Originally Posted by
WingnutSYD
Awaiting the departure of UA69, delayed 3.5hr and counting now due to late inbound (weather in EWR).
1. I've seen elsewhere in this thread that, based on apparent court precedent, a delayed inbound for any reason *does not* constitute exceptional circumstances and thus 261 comp is warranted. Is that indeed the case, and does anyone perhaps have links to the relevant court filings or something else I could include with a claim?
2. Just as we seemed about ready to board, the gate agent announced a further delay due to maintenance. We'll see how this develops, but I suspected there could have also been something mech related out of EWR given the inbound's delay was much greater than other Europe-bound departures around the same time. Would there be a way to find out if this is indeed the case? Although if the answer to 1). is a strong "yes", I guess mech vs. weather is a moot point?
Assuming the flight is leaving from somewhere in the EU, apologies but I do not know all the departing cities by flight number, then you should approach the GA (gate agent) and request the written EC261 policy. They are supposed to have that available for all passengers. Unless it is extraordinary circumstances they will need to pay the compensation.