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Recently had a 9.10am flight with United to Newark from LHR. Received notification of cancellation while I was on the way to the airport. Arrived sufficiently early to get put on an earlier flight (1 hour 5 mins earlier) and was better than any of the other options which all involved delays. Didn’t think eu261 would apply as it hasn’t impacted my arrival time but read about the Dec 21 ECJ ruling which apparently states over 1 hour early could be grounds for compensation. Obviously an early flight can’t use delayed arrival time as an event to determine whether compensation is due, but wondering what they would use to determine whether anything is due.
I did receive an automated email from United on the way to airport which offered either $100 voucher or some points which seemed proactive, returned to find the offer has been rescinded (perhaps because of the new flight time itself) which prompted me to investigate. I know there are some very knowledgeable people on the forum and as I can’t find very much about such a marginal case (case for compensation if you have a flight moved several days earlier seems clear, equally if they rebooked you onto an earlier flight you couldn’t get to – but I can’t work whether it would apply at all in this case).
Compensation: something, typically money, awarded to someone in recognition of loss
They got you there early? In what way have you suffered any loss or inconvenience?
Which came first, Uk261 or Dec 21 ECJ ruling?
Compensation: something, typically money, awarded to someone in recognition of loss
They got you there early? In what way have you suffered any loss or inconvenience?
I thought it was a strange ruling, but I’m not here to question the ruling simply to ask how it is applied.
Which came first, Uk261 or Dec 21 ECJ ruling?
UK261, but not sure if the underlying cases themselves would pre-date UK261 and whether that would take primacy over the date of the published ruling.
Which came first, Uk261 or Dec 21 ECJ ruling?
UK261, but not sure if the underlying cases themselves would pre-date UK261 and whether that would take primacy over the date of the published ruling.
Sounds like you’ll be busy researching, or you could do some planning for a lovely christmas 24.
Because of the date of the ECJ ruling it has no automatic implentation in the UK even though the cases may have started their leval process before the end of the Brexit transition period.
Compensation can in some cases be paid when taking an earlier flight because doing so can also be an inconvenience. And that;s within the wording of the regulation.
I’ve claimed it myself
However the cancellation of the original flight still has to be within the airlines control for it to be payable.
Because of the date of the ECJ ruling it has no automatic implentation in the UK even though the cases may have started their leval process before the end of the Brexit transition period…
Thanks for this.
Because they cancelled your flight, if it’s not for extraordinary circumstances, I think you are due some compensation. This is reduced however because the flight was 1+ hours earlier, and arrived < 4h from the original planned time. So likely £260.
This is not automatic however because ECJ ruling was after brexit. But worth a claim, and escalation to an ADR if refused, as the ADR would likely follow the ECJ logic, even if not binding.United isn’t part of Aviation ADR.
Because of the date of the ECJ ruling it has no automatic implentation in the UK even though the cases may have started their leval process before the end of the Brexit transition period.
Thank you.
Because they cancelled your flight, if it’s not for extraordinary circumstances, I think you are due some compensation. This is reduced however because the flight was 1+ hours earlier
I will submit a claim, it was due to ‘staffing issues’. Anecdotally, the earlier flight was the emptiest flight I have seen for a while, so perhaps it was a commercial decision to cancel my original flight.
I was lucky to arrive there early enough to make a dash for the earlier plane as my other rebooking options involved significant delays. Post COVID I’ve started to dial down my planned contingency times for the unexpected, once in a while it’s good to be early.
Because they cancelled your flight, if it’s not for extraordinary circumstances, I think you are due some compensation. This is reduced however because the flight was 1+ hours earlier, and arrived < 4h from the original planned time. So likely £260.
This is not automatic however because ECJ ruling was after brexit. But worth a claim, and escalation to an ADR if refused, as the ADR would likely follow the ECJ logic, even if not binding.There is no 50% reduction for early departure – over one hour early gets you the full £520. Strange but true. Airlines dispute it strongly. The judgment stated:-
“where a flight has been brought forward by a significant amount of time, giving rise to a right to compensation (which implies, inter alia, late communication that the flight has been brought forward), the operating air carrier is still required to pay the total amount (which is, depending on the distance, € 250, 400 or 600). It does not have the possibility to reduce any compensation to be paid by 50% on the ground that it has offered the passenger re-routing, allowing him or her to arrive without delay at his or her final destination.” The “significant amount of time” is over one hour.
Just an update on this to say that United paid up with fuss for the early departure, as this is a site dedicated to loyalty – I must say I feel more loyal to the brand now. Certainly more than I can say for either Ryanair or BA who sometimes seem to go to extraordinary lengths to make the process difficult.
How much did they pay?
Very interesting. I assume you meant paid up without fuss?
Very interesting. I assume you meant paid up without fuss?
Yes, it’s interesting (and good) that UA paid up, presumably the full £520. BA will usually deny the claim entirely or dock 50% and maybe fancy their chances at court given that the ECJ decision post dates Brexit and it certainly seems odd/inconsistent that a departure brought forward 65 minutes gets you £520 whereas a 175 minute delayed arrival gets you £0. Unfortunately, the whole area around delays/early departure upon cancellation (and worse upon rescheduling) and rerouting lacks clarity.
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