Susan O’Connell thinks EasyJet owes her compensation for a flight that was canceled between Barcelona and London after a French air traffic control strike. But after reviewing EU 261, the European consumer protection law, I’m not sure if her case will fly.
If I’ve seen Lee Wendkos’s case once, I’ve seen it a hundred times. Delayed on his way from Europe, he tried to invoke EU 261, the legendary and often misinterpreted European consumer protection law. And he failed.
Yes, this feature is called Case Dismissed, but there’s a lot to be learned from our consumer missteps. With the busy summer travel season just around the corner, here’s one lesson you need to take with you: Airlines hate EU 261. Get every promise in writing or you’ll end up with nothing.
What if the federal government said “enough” and ordered the airline industry to behave? Would they comply?
Jane Berryman was supposed to fly from Dubrovnik, Croatia, to Tirana, Albania, via Rome. At least that’s what her itinerary said.
To get an idea how much airlines hate, hate, hate the 24-hour rule, consider the unbelievable case of Michael Kalman’s recent attempted ticket purchase on XL Airways.
Neil Kyle is bumped from an Alitalia flight and then given the runaround when he asks for compensation under Europe’s consumer-protection laws. Is there any way to get him the 600 euros he’s owed?
Question: We were returning from Rome to Vancouver via Toronto last year when we were bumped from our flight by Alitalia. Alitalia rerouted us through London, where we ran into a great deal of difficulty, including a missed flight. Eventually, we caught a flight to Vancouver the next day.
Alitalia owes us 600 euros, according to the European consumer-protection rules. But the airline has provided an almost perfect case study of an airline employing delay and stonewalling techniques as a means to avoid its regulatory and legal obligations, and to wear down the complainants in the process.
There have been several emails exchanged among us, our travel agent and Alitalia. The airline doesn’t respond to the regulatory and legal-case information raised by us and our travel agent. We have filed a complaint with Canadian authorities, but we also would appreciate your assistance in dealing with Alitalia on this issue. — Neil Kyle, Port Coquitlam, Canada
Answer: You’re right. European regulations — specifically, a law called EU 261 — require Alitalia to compensate you for the denied boarding and delay. Instead, it appears to be giving you the brushoff.
It’s not difficult to see why. European airlines pay only a small percentage of the claims owed under EU 261. Most passengers don’t know of the rule, and it’s written vaguely enough that airline lawyers do an excellent job of convincing passengers that the airlines aren’t required to pay up.
Generally speaking, it also is true that airlines like to continue sending form rejection letters until you give up. That’s actually true for most businesses, not just air carriers. But airlines have perfected it, and no European airline seems to do it better than Alitalia.
A brief, written appeal to an Alitalia executive might have helped. I list each of their names and addresses on my website. But it’s been a while since an appeal to an Alitalia executive has been successful; I would have just sent it to the airline as a courtesy before taking it to the next level.
When an airline won’t budge, your final step is to take this issue to authorities. In addition to the Canadian Transportation Agency, I also might have considered contacting Italian regulators. (In the United States, you would have been able to complain to the U.S. Department of Transportation).
I contacted Alitalia on your behalf. It said that it also heard from Canadian authorities about your case. It apologized for the way in which it handled your claim and paid you the 600 euros you’re owed. It also promised to address your case with customer-care agents “to ensure we avoid similar mistakes in the future.”
Paul Kivett’s plane broke down twice before it could take off from Chicago this summer. He arrived in Paris almost five hours late.