AC861 Aug 7 Cancelled - EC 261 denied due to weather?
#16
Join Date: Jan 2016
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1. AC is obliged to advise you at time if flight disruption your EC 261 rights and their obligations. If this was NOT done, good place to start your complaint is here as you may have made other decisions to expediate your trip home with this information given in a timely way
I know when my sister submitted her claim she was able to upload receipts for things like food that weren't covered by the $10 voucher the airline thought appropriate for a > 5h delay.
#17
Join Date: Dec 2011
Location: West
Posts: 3,357
Correct in essence, although if you are delayed for 24 hours I believe you are also able to claim accommodation for example, if the airline didn't provide it?
I know when my sister submitted her claim she was able to upload receipts for things like food that weren't covered by the $10 voucher the airline thought appropriate for a > 5h delay.
I know when my sister submitted her claim she was able to upload receipts for things like food that weren't covered by the $10 voucher the airline thought appropriate for a > 5h delay.
#18
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Actually she didn't submit any, but that wasn't relevant. I was pointing out that she was given the opportunity too which is in keeping with the fact that EC261 is, I believe, meant to directly cover some out of pocket expenses in addition to the refund.
#19
Join Date: Dec 2011
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Very helpful, thanks.
Post # 16
On ignore list you will go.
On ignore list you will go.
#20
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I believe what @jc94 meant was that his/her sister did not submit receipts (or chose not to) during the claim process (pointing out that there was the ability to upload such receipts). I could be wrong... s/he will need to clarify.
#21
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I believe what @jc94 meant was that his/her sister did not submit receipts (or chose not to) during the claim process (pointing out that there was the ability to upload such receipts). I could be wrong... s/he will need to clarify.
#22
Join Date: Dec 2005
Location: YYZ most of the time
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I always fail to see how the airlines can claim that weather is the issue when a LHR-YHZ leg is delayed (or cancelled). The weather in LHR is fine, the weather in YHZ is fine, the weather in-between the two is fine. Weather should NOT be a valid defence. It's an operational choice to route the aircraft YYZ-YHZ-LHR with the same crew operating throughout. That's within the airlines control and therefore EC261 should apply. Notwithstanding that thunderstorms are rarely a surprise, and if there was a chance of delays to the outbound, then the airline "could" have had called in spare crews to deadhead downline so as to prevent such an occurrence.
Let's look at the cost.... And I'll use a near worst case. The B763 was full coming back from LHR (but no ticketed infants). 211 passengers, x 600 Euros, converted to CAD.... Almost $190,000 CAD. Somehow I don't think the cost of deadheading a crew to YHZ would have been anywhere close to this even if they ended up not being needed.
There can't be that many flights back from Europe where the inbound aircraft is operated in such a fleet management decision to push their crew to being near their operational limits. They only need to get burned once or twice and they will realize that proactive planning is key to long term cost savings.
Let's look at the cost.... And I'll use a near worst case. The B763 was full coming back from LHR (but no ticketed infants). 211 passengers, x 600 Euros, converted to CAD.... Almost $190,000 CAD. Somehow I don't think the cost of deadheading a crew to YHZ would have been anywhere close to this even if they ended up not being needed.
There can't be that many flights back from Europe where the inbound aircraft is operated in such a fleet management decision to push their crew to being near their operational limits. They only need to get burned once or twice and they will realize that proactive planning is key to long term cost savings.
Last edited by yyz_atc_qq; Aug 10, 2018 at 3:05 pm Reason: added a few extra paragraphs
#23
Join Date: May 2012
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I always fail to see how the airlines can claim that weather is the issue when a LHR-YHZ leg is delayed (or cancelled). The weather in LHR is fine, the weather in YHZ is fine, the weather in-between the two is fine. Weather should NOT be a valid defence. It's an operational choice to route the aircraft YYZ-YHZ-LHR with the same crew operating throughout. That's within the airlines control and therefore EC261 should apply.
I just don't understand this logic. I get that these situations are upsetting, but, things happen. You can't seriously expect that severe weather at two of the airlines biggest hubs won't have any operational impact throughout the rest of the system. If you do, I want to fly on your airline that is prepared for that! OTP must be at 100%!
#24
Join Date: Dec 2005
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Rrriiiggghhhttt... because airlines should forecast severe weather and 4hr lightning advisories months in advance and not fly a plane to any third destination all day long??? How dare an airline think to route a plane YYZ-YHZ-LHR. The plane should only ever fly YYZ-YHZ and back. And they should keep spare aircraft and crew in every city they fly just incase something happens at an upline station.
I just don't understand this logic. I get that these situations are upsetting, but, things happen. You can't seriously expect that severe weather at two of the airlines biggest hubs won't have any operational impact throughout the rest of the system. If you do, I want to fly on your airline that is prepared for that! OTP must be at 100%!
