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Cancelled flight compensation - US carrier, US to London

London, United...
posts: 98
reviews: 249
Cancelled flight compensation - US carrier, US to London

We are aware of the new rules for compensation within the eu, but what is the situation for the above.

The next alternative flight got us to LHR 26 hours late. The airline did give us overnight accommodation and meal vouchers (enough food for a sparrow if you ate at the airport).

Help, please

25 replies to this topic
Fredericia, Denmark
Destination Expert
for Bentota, Beruwala, Sri Lanka
posts: 35,673
reviews: 7
1. Re: Cancelled flight compensation - US carrier, US to London

How long before the flight was it cancelled and for what reason?

Travelling The World
posts: 11,324
reviews: 18
2. Re: Cancelled flight compensation - US carrier, US to London

The rules do not apply to foreign carriers unless you are departing from an EU/EFTA airport.

So in the case of a delay at a US airport with a US (or any other non-EU/EFTA) carrier the protections under EU law do not apply.

Edited: 12:24 pm, August 12, 2013
Fredericia, Denmark
Destination Expert
for Bentota, Beruwala, Sri Lanka
posts: 35,673
reviews: 7
3. Re: Cancelled flight compensation - US carrier, US to London

The rules do not apply to foreign carriers unless you are departing from an EU airport

------------------------------------------------

That is not true.

Travelling The World
posts: 11,324
reviews: 18
4. Re: Cancelled flight compensation - US carrier, US to London

"That is not true."

Here is the law. You can decide for yourself what is true or not:

eur-lex.europa.eu/LexUriServ/LexUriServ.do…

"This Regulation shall apply:

(a) to passengers departing from an airport located in the terri-

tory of a Member State to which the Treaty applies;

(b) to passengers departing from an airport located in a third

country to an airport situated in the territory of a Member

State to which the Treaty applies, unless they received

benefits or compensation and were given assistance in that

third country, if the operating air carrier of the flight

concerned is a Community carrier"

To the best of my knowledge no US Carrier is registered in the EU. A "Community Carrier" means one whose aircraft bear a EU (or Norwegian or Swiss) registration.

Edited: 12:29 pm, August 12, 2013
Leyland, United...
Destination Expert
for Playa Blanca
posts: 19,746
reviews: 34
5. Re: Cancelled flight compensation - US carrier, US to London

The rules don't apply to non community carriers leaving a non EU country, flying into an EU country. They do apply to community carriers leaving a non eu country, flying into an EU country.

They don't apply in the OPs case.

London, United...
posts: 98
reviews: 249
6. Re: Cancelled flight compensation - US carrier, US to London

Thanks for swift answers.

Unfortunately, I agree with Harry, that EU261 only applies if we were travelling from London to US - seems daft - and that is why we are asking here

We were advised about 90 minutes before the due take off time that the flight was cancelled. The only reason given was "mechanical". It was the service agent who suggested we should claim compensation and look at the website to claim, but there does not seem to be a specific form etc, but we have completed a general form. I have emailed customer services as well.

Flight details, LAX-LHR Friday 9 August, UA934

Leyland, United...
Destination Expert
for Playa Blanca
posts: 19,746
reviews: 34
7. Re: Cancelled flight compensation - US carrier, US to London

It's not daft. EU 261 is an EU regulation, so only applies to flights leaving the EU, or those operated by an EU carrier. They can't make regulations applying to non EU airlines about having delays in their own country.

London, United...
posts: 98
reviews: 249
8. Re: Cancelled flight compensation - US carrier, US to London

I accept that, but if you are delayed LHR-LAX you get the compensation, the other way round you do not. Same carrier, same mechanical fault, maybe. That is what is daft, in my opinion.

Liverpool, UK
posts: 9,238
reviews: 14
9. Re: Cancelled flight compensation - US carrier, US to London

"That is what is daft, in my opinion." - Whether you think it's daft misses the key legal principle, the EU has no authority to pass laws that operate outside their jurisdiction and equally the US cannot make laws that apply in the EU.

EU carriers and EU airports are within the EU's jurisdiction which is why it covers flights EU to US but not vice versa.

Leyland, United...
Destination Expert
for Playa Blanca
posts: 19,746
reviews: 34
10. Re: Cancelled flight compensation - US carrier, US to London

The EU cannot make legislation to cover US, or any other countries airlines, unless they are in the EU.

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