Complaint: Canceled / Delayed / Overbooked Volcanic Problems
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Old May 22, 2010, 6:54 AM
jimworcs jimworcs is offline
 
Join Date: Jan 2008
Location: Lot et Garonne, France
Posts: 3,197
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Dear Pablo,
Here is the good news... Continental airlines were absolutely wrong and you are legally entitled to significantly more compensation that you may realise. Because your journey began in the UK, you are covered by EU Law 261. Many staff at US based carriers have tried to apply US law to travellers, which states that events such as volcano's or extreme weather means that airlines are not required to pay for hotels, etc. In fact, because your journey began in the UK, EU law applies to the whole of your journey. You are entitled to the following:

1. The cost of 3 meals per day during the entire delay
2. The cost of your hotel stays during the entire delay
3. The cost of getting to your originally booked airport (EDI from LHR)

Continental Airlines are fully aware of their legal obligations in this regard, as the US carriers have complained vociferously about the costs involved. You should gather your receipts and submit a claim. If you did not keep receipts for your food because you had been mislead by their staff that you were not entitled to such compensation, you can claim a reasonable daily figure. This is because Continental Airlines failed to notify you of your legal rights at the time of the delay. This is a breach of the EU 261 directive, and Ryanair have just been fined €3m for breaching this, in relation to the volcanic ash events.

Continental don't have a leg to stand on, and you should write a detailed complaint. It may have been possible that their employee's in Newark are unaware of EU261 (although they are in fact legally obligated to provide written information on your rights in relation to a cancellation). However, the London based employee most certainly knew your rights and you have a legitimate complaint relating to how you were treated. Continental are not permitted under these rules to claim that by accepting a flight to LHR you had effectively changed your routing. If you request to be taken to your originally booked airport, they must, at their expense get you there. This rule applies even if they get you to the same city, but a different airport. (For example, if you were booked to LHR and they got you to LGW they would have to pay for the cost of transport between the airports).

You should assert your rights: they treated you badly and did not obey the rules. Airlines regularly use the rules to their advantage and at the expense of their customers. You should have no hesitation in doing the same.