I just don't understand this logic. I get that these situations are upsetting, but, things happen. You can't seriously expect that severe weather at two of the airlines biggest hubs won't have any operational impact throughout the rest of the system. If you do, I want to fly on your airline that is prepared for that! OTP must be at 100%!
#25
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While I can't find the ruling right now, I believe that courts have decided in similar situations that the airline could have chartered an aircraft to get the passengers to their destination. The weather excuse only applies at the departure or arrival airport relevant for this particular flight and according to the OP the weather was fine in LHR and YHZ when s/he got there.
I can't imagine the CTA would agree to this as it would likely then require either a new flight number or notification that 'flight operated by...' be presented to the customer.
#26
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It is my understanding that the question how knock-on effects (weather at YYZ impacts YHZLHR which in turn impacts LHRYHZ) are treated under EC261 is not really clearly answered - but don't have much experience in this area.
Regarding the bolded part: how would this impact the question of EC261 applying or not? AIUI, the only question is whether there were extraordinary circumstances mitigating the delay, in order to determine whether compensation (in addition to duty of care, which always applies) is due. Am I misunderstanding something?
Regarding the bolded part: how would this impact the question of EC261 applying or not? AIUI, the only question is whether there were extraordinary circumstances mitigating the delay, in order to determine whether compensation (in addition to duty of care, which always applies) is due. Am I misunderstanding something?
#27
Join Date: Dec 2006
Location: YEG
Posts: 3,925
I always fail to see how the airlines can claim that weather is the issue when a LHR-YHZ leg is delayed (or cancelled). The weather in LHR is fine, the weather in YHZ is fine, the weather in-between the two is fine. Weather should NOT be a valid defence. It's an operational choice to route the aircraft YYZ-YHZ-LHR with the same crew operating throughout. That's within the airlines control and therefore EC261 should apply.
#28
Join Date: May 2012
Location: Calgary
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Ferry a flight from YVR where a B767 crew base is? I don't think the crew can fly YVR-YHZ-LHR without timing out...
#29
Join Date: Dec 2005
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Rrriiiggghhhttt... because airlines should forecast severe weather and 4hr lightning advisories months in advance and not fly a plane to any third destination all day long??? How dare an airline think to route a plane YYZ-YHZ-LHR. The plane should only ever fly YYZ-YHZ and back. And they should keep spare aircraft and crew in every city they fly just incase something happens at an upline station.
The problem with the LHR-YHZ leg was that the crew starting in YYZ couldn't operate YYZ-YHZ-LHR due to the delays. If the day before OPS (in consultation with the forecast) saw there was an increased risk, they could have deadheaded a crew. If they are needed, they save upwards of $150,000 in EU261 claims, if they aren't, then they fly them home that same night or the next day and end up paying out 4-5 hrs of dead head pay, plus an overnight hotel, and per diems.
#30
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I'd wager (and I'd put a significant wager on it) that the weather was forecast at least 24hrs in advance. AC OPS knows what routes are most at risk for having this sort of situation happen. Most European routes wouldn't be at risk since the crews would likely start their day at the airport of departure. I'd guess (and maybe SD could offer insight) that it's less than 5 routes.
The problem with the LHR-YHZ leg was that the crew starting in YYZ couldn't operate YYZ-YHZ-LHR due to the delays. If the day before OPS (in consultation with the forecast) saw there was an increased risk, they could have deadheaded a crew. If they are needed, they save upwards of $150,000 in EU261 claims, if they aren't, then they fly them home that same night or the next day and end up paying out 4-5 hrs of dead head pay, plus an overnight hotel, and per diems.
The problem with the LHR-YHZ leg was that the crew starting in YYZ couldn't operate YYZ-YHZ-LHR due to the delays. If the day before OPS (in consultation with the forecast) saw there was an increased risk, they could have deadheaded a crew. If they are needed, they save upwards of $150,000 in EU261 claims, if they aren't, then they fly them home that same night or the next day and end up paying out 4-5 hrs of dead head pay, plus an overnight hotel, and per diems.
So you want airlines to have a lot more crew members to be deadheading around the globe every time there is a risk of weather. Hmmm. I guess ticket prices must go up to hire all these extra crew members. I also guess because it is weather planning, there is no DBC for the passengers that are being bumped for the crew to take up seats on the YYZYHZ flight?
Do you only want AC to be proactive for flights to/from Europe because of the EU law? If this was a YYZ-YHZ-YYT routing, you would be okay with AC cancelling YHZYYT and return YYTYHZ due to weather at YYZ?
At the end of the day we can discuss back and forth all day long. It's fun, honest. I love the discussion. But the OP has to decide if they want to wage this battle. It will be a battle. Is it worth the time and energy? I doubt it. But perhaps the OP will take it all the way and then we could have a new court precedence to set this all out in stone for us.