Volcanic ash - right to care discussion
Apr 15, 2010, 10:44 am
#63
Join Date: Oct 2007
Posts: 347
)37 Article 6 of Regulation No 261/2004 provides that, in the event of a long delay to a flight, the operating air carrier must offer to assist and take care of the passengers concerned. It does not provide that the carrier may escape such obligations in the event of extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
Basically in 2006 it could be said that the airline industry anticipated that a volcano could ground a lot of flights- but in so far as those flights were governed by EC 261/2004-the court said that the airline would still pick up the tab of looking after the passengers.
(This is distinct from "compensation").
Apr 15, 2010, 10:56 am
#64
Join Date: Jan 2006
Location: London, Sydney
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Posts: 3,114
For those interested, all JFK-LHR flights up to BA178 at 840am tomorrow Fri (16/4) have been cancelled with pax rebooked onto flights from Monday 19/4. I'm currently on the BA114 at 935pm tomorrow and that is not yet cancelled (none of Friday's evening flights out of JFK are cancelled yet).
James
James
Apr 15, 2010, 11:21 am
#65
Join Date: Jan 2008
Posts: 39
"Conditions:
The change in booking must take place no later than two weeks after the original flight.
Travel must be completed within ticket validity or within three months from the original flight, whichever is longer.
Other flights in the same booking, if applicable, can be re-booked at the same time, and no extra fare is payable."
Any views?
Apr 15, 2010, 12:14 pm
#66
Join Date: Feb 2008
Programs: BA Executive Club
Posts: 1,175
This is independant of the class of travel booked.
Apr 15, 2010, 12:43 pm
#67
Join Date: Dec 2006
Location: Spain
Programs: BA GGL, HH Diamond, SPG Plat, Le Club Plat
Posts: 196
For those interested, all JFK-LHR flights up to BA178 at 840am tomorrow Fri (16/4) have been cancelled with pax rebooked onto flights from Monday 19/4. I'm currently on the BA114 at 935pm tomorrow and that is not yet cancelled (none of Friday's evening flights out of JFK are cancelled yet).
Apr 15, 2010, 12:53 pm
#68
Join Date: Aug 2004
Location: Helsinki, Finland
Programs: BA Gold
Posts: 660
So whats the easiest way to sort this.
I am at LHR as per the plan, was supposed to leave tomorrow
16APR LHR-HEL-TRE 0730 depart
and then have flights on the
17APR TRE-HEL-LHR-SEA 0600 Depart
Now clearly there is no point going home and so the start of my next itinery is not possible.
Should I call BA or the travel agent.
What happens if I do nothing, can I turn up to LHR to check in the the SEA flight on the 17th?
I am at LHR as per the plan, was supposed to leave tomorrow
16APR LHR-HEL-TRE 0730 depart
and then have flights on the
17APR TRE-HEL-LHR-SEA 0600 Depart
Now clearly there is no point going home and so the start of my next itinery is not possible.
Should I call BA or the travel agent.
What happens if I do nothing, can I turn up to LHR to check in the the SEA flight on the 17th?
Apr 15, 2010, 1:14 pm
#69
Join Date: Dec 2003
Location: Surrey, UK
Programs: BA Gold....er now Silver...er now Bronze....er now Blue
Posts: 3,507
So whats the easiest way to sort this.
I am at LHR as per the plan, was supposed to leave tomorrow
16APR LHR-HEL-TRE 0730 depart
and then have flights on the
17APR TRE-HEL-LHR-SEA 0600 Depart
Now clearly there is no point going home and so the start of my next itinery is not possible.
Should I call BA or the travel agent.
What happens if I do nothing, can I turn up to LHR to check in the the SEA flight on the 17th?
I am at LHR as per the plan, was supposed to leave tomorrow
16APR LHR-HEL-TRE 0730 depart
and then have flights on the
17APR TRE-HEL-LHR-SEA 0600 Depart
Now clearly there is no point going home and so the start of my next itinery is not possible.
Should I call BA or the travel agent.
What happens if I do nothing, can I turn up to LHR to check in the the SEA flight on the 17th?
Apr 15, 2010, 1:21 pm
#70
Join Date: Jan 2003
Posts: 3,775
All we can do is wait and hope that the jetstream's direction shifts away from Northern Europe.
Apr 15, 2010, 1:48 pm
#71
Join Date: May 2004
Programs: BA blue, LH Senator, KQ (FB) gold
Posts: 8,215
While I don't disagree with the legal interpretations given here as to the duty of care, this could bankrupt the European airlines if the event goes on for any length of time. I would expect that BA and others will fight this tooth and nail.
Apr 15, 2010, 1:58 pm
#72
Suspended
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Location: Earth
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Posts: 10,985
Although I fully understand the anxiety of those due to travel at present, I think it's absolutely ludicrous that European airlines have to pay out because of this. What fault is it of theirs? This EU legislation really is an absolute ......... IMHO.
From a personal viewpoint, I wouldn't seek a penny from any airline if I was caught up in this and would swallow the costs myself - albeit not particularly happily.
Let's hope this is not the final nail in the coffin for my job, which is already under threat of redundancy.
Apr 15, 2010, 2:12 pm
#73
Join Date: Sep 2008
Posts: 28
they'll do their best, I should think, but the airport hotels will be filling up pretty fast
Here are the bits of the EU regs that get them off the hook:
(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.
(15) Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations.
Here are the bits of the EU regs that get them off the hook:
(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.
(15) Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations.
Apr 15, 2010, 2:12 pm
#74
Join Date: Feb 2009
Programs: HHonors Diamond, SPG Platinum, PC Platinum :) - BA & Virgin - Lowly :(
Posts: 38
Just a general question - and apologies if I've missed it - I'm currently booked in WT+ for Satuday to YYZ. That's looking increasingly unlikely.
I've just looked at flights later in the week, if I have to move my travel, and they're all nearly double the price of my current booking
Would I be charged the difference in my booking?
I've just looked at flights later in the week, if I have to move my travel, and they're all nearly double the price of my current booking
Would I be charged the difference in my booking?
Apr 15, 2010, 2:14 pm
#75
FlyerTalk Evangelist
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