsinki… not so much

 

[Scarlett]

Failure

My example (and there is a thread specifically on IB) was with IB and it is the opposite to your AF experience.

- IB Regional operated by Air Nostrum (think QFLink operated by Sunstate)
- LIS-MAD-CAI
- Inbound aircraft late arriving at LIS.
- A long time on the ground during the turn.
- No reasons given.
- Missed connection at MAD.
- Given overnight accom and meals at MAD area hotel.
- Rebooked by IB for following morning MAD-FCO-CAI.
- Missed onward flights (separate ticket) from CAI.
- IB provided no info about EU261.
- IB make it difficult to find how to claim on their website.
- IB ignored multiple requests for EU261 compensation and sent generic “we’re sorry” or just didn’t respond.
- After a number of months I engaged ‘FlightRight’ to act on my behalf to get compensation. After multiple emails and them seeking compensation from IB, they too gave up after a further number of months.
- Their final message was that there were other flights delayed from LIS around the same time, so something must have been happening. (no further info)

 

[Human]

Failure

My example (and there is a thread specifically on IB) was with IB and it is the opposite to your AF experience.

- IB Regional operated by Air Nostrum (think QFLink operated by Sunstate)
- LIS-MAD-CAI
- Inbound aircraft late arriving at LIS.
- A long time on the ground during the turn.
- No reasons given.
- Missed connection at MAD.
- Given overnight accom and meals at MAD area hotel.
- Rebooked by IB for following morning MAD-FCO-CAI.
- Missed onward flights (separate ticket) from CAI.
- IB provided no info about EU261.
- IB make it difficult to find how to claim on their website.
- IB ignored multiple requests for EU261 compensation and sent generic “we’re sorry” or just didn’t respond.
- After a number of months I engaged ‘FlightRight’ to act on my behalf to get compensation. After multiple emails and them seeking compensation from IB, they too gave up after a further number of months.
- Their final message was that there were other flights delayed from LIS around the same time, so something must have been happening. (no further info)

One really does wonder how Iberia have managed to get away with ignoring EC261 for so long, and how it will end. Will there be a class action that’ll end up costing them hundreds of millions, or will they keep getting away with it in perpetuity?

 

[dajop]

Submitted a claim for Vueling, as flight was cancelled apparently due to a missing pilot (and couldn’t find a replacement, oddly at their base BCN). Was all done using online chatbot. It was advised that claim would be processed after 10 days. Then at 10 days asked for bank account details and 2 days later had 250Euros sitting in each of our Wise accounts. Was absolutely gobsmacked at the efficiency of the process.

 

[Himeno]

This was when QF was flying to LHR via DXB.

Booked on BA LHR-DXB to connect to QF.
BA refused to check through (xONEx ticket). Planned aircraft had a tech problem and they swapped for an inbound aircraft which was late.
The delay caused a misconnect. If BA had checked through (like they should have), I would barely have made it (made it to the QF gate in the later stages of boarding, but as BA hadn't checked through...). After bouncing around trying to contact BA (cause of problem) and CX (ticket issuer), EK (who was fixing the problem) finally got through to QF and I was rebooked with a 24 hour delay.

BA claimed that mechanical issues, the core reason for the delay, are extraordinary and are not a normal and expected issue in the course of operating an airline and as such are not subject to EC261.

 

[MEL_Traveller]

This was when QF was flying to LHR via DXB.

Booked on BA LHR-DXB to connect to QF.
BA refused to check through (xONEx ticket). Planned aircraft had a tech problem and they swapped for an inbound aircraft which was late.
The delay caused a misconnect. If BA had checked through (like they should have), I would barely have made it (made it to the QF gate in the later stages of boarding, but as BA hadn't checked through...). After bouncing around trying to contact BA (cause of problem) and CX (ticket issuer), EK (who was fixing the problem) finally got through to QF and I was rebooked with a 24 hour delay.

BA claimed that mechanical issues, the core reason for the delay, are extraordinary and are not a normal and expected issue in the course of operating an airline and as such are not subject to EC261.

It might have been the specific mechanical issues were in fact, ‘extraordinary’. In an of themselves mechanical issues don’t escape EU/UK261.

Your hotel and meals should have been covered for the 24 hour delay.

 

[Human]

Your hotel and meals should have been covered for the 24 hour delay.

Yes, that’s the rule: accommodation and meals need to be covered even if the delay is due to “extraordinary circumstances”.

This happened to us in early 2022 when our KEF-CPH flight was cancelled because the flight crew had COVID. We didn’t receive compensation, but SAS reimbursed us for our hotel (though I didn’t know enough back then to ask for reimbursements for meals as well).