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EU261-Technical Question???

Romford, United...
posts: 2,065
reviews: 23
EU261-Technical Question???

This is more of a family argument that I am hoping the best and brightest brains of T/A can answer more than any intention to ask for compensation

A few weeks ago booked and paid for a flights from inside the EU to California via ORD(same airline,two flights,two different flight numbers but one booking)

The first flight was late taking off(2hrs 39mins) due to bad weather in the US which delayed it's arrival in EU and as a consequence was unable to make the original connection in ORD but the airline rebooked me on the next available flight(no fuss,no problem) but as a result arrived at my final destination 5hrs 17mins late.

I say that I am not entitled to any compensation for late arrival final destination as the second flight was an internal flight so not covered by EU regs

She who must be obeyed at all times says the opposite

Which one of us is correct?

This is important as who pays for our next meal out hangs on your every word!!!

Fredericia, Denmark
Destination Expert
for Bentota, Beruwala, Sri Lanka
posts: 35,962
reviews: 7
1. Re: EU261-Technical Question???

'Bad weather' is an extraordinary circumstance.

Romford, United...
posts: 2,065
reviews: 23
2. Re: EU261-Technical Question???

Does "Bad weather" provision cover flights that have not already arrived for the service?-ie my flight originated in the EU(not a continuation of another service) if I remember correctly when my flight was/did take off the weather was excellent and no problems reported at ORD

Edinburgh, United...
posts: 7,738
reviews: 15
3. Re: EU261-Technical Question???

Not sure what you mean. If I understand you correctly you were delayed and missed a connection as a direct result of bad weather. If so, no compensation is due (which is fair enough, the delay was outside the control of the airline).

Edited: 6:10 am, June 18, 2013
Romford, United...
posts: 2,065
reviews: 23
4. Re: EU261-Technical Question???

Lexexpress

The aircraft that was due to convey me was late in arriving at my airport due to bad weather at the airport it was flying from(different service) however there was absolutely no bad weather at my airport or ORD on the day of my flight

Liverpool, UK
posts: 9,767
reviews: 14
5. Re: EU261-Technical Question???

I would be fairly confident that the bad weather that resulting in your plane arriving late which meant you departed late would be considered exceptional circumstances because of the immediate relationship between the two flights - it would be different, in my opinion, if the bad weather was several days or flights in the past as it could be argued that the airline had the opportunity to bring in a substitute plane.

Romford, United...
posts: 2,065
reviews: 23
6. Re: EU261-Technical Question???

Thanks TomC97 that's my view as well-didn't think the airline getting a substitute aircraft would've been a viable option due to the time factors

Edinburgh, United...
posts: 7,738
reviews: 15
7. Re: EU261-Technical Question???

I see. There's no obvious answer to your question then. Knock-off effects aren't by themselves extraordinary circumstances even if they are caused by something that is. What it comes down to is whether or not a judge believes that the airline could have taken reasonable steps to avoid your delay, Since the delay was only about 2h30m it seems to me unlikely that they could but who knows.

You are wrong about why there's (potentially) no compensation though, if the initial delay was non-extraordinary you would entitled to compensation whether or not the missed connection was outside the EU.

Edited: 6:39 am, June 18, 2013
Romford, United...
posts: 2,065
reviews: 23
8. Re: EU261-Technical Question???

Lexexpress

Thanks-seems like it's a very grey area but certainly got no intention of getting legal over something such as this-pretty confident the airline did everything within their powers to take all reasonable steps to minimise the problem but useful to know about connections outside of the EU

UK
posts: 1,774
reviews: 24
9. Re: EU261-Technical Question???

I don't think it's a grey area at all. "Weather" doesn't just mean "weather at the point of departure". It means "weather anywhere along the aircraft's route". If there are heavy thunderstorms between A and B, and aircraft have to route around them, then that is something outside the airline's control regardless of how blue the sky is at points A and B.

Romford, United...
posts: 2,065
reviews: 23
10. Re: EU261-Technical Question???

Aviatrix-your post made me curious, so with a little bit of detective work I checked the departure logs for ORD and the flight time was normal so rules out the bad weather on route and no other flights from ORD going in the direction of Europe(or indeed flights to Europe) one hour prior to/after expected departure were effected.

Would seem that this was a codeshare flight for 4 different airlines AA/Iberia/BA and Ethiad so I guessing that it was delayed on the tarmac whilst these were fed onto the flight

Not too sure what can be done in these circumstances???