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22 & 23 Jan : disruption : fog delays at LHR

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22 & 23 Jan : disruption : fog delays at LHR

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Old Jan 23, 2023, 2:50 pm
  #181  
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Originally Posted by Professor Yaffle
I presume the weather precludes any EU261 action? (though AA got away on time...)
The 5 hour rule is correct. But on the face of it you can claim EC261 delay compensation, assuming you are delayed more than 3 hours into LHR. This is because you appear to have asked to be transferred to an AA service, which had space, BA refused and thus "LE versus TAP" applies. Let's see how late you are into LHR however, and assuming LHR is your end point.
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Old Jan 23, 2023, 4:46 pm
  #182  
 
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I’m stuck in Berlin as my Wednesday flight home has been cancelled and I’ve been pushed back to Thursday. I should have been here Sunday afternoon but it was nearly 23:00 before we landed. Ho hum.
I guess it’s knock on disruption. No sane Y alternatives back to MAN on Wed under £1k 😳
Can I accept the 24 hr delay “under protest” claim my hotel extension and reasonable meals? Is there a 261 claim or can BA claim they need several days to recover from a bit of fog?
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Old Jan 23, 2023, 8:00 pm
  #183  
 
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Originally Posted by Door5L
Quite a few delays now at LHR with most BA flights awaiting clearance due to the weather. Be patient today if you are travelling. Stay warm.
This reminds me of my unfortunate experience at LHR 11 & 12 Dec , 2022. Travel safe everyone!
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Old Jan 24, 2023, 2:52 am
  #184  
 
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If you are automatically rebooked on a BA flight but subsequently call up and rebook yourself onto to the earliest flight available (requiring transit but still arriving more than 12hrs late) - I presume you have then given up your rights to any EC delay compensation (assuming it even applies here - I'm sure BA will state that "fog" counts as a weather delay)?
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Old Jan 24, 2023, 3:04 am
  #185  
 
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Originally Posted by ManInExitRow
I’m stuck in Berlin as my Wednesday flight home has been cancelled and I’ve been pushed back to Thursday.
Your Wednesday cancellation is more likely due to the employees of Berlin airport being on strike.
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Old Jan 24, 2023, 6:50 am
  #186  
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Originally Posted by eh220160
If you are automatically rebooked on a BA flight but subsequently call up and rebook yourself onto to the earliest flight available (requiring transit but still arriving more than 12hrs late) - I presume you have then given up your rights to any EC delay compensation (assuming it even applies here - I'm sure BA will state that "fog" counts as a weather delay)?
No, you don't forfeit your right to compensation for a cancelled flight but there will no comp. due as/if the flight was cancelled due to fog/weather, so it doesn't really matter.
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Old Jan 24, 2023, 6:56 am
  #187  
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Originally Posted by corporate-wage-slave
The 5 hour rule is correct. But on the face of it you can claim EC261 delay compensation, assuming you are delayed more than 3 hours into LHR. This is because you appear to have asked to be transferred to an AA service, which had space, BA refused and thus "LE versus TAP" applies. Let's see how late you are into LHR however, and assuming LHR is your end point.
I doubt this is going to fly. There is no right to request to be put on an earlier OAL flight in case of a minor delay like this - just because there is a flight departing to the destination earlier than the delayed flight, it doesn't mean that there is a right to be rebooked. The fact that the OP was (rightfully) denied to rebooked to AA in this situation doesn't mean that suddenly 261 comp. is due (in a situation where it is clearly otherwise not due because at outstation incoming aircraft delayed due to weather)
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Old Jan 24, 2023, 7:19 am
  #188  
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Originally Posted by SK AAR
I doubt this is going to fly. There is no right to request to be put on an earlier OAL flight in case of a minor delay like this - just because there is a flight departing to the destination earlier than the delayed flight, it doesn't mean that there is a right to be rebooked. The fact that the OP was (rightfully) denied to rebooked to AA in this situation doesn't mean that suddenly 261 comp. is due (in a situation where it is clearly otherwise not due because at outstation incoming aircraft delayed due to weather)
So did the CJEU get it wrong over LE versus TAP? You are correct that there isn't an explicit right to being rebooked, but there is an explicit right to compensation if not rebooked and unnecessarily delayed, including in Extraordinary Circumstances.
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Old Jan 24, 2023, 7:35 am
  #189  
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I think you may be trying to stretch TAP a bit too far tbh. TAP was a 24 hour delay so there would be no possibility to reduce to under the threshold unless rebooked - which TAP refused.

In this case due to the level of the delay it’s not even clear they would actually be delayed sufficiently to be in scope. Also the underlying reasons are still relevant so even if delayed beyond the threshold compensation may still not be due.
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Old Jan 24, 2023, 7:35 am
  #190  
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In that matter the delay was almost 24hours. No sane judge is going to order payment of EU 261/04 comp. because the OP was on a 4 hour delayed BA flight from LAX and asked to be rebooked OAL.
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Old Jan 24, 2023, 7:38 am
  #191  
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Originally Posted by KARFA
I think you may be trying to stretch TAP a bit too far tbh. TAP was a 24 hour delay so there would be no possibility to reduce to under the threshold unless rebooked - which TAP refused.

In this case due to the level of the delay it’s not even clear they would actually be delayed sufficiently to be in scope. Also the underlying reasons are still relevant so even if delayed beyond the threshold compensation may still not be due.
This is spot on/very well said, Sir.
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Old Jan 24, 2023, 8:40 am
  #192  
 
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My flight from AGP was delayed yesterday due to the fog issue.

Then after boarding someone decided to self-offload. Thanks mate.

Then our gate was occupied when we got to Heathrow.

But I got home, not too late, well looked after by an excellent crew and my goodness, what's happened to CE catering, it was so much better than before in both directions. Quite impressed.

Oh, and the food and beverage options at the lounge in AGP have also improved a lot. Who knows, maybe things are getting better again!

Back to my boat now.
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Old Jan 24, 2023, 9:40 am
  #193  
 
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Originally Posted by corporate-wage-slave
The 5 hour rule is correct. But on the face of it you can claim EC261 delay compensation, assuming you are delayed more than 3 hours into LHR. This is because you appear to have asked to be transferred to an AA service, which had space, BA refused and thus "LE versus TAP" applies. Let's see how late you are into LHR however, and assuming LHR is your end point.
Interesting,thanks. BA staff at the airport agreed to move me in the end, which was much appreciated. First on AA is fine, not great - seats felt like 1990s vintage, but I slept just fine.e
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Old Jan 25, 2023, 4:47 am
  #194  
 
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Just to highlight how important the remote de-icing facility now is to BA, over the past few days (Sun-Tuesday) nearly 75% of all BA departures have used JEDI to de-ice the airframe. In previous mass de-icing events it's been 20-30%.
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Old Jan 25, 2023, 4:57 am
  #195  
 
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Originally Posted by Heathrow Tower
Just to highlight how important the remote de-icing facility now is to BA, over the past few days (Sun-Tuesday) nearly 75% of all BA departures have used JEDI to de-ice the airframe. In previous mass de-icing events it's been 20-30%.
That’s impressive. I remember the days before Jedi and the struggle to de-ice on stand. Without Jedi there would be a lot more disruption than we’ve seen recently.
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