FlyerTalk Forums - View Single Post - First segment delayed, missed connection, late arrival. Compensation ?
Old Sep 12, 2012, 9:13 am
  #8  
Centipede100
 
Join Date: Apr 2009
Posts: 552
Originally Posted by irishguy28
So here we go.

Article 3 - Scope.
OP falls within the scope of the regulation. So we must read on.

Article 4 - Denied Boarding.
Not applicable in the present case.

Article 5 - Cancellation.
Not applicable in the present case.

Article 6 - Delay.

Only inputting the relevant bits:

1. When an operating air carrier reasonably expects a flight
to be delayed beyond its scheduled time of departure:

(c) for four hours or more in the case of all flights not falling
under (a) or (b), [(a) is excluded as (a) refers only to flights of less than 1,500km, (b) is excluded as it refers to flights of less than 3,500km]

So Article 6 doesn't apply - as the delay in departure is not of a sufficient length.

Article 7 - Right To Compensation
Not applicable in the present case, as we have not been referred to this article by any preceding (or subsequent) article


Article 8 - Right To Reimbursement or re-routing
Not applicable in the present case, as we have not been referred to this article by any preceding (or subsequent) article

Article 9 - Right to Care
Was referred to above in Article 7, but does not apply in the present case, as the delay in the long-haul flight was not sufficient (4 hours) to trigger this right to care

Article 10 - Upgrading and Downgrading
Not applicable in the present case.

The remaining articles also do not apply.



This appears to be a misreading of Article 7 (which, in any case, does not apply in the present case).

Article 7 can only be accessed if the delay in the original flight was 5 hours or more, and in this case, €600 would have been payable.


The second point of the Sturgeon ruling, though, would override all the above and seemingly mandate a payment of €600. But given that KL can hardly be expected to have arranged a new AMS-LYS flight just for the OP, I don't see how they could be expected to pay €600 as the "five hour delay" was really only a two-hour delay (the additional three hours being a requirement to wait for the next regularly-scheduled AMS-LYS flight). If a court enforced the compensation in this case, then airlines would eventually stop selling through tickets, as an "acceptable" delay on the first can still end up being an "unacceptable" delay under this ruling when a transfer is being made.
I don't believe you have read exactly what I wrote in my post!

Read it again and refer me to the aspects in the Regulation and Precedent Case Law which I appear to have misquoted/misunderstood.

You final point above "that KL can hardly be expected to have arranged a new AMS-LYS flight just for the OP, I don't see how they could be expected to pay €600 as the "five hour delay" was really only a two-hour delay (the additional three hours being a requirement to wait for the next regularly-scheduled AMS-LYS flight), is frankly your own interpretation, and is not supported in any way by what the law actually states.

For certainty, Operative part 2 of Sturgeon states: 2. Articles 5, 6 and 7 of Regulation No 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 [in this case LYS] three hours or more after the arrival time originally scheduled by the air carrier.

Last edited by Centipede100; Sep 12, 2012 at 9:24 am
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