We noticed that you're using an unsupported browser. The TripAdvisor website may not display properly.We support the following browsers:
Windows: Internet Explorer, Mozilla Firefox, Google Chrome. Mac: Safari.

AA49 from CDG to DFW delayed approx 9 hrs. Can I get Comp?

Dallas, Texas
Level Contributor
6 posts
9 reviews
Save Topic
AA49 from CDG to DFW delayed approx 9 hrs. Can I get Comp?

2012/12/02 AA49 11:30am to 3:45pm Direct CDG to DFW (old 767) all with Miles

Ok. Need your help on what are my rights and what I can do about my massively delayed flight:

--All Boarded by 11:30am.

--Take off delayed by 1.5 hours due to issue found on wing and was fixed and documented as per Pilot announcement.

--30 min into flight, pilot announces we are rerouting to London due to air pressure regulator/systems failure(can only be controlled manually at the time), pilot maintained altitude below 10K feet. Water/juice and snack bar offerred

--stuck in LHR for 3 hours in plane while work was being done, parts picked up from storage and installed.

--Lunch was served at 5pm CET, should have rather been at around 12pm CET

--While in flight, Pilot states they must land redirect to JFK as their can not reach DFW without surpassing regulated flight hours. Pilot stated they must switch crews at JFK, hopefully land and crew just come on board without us switching out

--Light snack(pizza) was served at 11pm CET

--Landed in JFK at 6pm EST, was now told that we have to exit, go through customs and pickup baggage and get reticketed for the same flight and drop bags off, reason as per pilot was customs in DFW would be closed by the time we get there 11-12am CST

--went through customs, no new ticket/boarding pass or luggage tags were needed, just went through customs and redropped off bags and went through security again. Therefore still technically the same flight

--departed JFK at 9:30pm EST

--Refreshments and snack bars were offered between JFK and DFW and about 6 hours since last "light snack" was offered at 11pm CET. Sandwiches/chips etc were available ONLY for purchase.

--Landed in DFW at approx midnight CST.

Total delay of approx 8.25 Hours

Questions:

1) Whats the best way to file a complaint

2) Does this fall under EU 261/2004 as being over 4 hours in total delay? Even if you exclude customs and rechecking in JFK, it still easily amounts to over 6 hours in delays. How can I approach AA about this?

I have never filed a complaint looking for compensation, just wondering what would be the best approach for this. Should I play it dumb and just complain first via email and then talk about 261/2004 after their initial offer?

Liverpool, UK
Level Contributor
21,168 posts
36 reviews
Save Reply
1. Re: AA49 from CDG to DFW delayed approx 9 hrs. Can I get Comp?

Whilst the delay is covered by EU261 I have no doubt that AA would deny you compensation on the grounds of exceptional circumstances. They had a duty of care and it seems they met this obligation through provision of food etc.

If you want to proceed a simple letter to AA stating the facts, no emotional rants, to see their initial response - no harm in outlining your claiming under EU 261.

You might need to resort to legal means to get compensation if AA claim exceptional circumstances.

Seattle, Washington
Level Contributor
10,857 posts
94 reviews
Save Reply
2. Re: AA49 from CDG to DFW delayed approx 9 hrs. Can I get Comp?

This board has been swamped lately with "Can I get compensation requests". You can ask for whatever you like and I have no idea what "playing dumb" will do for you. You are entitled to something or you aren't.

Do a search, the box is right above your post, and you will pull up many threads about EU 261/2004. I have never seen anyone post they successfully got money from any US airline, and I doubt if you will. Please post if you do.

Also, suggest you leave out all those extraneous details, like what you had to eat and when you think food should have been served. Keep it short.

Edited: 10:59 am, December 03, 2012
Edinburgh, United...
Level Contributor
14,950 posts
16 reviews
Save Reply
3. Re: AA49 from CDG to DFW delayed approx 9 hrs. Can I get Comp?

Based on what you've told, I'd say you're entitled to compensation under EU261 since the delay was a result of a technical issue which is unlikely to count as extraordinary circumstances (see http://ec.europa.eu/avservices/services/showShotlist.do?out=PDF&lg=En&filmRef=61095). As others have said, however, AA are unlikely to see it that way and there's probably little point in claiming unless you are prepared to go all the way (i.e. to court). If you are, I'd say the first step would be to get an official reason for the delay from AA.

Edited: 11:13 am, December 03, 2012
London, United...
Level Contributor
27,179 posts
29 reviews
Save Reply
4. Re: AA49 from CDG to DFW delayed approx 9 hrs. Can I get Comp?

I think you are due compensation also, the flight originated in the eu, and it appears, from what you have said, due to mechanical failure, so not exceptional circumstances.

