BA16 SYD-LHR 2 Dec, delayed overnight
#16
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The cancelled flight operates on an EU carrier between two countries outside the EU. What remains to be seen and is yet undecided is whether either UK or EU courts (ultimately) determine that the same principle which would apply in the other direction, e.g. LHR-SIN-SYD, would apply for SYD-SIN-LHR where the delay into LHR exeeds 3 or 4 hours as the case may be.
#17
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Indeed, it seems rather like the 'flipside' of the Gahan decision. Arguable either way but I wouldn't be at all surprised if a court found an EU carrier liable in this situation.
https://www.twobirds.com/en/news/art...ble-for-delays
https://www.twobirds.com/en/news/art...ble-for-delays
#18
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That's hardly a reason for kicking oneself; more an occasion to sing along with Doris Day.
#19
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There are costs associated with doing that (e.g. spare aircraft, spares, storage thereof, extra staff etc. for faster response to any defects) though, which will be passed on.
#20
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#21
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Aircraft and associated costing is pretty complex and interesting.
#22
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The problem is that the original language of EC 261/2004 has been perverted by the courts which have read into the Regulation language which a perfectly competent EC was capable of writing itself had it wanted to.
The Regulation as adopted and enforced by Switzerland, not a Member State, gives a more accurate view of how it ought to operate and creates and maintains the incentives for carriers to operate in a timely, efficient, and safe manner.
The Regulation as adopted and enforced by Switzerland, not a Member State, gives a more accurate view of how it ought to operate and creates and maintains the incentives for carriers to operate in a timely, efficient, and safe manner.
#23
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If booked on the direct flight SYD-LHR it is a flight on an EU carrer from outside the EU to the EU and so is covered
Given how clear the text is to what flights are applicable, I would be surprised if anyone has tried taking to court the situation where a flight that is completely operated outside of the region where the law apples - I would be even more surprised if someone had won such a case
Last edited by Dave Noble; Dec 2, 2018 at 4:24 pm
#24
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#25
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You have never attempted to get compensation from LX!
#26
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Given how clear the text is to what flights are applicable, I would be surprised if anyone has tried taking to court the situation where a flight that is completely operated outside of the region where the law apples - I would be even more surprised if someone had won such a case
Personally if I were in this situation I wouldn't have much hesitation about taking the argument to court. That's of course assuming there isn't case law on the point already, which I haven't checked.
#27
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And back to the original topic it is very rare for that flight to be cancelled and is of interest (it's my most frequent LH flight)... would be interested to hear how BA either re-routed or otherwise looked after people as they don't have a lot of (any) spare aircraft in that part of the world and so if they weren't pushing them onto other carriers then they're going to have trouble getting them out the next day...
#29
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And back to the original topic it is very rare for that flight to be cancelled and is of interest (it's my most frequent LH flight)... would be interested to hear how BA either re-routed or otherwise looked after people as they don't have a lot of (any) spare aircraft in that part of the world and so if they weren't pushing them onto other carriers then they're going to have trouble getting them out the next day...
#30
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Firstly, it's really not that clear. Secondly, the courts haven't exactly shied away from tortuous interpretations of the regulation to find in favour of the consumer on points like these.
Personally if I were in this situation I wouldn't have much hesitation about taking the argument to court. That's of course assuming there isn't case law on the point already, which I haven't checked.
Personally if I were in this situation I wouldn't have much hesitation about taking the argument to court. That's of course assuming there isn't case law on the point already, which I haven't checked.
The passenger might however argue that they had paid for a trip from LHR-SYD on one ticket which was delayed by failure of BA equipment and who knows the courts might back the consumer.
With 600 at stake it might be worth a punt, or at least a call to Bott & Co.