Unusual case Rerouted JFK-ORY on 17/3 and EC261
#1
Original Poster
Join Date: Apr 2002
Location: NYC
Posts: 9,118
Unusual case: From 3000 EC261 to 0: JFK-ORY on 17 March
Our family of 5 were scheduled to fly Open Skies / BA8006 on 17 March JFK-ORY at 19:30 with an ETA of 9am (which is effectively 8am due to Europe resetting the clock for daylight savings 10 days after the US). The plane went mechanical two hours before departure so we were rerouted on BA172 at 21:50 with ETA 8:34 (but effectively an hour early) through LHR and on to ORY arriving at 13:20 causing a 4+ hour delay in arrival.
So Im thinking, not what we wanted, but a clear-cut case of EC261 compensation = 5 x 600 = 3000, so no complaints from my side.
Shortly after arrival at LHR we learned about the attempted Orly attack and the airport closure. Our onward flight was officially canceled at around 9:30am.
We were rebooked on the 19:30 to CDG with a 21:30 arrival - which were all on time. The earliest available. We left for an airport hotel to sleep of the jet-lag.
I am grateful we did not end up on the tarmac at Orly Ouest at 8:00am that day. Passengers arriving at that time were stuck on the plane for quite a few hours and had a hard time getting into the city.
Its academic - but in short, is it possible to leave JFK with an iron-clad EC261 case, and while on route end up with a completely different outcome?
So Im thinking, not what we wanted, but a clear-cut case of EC261 compensation = 5 x 600 = 3000, so no complaints from my side.
Shortly after arrival at LHR we learned about the attempted Orly attack and the airport closure. Our onward flight was officially canceled at around 9:30am.
We were rebooked on the 19:30 to CDG with a 21:30 arrival - which were all on time. The earliest available. We left for an airport hotel to sleep of the jet-lag.
I am grateful we did not end up on the tarmac at Orly Ouest at 8:00am that day. Passengers arriving at that time were stuck on the plane for quite a few hours and had a hard time getting into the city.
Its academic - but in short, is it possible to leave JFK with an iron-clad EC261 case, and while on route end up with a completely different outcome?
Last edited by erik123; Mar 20, 2017 at 4:30 am
#4
Original Poster
Join Date: Apr 2002
Location: NYC
Posts: 9,118
Yes, but wouldn't BA claim that the delay would have occurred no matter the mechanical? Perhaps I can claim my hotel cost at LHR (a very modest $150 for 2 rooms)
#5
Join Date: Jun 2009
Location: London, United Kingdom
Programs: British Airways Gold
Posts: 2,635
Yes but the flight that would have been hypothetically delayed by 'extraordinary circumstances' was cancelled, and so the defence becomes hypothetical. I see your case as still storng, you were rerouted due to non-extraordinary which would have resulted in a more than 3 hour delay. The subsequent events don't change that.