# Has anyone tried to claim compensation under EC Regulation No 261/2004?



## CN624 (12 Nov 2007)

After experiencing a nightmare flight with BA and have been fobbed off with a 'copy and paste' answer to my written complaint from BA customer services.
Has anyone tried to take a compensation claim to the Air transport Users Council?


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## Money Bags7 (12 Nov 2007)

Was due to go to Mexico in February arrived at the airport to be told flight was cancelled. Flew out next day. Contacted airline to claim compensation, told we were not entitled to it. Referred the matter to the Commission for Aviation Regulation. Airline offered us a voucher for a couple of hundred euro - we are entitled to approx €1,300 according to the regulation. 8/9 months later still no compensation.


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## budapest (12 Nov 2007)

Did they claim that the usual 'technical problem' was the cause of cancellation?  If so, it's still a vague area and airlines use it all the time as a get-out clause.  Trying to find out exactly what the reason was for the cancellation is usually the first step in the process. If it was due to an 'extraordinary circumstance', then airlines tend to refuse payment of compensation.


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## Perplexed (12 Nov 2007)

Try www.eccdublin.ie with your query. I had a problem with Iberia a few years back. They lost my luggage & I spent 11 days of a 17 day trip without it. Yet, after  telling me I was due €57 per day when I got home they refused to pay up. Only for the ECC I wouldn't have gotten a cent from Iberia. I can highly recommend them.

They will at least be able to tell you very quickly if you have grounds for compensation.


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## ClubMan (12 Nov 2007)

Not a compensation claim but we received meal vouchers twice for flights delayed by more than two (?) hours automatically.


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## budapest (13 Nov 2007)

If your flight is delayed, it means that you will get meals and two telephone calls, faxes or emails after a certain number of hours have passed, depending on the distance of the flight.  Two hours is normal for flights less than 1,500kms.   

For flight cancellations, compensation should be paid but I've only ever heard of this happening if a flight was overbooked, in which case it's very obvious that the airline was at fault.  More often than not, airlines will offer 'technical problem' due to 'extraordinary circumstances' as the reason for the cancellation. Don't accept it at face value.  Ask the airline in writing what was the exact reason for the 'technical problem'.  If it was in fact something that goes wrong with all aircraft or if another aircraft could potentially have been available to make the flight, then their refusal is illegal.  In my case, faulty engine bearings were the problem, but after researching this, I found out that this is a potential issue with all aircraft and not necessarily 'extraordinary' and after many weeks of emails, the airline handed over most of the compensation.

Remember that the burden of proof is on the airline in relation to the cause of the cancellation and if they are found guilty of refusing compensation for a legitimate claim, they may be subject to fines of £5,000 per passenger.

Also may be of interest:
[broken link removed]


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## Money Bags7 (13 Nov 2007)

In my case we booked the flights early December on the airline's website. They changed their flight schedules late December and failed to inform us. To avoid this hassle again and especially for long haul I will be ringing to confirm flights in future!


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## Shona98 (13 Mar 2008)

Reference link above-the flightmole.com site has been reorganised and now includes a discussion forum for cancelled flights under EC Regulation 261/2004.


See www.flightmole.com. It also deals with the latest developments on the legal interpretation of extraordinary circumstances and how passengers have been successful in recovering compensation from airlines for cancellation


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## BOXtheFOX (13 Mar 2008)

Had a problem with an Aer Lingus flight returning from Paris. Contacted the Commission for Aviation Regulation in Ireland only to be told that because the delay happened in France I had to contact the *French* Commission for Aviation Regulation. I was less than impressed with the help I received from the Irish side. Sent off a letter and one year later got a reply in French. I never bothered to get it translated.


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## hopalong (14 Mar 2008)

does anyone know if your covered by this regulation if your stuck in dubai for 9 hours re;emirates.there quite hard to deal with.the flight started in dublin,on to birmingham ,on to dubai,on to dubai,after a 9 hour delay,no tea or coffey etc,on to perth,in an awful plane.


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