Anyone tried claiming compensation for Flight Cancellation under EU 261/2004?

Started by Layabout, Mon 26/05/2008 16:13:02

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Layabout

Heya,

So has anyone got any experience of this? I am in the process of doing it, and as usual, I'm getting the typical run-around.

I went to New York in May. My flight was booked on the 30th April 2008, and I recieved a phone call the day before from my travel agent telling me my flight was cancelled, would i like to go on the 1st of May or a refund. I went a day later (well, more like a day and a half.) I got less time to enjoy my trip, my hostel got a bit screwed up (but thankfully due to the awesomeness of the people working there, it got sorted out rather quickly.)

I sent American Airlines an email through their website (a horrible way of doing things. It has a limited number of characters, and if youve previously had a reply, you have to go through the whole process over again). Basically quoted the regulation and the fact that unless they can prove that Extraordinary Circumstances caused my flight cancellation, they owe me â,¬600.

I received a respones today.

May 26, 2008

Dear Mr. Keepence:

Thank you for your email and I apologise for the delay in our response.  I am very
sorry to learn that we have disappointed you.  There is no question that you were
inconvenienced when we were unable to get you to your destination as planned on 30
April and we are truly sorry.

The EU Regulation (EC Reg. 261/2004) that you mention does provide certain rights
for passengers whose flight is delayed or cancelled -- or who are denied boarding
due to an overbooking of the flight.  The type of compensation and amenities
provided are based on the circumstances surrounding the event, and does not always
include compensation.

After reviewing the extraordinary circumstances surrounding flight AA115, it is
clear that this event was beyond American Airlines' control.  The flight did not
operate due to an unforeseen mechanical problem with the inbound aircraft.  In this
case, EU Regulation 261/2004 does not apply, and we are not required to provide the
compensation outlined in the text of the regulation.

Should you have any further queries pertaining to this regulation, the contact
details for the National Enforcement Body according to EC regulation 261/2004 in
the United Kingdom are as follows :
               Air Transport Users Council
               Room K705 -- CAA House
               45-59 Kingsway
               London WC2B 6TE

As more tangible evidence of our concern and regret for your disappointing
experience, I have sent you a transportation voucher under separate cover to the
address provided in your email.  It may be redeemed within one year of the issue
date toward the purchase of a ticket for future travel on American Airlines or
American Eagle.

Mr. Keepence, again, we are sorry for your disappointment and for the
inconveniences you encountered as a result of the cancellation.  Unfortunately, our
schedules can't be guaranteed as we must often make changes in order to resolve
problems caused by weather, flight conditions, mechanical difficulties, or other
operational challenges.  We hope that you do not let this incident discourage you
from travelling on us.  We look forward to seeing you onboard again soon.

Sincerely,

Arjanne Suierveld
Customer Relations
American Airlines

It sounds to me like an automated response to be honest.

I wrote back asking for evidence that the Mechanical Problem were indeed extraordinary (although i did not hear about Godzilla eating the wings of planes in New York on the 29th of May), To show evidence that they did not have back up planes or could not get a chartered plane or something. It seems to me they probably just had an early morning flight (my flight) that was underbooked to be honest. It wouldnt suprise me, what with the rising cost of oil.

I am eagerly awaiting their response, oh and my comlpimentary flight vouchers. Guess I'm off to the states again this year.
I am Jean-Pierre.

Tuomas

It actually does sound like a readymade reply with certain values just filled in.

I got a bit interested about this whole regulation and realised why I never even thought of going to study law http://www.aviationreg.ie/images/ContentBuilder/reg261.pdf It's a bit difficult read :)

jetxl

You have to realize that the dude that handles your e-mail is just another dude.
I did email front office for a while and this is what i learned:

1 Templates are your only friends at work.
2 I could observe almost everthing but can't interact with anything. The only action I could do is make a note in a log so some xenophobe in the back office might pick it up and look into it themself (never contacting the customer of course). The only problem a helpdesk employee can solve himself is tell a customer no.
3 The only reason to have a helpdesk is not to help cusomers but to make sure managment and finance never have to deal with customers.
4 There are a few good helpdesk employees, loads of bad ones that don't give a fart about your situation. The company on its turn doesn't give a fart about their helpdesk (unless, god forbid, they loose money).

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