EU261 delay compensation
 

My wife and I flew on the delayed CX254 LHR>HKG last Thursday. The flight arrived 3h13 late in HKG. The reason for the delay was that the arriving aircraft was delayed due to problems in China airspace. I believe this should make us eligible for EU261 compensation. I expect they will try to claim that the airspace issue was exceptional circumstances, however this was an issue for the arriving flight, not our departing flight.

Has anyone had success claiming EU261 compensation from Cathay recently? If so, how did they go about claiming it and how long did it take to get paid?

This was a redemption flight booked through BA, is there any way to claim it through BA who are more set up to routinely handle 261 claims?

Thanks

Believe it is only when more than 4 hours delayed for flights over 3,500km.

I don't believe this is correct. Over 3,500km I believe you are entitled to 50% of the compensation I.e €300 when the delay is between 3 and 4 hours. I recently claimed this on a BA KUL>LHR flight...

You are entitled for no compensation.

In fact, you answered your question yourself:

When an incoming flight is delayed due to ATC, it obviously has a domino effect to any subsequent scheduled flights, which is an extraordinary circumstance under EC261/2014.

Most information online suggests that domino effects are not classed as exceptional circumstances. Exceptional circumstances are meant to affect the flight in question directly. There looks to be a case that is regularly quoted - Jager vs easyjet that supports this. Relying heavily on a single plane to go back and forth with no backup is a risk CX chooses to take, not one that the passenger chooses.

On this particular flight CX had ample opportunity to make alternative arrangements as they knew it would be delayed many hours before the scheduled departure time. They had an earlier flight that evening which they rebooked many passengers onto, but did not contact me to offer this or in fact make me aware of the delay. They could have also rebooked us onto the VS or BA flights departing to HKG that evening.

This could be the reason why you weren't contacted by CX. Your ticket is a BA issued ticket.

If you wanted to take a different flight, then you'd have to contact BA to make alternative arrangements.

First, EC 261/2004 applies to the operating carrier and that is CX. BA has nothing to do with this so it is CX or nobody.

Second, CX may well litigate the issue. Jager is, of course, not precedent and there is a vast difference between U2's lack of backup aircraft at LGW for micro-haul's to stations such as NCE, and CX's lack of backup long-haul aircraft at an outstation such as LHR for stations such as HKG (not to mention the potential impracticality of all carriers stationing such aircraft at LHR). Thus, what might not be acceptable commercial practice for BA at its worldwide hub, might be quite reasonable for CX.

Expect a fight.

I agree domino effect is not an extraordinary circumstance per se.

However, when a flight subject to the extraordinary circumstance is affected, its domino effect can be seen as an extraordinary circumstance.

Citable or not, this case is distinguished from your encounter. At the minimum, while the easyJet flight delayed in the case used another aircraft from other routes, CX used the same HKG-LHR for your LHR-HKG.

I guess the next question is whether it is a reasonable commercial practice to schedule the return flight CX254 (10.20pm) only 1h50 after the scheduled landing time of CX 253(8.30 pm). Such a schedule obviously has no space for error and requires a very quick turnaround of the aircraft. From a maximising profit point of view you can see why they do this, but the risk of a delay is significant given the long haul nature of the flights. If CX wish to take such a risk (and reap the rewards) in their operation that's their choice, but they should accept that when operating in the EU, EC261 applies.

Anyway, I'll try to have the fight with them. Thanks for the input so far.

So OP was on CX254/25 Aug right?

The incoming CX253/25 Aug (STD: 1435HKT) was indeed delayed by around 4 hours. However, I couldn't find any CX flights from PEK/PVG in the morning to early afternoon hours of 25 Aug being significantly delayed.

Flightradar also didn't show B-KQU, the aircraft concerned, operating a mainland China sector on 25 Aug.

Am I missing something?

Interestingly, the initial checkin agent said it was a technical fault. However later the CX representative in the lounge said it was airspace. Wonder if they changed their story...

Have you considered getting a life?

I don't think this a reasonable response. EU261 is available to compensate delays to passengers and the OP is asking about people's experience in claiming.

Deleted

Long haul flights RARELY get affected by airspace issues imho - and the delay here seems very much more possibly coming from technical issues rather than some delay of airspace limitation.

The thing that some posters might not agree with (I'd also let it slip, to be honest) is that the delay was below 4hrs.. with 3-4hrs being a bit "grey" area.

I'd - in your position - ask for EU261 compensation, and once Cathay denied it (from what it looks like already happened) then try if any EU261 claim agency will "buy" your case, and let them grind it out.

If it works, great, 200€+ per person, if they're not interested in your case, maybe try to argue with CX for some kind of voucher or free miles.. (if you like)..