[markousha]

Hi,

I had a reservation yesterday from Houston to Nice (France) with a 2hr connection time in London. I checked in online on Saturday.
The first flight (CO 4) was late on departure and on arrival of 78min. Landed, technical problems wouldn't allow the staff to open the doors. The bridge wasn't working properly. 45min later they invited passengers to use the stairs to reach the terminal.

I then informed the crew that I had obviously missed my next flight and asked what I was supposed to do. They answered that someone will be there for me. No one was there, so I went back in and they told me to get to a Continental counter.

I had a quick look at the luggage belt, just in case mine would unexpectedly show up, which didn't happened. The CO check-in staff at Houston airport wasn't sure about the luggage thing... Maybe because of the code share CO-BA on the second leg.

Anyway, at the service counter, half an hour away in another terminal, I had to talk with an asian person which I could barely understand due to his poor language skills. English isn't my first language and I have sometimes difficulties, but at an airline counter you expect dealing with someone fluent, at least. Whatever.
So, that person said my BA flight London-Nice had been changed into a Lufthansa London-Frankfurt-Nice. "Did you change it because of the delay, I asked? "No, because Sunday, lot of people travel", he answered. Adding that someone was supposed to inform me at the bridge. Surprise! I suppose that flight was then overbooked.
And, as i failed to get to the check in in time, I missed it anyway. Simple.
He then handed me a piece of scrap paper with another Luthansa flight (London-Munich-Nice) details on it (just another 7 hours trip instead of a 1.5hr London-Nice). Here you go! Just get to the terminal 1 now.
About the luggage, the CO person didn't know. Advised me to contact BA first and then Lufthansa! But unfortunately I would have to do it myself as he had a lot to do already. It's Sunday, remember?

Obviously, nothing was provided for the 9 hours waiting time and extra flight time, nor excuses.

My question is, do I need to bother complaining to Continental Customer Service for a refund? Shall I just ignore this CO airline for further travels and advise everyone I know to do so?

Marc

[jimworcs]

I am suspicious of the flight change... I think it was done for financial reasons. CO is in the Star Alliance. The Star Alliance don't have any direct flights from LHR to NICE. BA is OneWorld. I think you paid for a 1 leg flight and got a two leg flight. As the second leg of your flight originated in London, you try and claim compensation under EU Regulation 261/2004. Write to Continental and claim your rights, specifically mentioning this law. Now, here is the good bit. In a ruling by the European Court in 2009, a delay of more than 3 hours is to be compensated as if it was a cancellation.

Articles 5, 6 and 7 of Regulation EC 261/2004 must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier

I think you are entitled to €250 compensation, although it is possible, depending how they measure the distance (ie, direct or via Munich), you may be entitled to €400.

Give it a try and let us know how you get on. You must cite the regulation, so the airline is aware that you are claiming your rights under EU regulations as your second journey was on a different carrier and originated in the EU.

[markousha]

Thanks a lot for that jimworcs.
I'm trying to fill up a complain online with Continental, here. However, the website would not allow it. Error message "Please enter a valid Message (include your flight number(s) and travel date(s) if applicable, max 2000 characters)"... Everything is included, 1900 words, but it doesn't work. Anyway, I think I'm going to fax it.
I already sent one to DOT. I don't think they can do anything but just for peace of mind.
Will post later if anything worked out.

[markousha]

I didn't manage to fill a complaint online with CO. I then tried with DOT which worked perfectly. 2 days later I got an email from CO telling me how sorry they were and giving me a 100$ voucher. DOT must have transfered the complaint straight away.
I mentioned the EU regulation, but unfortunately it is not applicable in this case as CO is registered in the US.
So 100$ voucher is what I've got. It's still quite good.

Thanks a lot to you Jimworcs for your advice!

[jimworcs]

I am not sure you should have readily accepted the advice that the law doesn't apply to CO, as it is registered in the US. The law applies to any flights which originate in the EU. If CO have put in writing the the law does not apply to them, you are in luck. You can take further action. CO are wrong in law if they have stated the law does not apply to them. It absolutely does. $100 is minimal and is below your statutory entitlement.

[markousha]

That's interesting.

Here is what CO said:
I understand that the delay was, at best, very frustrating and truly regret that you were disappointed in our response. As Continental Airlines is a US flagship and not an EU Community carrier, and the delayed flight originated in the United States and not in an EU signatory state, European Regulation EU261 is not applicable.
While I realize that the application of our policies has not provided you with your preferred outcome, please be assured that we appreciate your business and we understand that you have a choice of carriers when you fly. Although I must respectfully decline your request for additional compensation, please be advised that your comments have been documented and submitted in a report that is made available to our senior management for internal review.

I fear he's right as under 261/2004, "The protection accorded to passengers departing from an airport located in a Member State should be extended to those leaving an airport located in a third country for one situated in a Member State, when a Community carrier operates the flight."

What de you think?
Or do you mean I should remind them that the second leg originated from a EU member state? But, the thing is the first leg (Houston-London) was late, and that caused the connection problem (London-Nice). Looks like this one can't be under 261/2004. I think it was overbooked and the delay was a good thing for CO. So, they put me on another one (London-Frankfurt-Nice) without anyone knowing and obviously telling me - second **** up. They finally sent me on a London-Munich-Nice. Total delay to final destination was 6 hours.
I'm not familiar with regulations and laws in general. I'm not sure what to do.

[jimworcs]

The flight cancellation you are complaining about originated and ended within the EU. The part of the rule that you are quoting, by my reading, appears to be a different scenario, which effectively extends EU protections to those travelling outside the EU on EU carriers. I am arguing that the flight that was cancelled orginated in the EU. You had no complaint about the Houston-London flight. It depends on how much stomach you have for a fight, but I firmly believe you may have a legitimate complaint.

Did you cash or accept the $100 btw? It is possible you accepted this in full and final settlement, in which case you are out of luck.