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Is there any [EU] compensation we can claim?

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Is there any [EU] compensation we can claim?

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Old May 26, 2017, 12:25 pm
  #1  
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Is there any [EU] compensation we can claim?

Ok, we were flying back from HK yesterday (24th May) to London with Cathay Pacific.
We were 3 hours and 20 minutes sat on the tarmac (that's what the captain said over the pa).
An Air China flight had skidded off the runway on landing so HK only had one runway open.

I know that EU regs state that comp is due after 3 hours, but I'm also fairly sure that the flight has to originate in the EU for that to apply?

Thanks.
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Old May 26, 2017, 12:39 pm
  #2  
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Yes, only eligible if ex-EU for CX
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Old May 26, 2017, 12:39 pm
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Steve, welcome to the Cathay forum.

For the €600, it's actually a 4 hour delay with EC261/2004, but you are correct in that the flight needs to originate in the UK/EU to be compensated when flying a non-community carrier. Although I would think that an aircraft running off the runway would classify as an extraordinary circumstance, which also negates the need for compensation to be paid.

It was actually lucky that the crew didn't go over their maximum hours because of the delay, because I can imagine they would have come close.

There's a great thread over on the British Airways forum if you would like to read up on EC 261/2004.

Last edited by windchaser777; May 26, 2017 at 6:47 pm Reason: Added link
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Old May 26, 2017, 1:27 pm
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To me, this would seem to be a classic case of "extraordinary event" and therefore would not qualify for compensation in any case. Unless there are clear example of CX's actions resulting in not departing sooner despite being able to, there is really nothing that CX could have reasonably done to avoid or significantly mitigate the delay.

To the OP: given the events which led to delay, on what basis do you feel that CX owe you compensation (which suggests wrongdoing on their part)?
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Old May 26, 2017, 5:51 pm
  #5  
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Originally Posted by stargold
To me, this would seem to be a classic case of "extraordinary event" and therefore would not qualify for compensation in any case. Unless there are clear example of CX's actions resulting in not departing sooner despite being able to, there is really nothing that CX could have reasonably done to avoid or significantly mitigate the delay.

To the OP: given the events which led to delay, on what basis do you feel that CX owe you compensation (which suggests wrongdoing on their part)?
But what if it were a CX plane that skidded off the runway? Would that be any different?
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Old May 26, 2017, 6:27 pm
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Originally Posted by JALPak
But what if it were a CX plane that skidded off the runway? Would that be any different?
probably not as they are mutually exclusive events.
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Old May 26, 2017, 6:41 pm
  #7  
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Originally Posted by Steve Lovett
An Air China flight had skidded off the runway on landing so HK only had one runway open.
On a point of pedantry, it was a China Eastern plane, not an Air China one.
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Old May 26, 2017, 7:59 pm
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I was caught in that kerfuffle as well--UA862 (HKG-SFO).
There was a Level Black rainstorm and the ground crews are not allowed to work outside.
The additional issue of the China Eastern plane going off the runway only made things worse after the storm was downgraded.
I don't think CX owes you anything. I'm not seeking anything from UA and I feel I got my money's worth out of Polaris.
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Old May 26, 2017, 8:56 pm
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This sort of greedy compensation culture damages us all.
The original poster's plane was delayed for his own safety as well as that of other passengers, for reasons outside his airline's control. The approach of chasing compensation not only drives costs up for us all, but would incentivise airlines to reverse the forward direction in safety they have taken across the decades.
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Old May 26, 2017, 9:40 pm
  #10  
 
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Sadly there is no such thing, but it was black rainstorm and a plan ran off the runway.

Even China is talking about delay compensation, but its not centralized like EU261/2004 and all airline get to choose their compensation

As to the poster above, reverse the thinking and it will be that passengers have been donating money to airline for the pass decades allowing airline to do whatever they want until they get caught (by social media?).

Couldn't understand how it will affect safety at all, you are just asking the airline to be on time, imagine if passenger are late...
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Old May 26, 2017, 11:41 pm
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Originally Posted by jkuok
As to the poster above, reverse the thinking and it will be that passengers have been donating money to airline for the pass decades allowing airline to do whatever they want until they get caught (by social media?).

Couldn't understand how it will affect safety at all, you are just asking the airline to be on time, imagine if passenger are late...
I also don't like misbehaviour by airlines, but I don't think that we've been donating money for them to do whatever they want. On a route like Hong Kong to London there is a competitive market.

As for how it affects safety, if one runway is closed and there is a black rainstorm but airlines are financially penalised if passengers are delayed then there is an incentive for airlines to try to fly even when safety suggests otherwise. Recall the China Airlines plane landing in a storm in Kai Tak when (some) others had diverted, which ended up on its roof with several fatalities. There are countless other examples where taking a bit of a gamble on the weather worked out much worse than a delay, no matter how infuriating that can be.
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Old May 26, 2017, 11:55 pm
  #12  
 
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Correction on the CI 744 Going off the Runway at Kai Tak

Originally Posted by HarbourGent
Recall the China Airlines plane landing in a storm in Kai Tak when (some) others had diverted, which ended up on its roof with several fatalities.


Apologies for the correction, I actually watched the CI plane ditch at the end of the runway from my office that day at he end of 1993. Fortunately there were no casualties, but a number of minor injuries. It landed on its belly, half stuck in the water and blocked all landings and take offs until the British Army came and blew the tail off.

The aircraft remained stuck at the end of the runway and I drove past daily for some time as the 744 remained stuck there. To my big regret I did not get a photo.

Incidentally during the typhoon the previous plane looking to land was a BA 744, and the Captain decided to divert.............to Taipei.

I think you are thinking of the CI MD11 crash at Chek Lap Kok in 1999, CI642.

Back on topic, I really fail to understand why people want compensation when delays are for safety reasons or because an accident has caused a delay.
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Old May 27, 2017, 12:11 am
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Thanks for the correction NiccHK, I was indeed conflating the two crashes both involving China Airlines during typhoons.
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Old May 27, 2017, 1:31 am
  #14  
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Thanks for all the replies.

Just to say, I wasn't trying to screw CP out of lots of money, all I wanted to know was I able to claim anything back for the extra costs we had to pay out due to the delay?

We missed our prebooked bus transfer at LHR and had to pay for new tickets ect.

CP were there at the arrivals gate giving out vouchers for free hotels and taxi to passengers that had missed their connections. So some were getting a sort of comp never mind the reason for the delay...
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Old May 27, 2017, 2:00 am
  #15  
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For those with connections it is CX's obligation to send them to their final destination as per their tickets. But your bus transfer is not part of your air ticket, CX delivered you to your final destination which was London. It wouldn't be different for any other airline. Weather/act of god does not generally work well with compensation.
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