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Entitled Under EU261? (WX)

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Old Mar 22, 2017, 6:25 am
  #1  
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Entitled Under EU261? (WX)

Hello, I wonder if someone who understands EU261 better than I do could tell me if I'm entitled to compensation under it.


I was supposed to depart CDG, connecting through Dublin, and on to Boston with Aer Lingus last Tuesday (3/14). The flight was cancelled due to a snowstorm in the northeast US.


I ended up flying Air France on Wednesday 3/15.


Thank you.
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Old Mar 22, 2017, 7:16 am
  #2  
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I may have found the answer...I think.


Am I correct that, if the flight was canceled due to weather conditions, EU261 does not apply?
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Old Mar 22, 2017, 7:42 am
  #3  
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The compensation part for flight delays/cancellations does not apply for weather delays, which I think is what you're really interested in.

The airline does still have a duty of care to you, so it would be responsible for your overnight hotel accommodation, meals, transport to and from the airport and a couple of phone calls.

Any claim should be on the basis of what is "reasonable" so if, for example, you were travelling in Economy, made your own arrangements and booked into a 5* hotel when perfectly adequate cheaper 3* alternatives were available then you could expect a fight to get fully reimbursed. Similarly, meals should be commensurate with the length of the delay, so it's no use consuming multiple bottles of wine, but a drink with the meal would be fine. It pretty much boils down to "would I pay this myself if someone else wasn't picking up the cost". If the answer's "no", then you're not going to pass the reasonableness test.
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Old Mar 22, 2017, 7:44 am
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Originally Posted by Happygoin
Am I correct that, if the flight was canceled due to weather conditions, EU261 does not apply?
Such a general statement is incorrect.

EU261 applies in case of multiple situation (e.g. cancellation, considerable delay, downgrades, etc...) for all flights leaving the European Union or for flights operated by European airlines and arriving in the European Union.

The scope of the different duties, imposed on carriers, varies widely depending on the situation a passenger is in.

To answer your question:
EU regulation 261/2004 applies to your case (you were booked on a flight leaving the EU) and your flight was cancelled.

In such a situation, you're entitled to be booked on a new flight (which you got) and to get food, beverages and/or over-night accommodation (depending on the extend of your delay). Lastly, if the flight cancellation/delay was not force majeure, you're -pursuant to ECJ case law - entitled to monetary compensation as provided by EU261/2004.

Given that your flight was cancelled due to weather, you won't be entitled to the compensation. You can however ask reimbursement of costs incurred by the delay (if your airline didn't take care off you in the first place).

In the past, I had no trouble getting hotel nights, dinners, breakfasts, etc. reimbursed after getting stuck due to poor weather.

EDIT: As NWIFlyer pointed out, don't overspend as airlines may refuse reimbursement.
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Old Mar 22, 2017, 8:15 am
  #5  
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Thanks to you both. I appreciate the info.
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Old Mar 22, 2017, 1:53 pm
  #6  
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Welcome to FlyerTalk Happygoin.

As this topic pertains to EI (the carrier), we'll move your post to its forum.

~beckoa, co-moderator Information Desk
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