EU compensation on indirect flights

[SiandAm]

On our last trip we encountered a 5 hour delay on our indirect flight from LHR-JFK-TPA. The delay was at JFK and the airline,KLM, have said it was their fault. However, as the delay was in the US they say that We are not eligible for the EU compensation.
I expected this and was prepared to take the claim further but I am now unsure as to whether I should.
The reason I was willing to take this further was that in 2017 we succeeded in our claim against AA where we also had a 5 hour delay on a through ticket. AA refused to pay initially as they are an American airline, but we followed the CAA guidelines and filed a claim through the small claims court, AA agreed to pay. This happened at the same time the Supreme Court found in a passengers favour in the emirates case. In the last communication from AA they stated that following changes in a UK court ruling they had re-addressed our claim and we were entitled to the compensation.
This is where I’m unsure about where we stand with our claim.
In 2017 the initial delay took place in Manchester with a further delay in PHL but this years was stateside.
Reading the CAA guidelines we can file for for a claim if we were on a through ticket with one booking reference, which we were, and our flight arrived at it’s final destination with a 3 hour or more delay and originally departed from an EU country.

So am I right in thinking that as we left the UK and arrived at our final destination more than 3 hours late we can claim regardless of where that delay occurred?

I was just looking for advice really as to whether to continue with the claim, I know that many airlines will try and fob us off, especially with the indirect route tickets as that’s what we experienced with AA.
Thanks in advance

[Mr Tom Morrow]

HI. Following a 2018 EU ruling as long as you have a through ticket you are entitled to compensation as long as extraordinary circumstances don't apply.

The key wording is through ticket. If they are separate tickets then no you wont be.

[BevS97]

caa/Passengers/Res...-a-connection/

The first sentence says when you have 2 flights on one ticket they are considered to be one flight for compensation purposes.

So as you left from the EU and were delayed in arriving at your final destination I think I’d just forward them a screenshot of the regulations and see how they reply.

[bighal]

Its the operating airline, not the ticketing one, that pays the EU compensation and KLM does not operate within the US. I suspect that this is the reason why KLM is refusing payout. So its not as simple as it first seems.
AA would have to pay out as they would have operated both flights. In this case I suspect the second leg was on Delta.

[Loftus]

Originally Posted by bighal

Its the operating airline, not the ticketing one, that pays the EU compensation and KLM does not operate within the US. I suspect that this is the reason why KLM is refusing payout. So its not as simple as it first seems.
AA would have to pay out as they would have operated both flights. In this case I suspect the second leg was on Delta.

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It is as simple as it seems. It was a through ticket on an EU carrier leaving from the EU. It is treated as if it is one flight. Unless there are extraordinary circumstances then compensation is due.

[SiandAm]

Originally Posted by Mr Tom Morrow

HI. Following a 2018 EU ruling as long as you have a through ticket you are entitled to compensation as long as extraordinary circumstances don't apply.

The key wording is through ticket. If they are separate tickets then no you wont be.

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This is as I thought, it’s definitely a through ticket as it’s a virgin booking on one booking reference

[Mr Tom Morrow]

Originally Posted by SiandAm

This is as I thought, it’s definitely a through ticket as it’s a virgin booking on one booking reference

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Good to go then. Best of luck, but as you know expect a battle.