Airlines are also supposed to notify you of your rights, which appears to seldom happen.

Whether they pay or not is a totally different story. If you are due, then write politely and claim, it is the law. and let us know the outcome please ie their response.

UK
Level Contributor
49,560 posts
91 reviews
Save Reply
5. Re: AA49 from CDG to DFW delayed approx 9 hrs. Can I get Comp?

Also, suggest you leave out all those extraneous details, like what you had to eat and when you think food should have been served. Keep it short.

=====

+1 million. All that stuff is totally irrelevant.

All you need is state that flight xyz was 9 hours late and so you are entitled to €X compensation.

Garden Bay, Canada
Destination Expert
for Air Travel, Business Travel
Level Contributor
9,897 posts
94 reviews
Save Reply
6. Re: AA49 from CDG to DFW delayed approx 9 hrs. Can I get Comp?

Nobody has been successful in obtaining compensation from North American airlines under EU 261. The airlines typically do everything reasonable to get aircraft out on time. Even if it is a clear violation, you'd have to take them to court maybe once to win and then once more to try to get payment. Fortunately for you (and prices for everybody else) you are exceedingly unlikely to find a US court that will uphold laws of foreign goverments.

Complain to the airline, yes, and accept whatever trivial benefit they may be willing to provide and be done with the issue.

"...due to mechanical failure, so not exceptional circumstances."

Sorry, not a logical link. *Some* mechanical issues at your hub may be considered not extraordinary circumstances, but most if not all mechanicals at a distance outpost will be, rightly or wrongly, interpreted to be extraordinary.

Edited: 12:39 pm, December 03, 2012
Garden Bay, Canada
Destination Expert
for Air Travel, Business Travel
Level Contributor
9,897 posts
94 reviews
Save Reply
7. Re: AA49 from CDG to DFW delayed approx 9 hrs. Can I get Comp?

Upon further examination of the details, David, you are a US resident who purchased the ticket in the US and are governed by only the US laws and contract of carriage agreed to at the time of purchase, from a US based carrier. You don't have a nubbin let alone a leg to stand on as far as EU261 is concerned. It sounds like the airline did everything it could under the circumstances to get you home.

Read the contract of carriage to determine what you can ask for.

Leicester, United...
Level Contributor
1,280 posts
1 review
Save Reply
8. Re: AA49 from CDG to DFW delayed approx 9 hrs. Can I get Comp?

"You don't have a nubbin let alone a leg to stand on as far as EU261 is concerned."

Nonsense.

In return for the rights to fly to EU airports, airlines from outside the EU *must* abide by all relevant legislation. This includes EU 261. So if the conditions set out in the legislation are met, you have a valid claim, regardless of where you live or bought the ticket.

The EU has several sanctions it can use against airlines that refuse valid claims.

Madrid
Level Contributor
3,286 posts
8 reviews
Save Reply
9. Re: AA49 from CDG to DFW delayed approx 9 hrs. Can I get Comp?

Upon further examination of the details, David, you are a US resident who purchased the ticket in the US and are governed by only the US laws and contract of carriage agreed to at the time of purchase, from a US based carrier. You don't have a nubbin let alone a leg to stand on as far as EU261 is concerned. It sounds like the airline did everything it could under the circumstances to get you home.

Read the contract of carriage to determine what you can ask for.

Absolutely not true!!!.

EU261/2004 applies to all airlines departing Europe,and individual contract of carriage does not supercede.Nationality is irrelevant.

Also not true that US carriers have not paid any claims,whilst not substantial in terms of their operations,the money paid is not insignificant,and is also rising.

Make a claim under EU261/2004.Following the European court opinion of the "Sturgeon Judgement",handed down on the 23rd october,many airlines are now more inclined to just pay up.AA may indeed just pay,but if they dont,you have a choice of taking action in the small claims court,or handing the matter to one of the many claim handling companies who have sprung up.They will of course take a cut.

London, United...
Level Contributor
27,179 posts
29 reviews
Save Reply
10. Re: AA49 from CDG to DFW delayed approx 9 hrs. Can I get Comp?

I'm not sure Geomedic.

Firstly, the flight originated in France and had a mechanical misuse. it's the second largest airport in Europe. I don't get the post in this may or may not be extraordinary,

Secondly the law applies to all flights originating in eu and the law applies.

I agree the airline probably won't pay, but that does not make it right and airlines should comply with the legislation. Basically telling people they have no chance I don't agree with. He should apply, get the response and take it from there, airlines can't simply refuse to pay because they are not eu airlines.

The fact he is a us citizen and booked in the us, is absolutely not relevant, if a carrier is licensed to fly from the eu, they need to comply.