Originally Posted by
YuropFlyer
4 hours 30 min delay at departure will, if LX is not very dumb, shrink to just about 3 hours 55 minutes on landing.. 4 hours is the threeshould for delay compensation.. so, probably, you won't get it.
And even IF the plane lands more than 4 hours late, good luck with getting the money..
Originally Posted by
YuropFlyer
plegros: Since when is SFO under 3500km away from ZRH?
YuropFlyer
From your comments above, you seem to be of the belief that 4 hours is the trigger point for delay compensation to kick in. It is in fact a delay of 3 hours or more which triggers delay compensation according to the Sturgeon judgement:
1. Articles 2(l), 5 and 6 of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that a flight which is delayed, irrespective of the duration of the delay, even if it is long, cannot be regarded as cancelled where the flight is operated in accordance with the air carrier’s original planning.
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 three hours or more after the arrival time originally scheduled by the air carrier. Such a delay does not, however, entitle passengers to compensation if the air carrier can prove that the long delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances beyond the actual control of the air carrier.
3. Article 5(3) of Regulation No 261/2004 must be interpreted as meaning that a technical problem in an aircraft which leads to the cancellation or delay of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control.
Trust this clarifies this aspect for you.