laxmillenial

Friend didn't miss a connection. Itinerary terminated at JFK.

Below is how I interpreted the EU261 rules (taken from United's forum discussion of EU261)

→ Compensation in case of cancellations and delays of 3 hours or more:

• €250* for all flights less than 1,500km
• €400* for all intra-EU flights more than 1,500km
• €400* for all other flights between 1,500 and 3,500km
• €600* for all flights not falling under the conditions as listed above

→ *The compensation described above is sometimes reduced by ½ in court if the following conditions are met:

• If you arrive within two (2) hours after your original arrival time for flights 1,500km or less then €125.is due
• If you arrive within three (3) hours after your original arrival time for intra-EU flights greater than 1,500km then €200 is due.
• If you arrive within three (3) hours after your original arrival time for all other flights between 1,500km - 3,500km then €200 is due.
• If you arrive within four (4) hours after your original arrival time for all other flights not listed above then €300 is due.

Stgermainparis

Did you read through this thread before posting (the DL one)? Because Post #66 and onwards describes a situation like yours (3.5 hours arrival delay though a connection in middle). It seems I was incorrect. Go back and read 66-67.

boboqui

Today's DL217 PDL-JFK scheduled departure at 8:15AM was delayed until 2PM. Do I have a case?

Stgermainparis

Kacee

That is an extremely small set of qualifying circumstances. Snow in July might qualify.

boboqui

Last night's rain in NY delayed the incoming aircraft, causing today's flight delay. Should I go ahead and file a claim?

flyerCO

File, but expect the answer is no
The flight is late due to weather.

boboqui

But the weather in the Azores was fine all week.

If Delta denies my claim can I go to airhelp, or does airhelp have to file the original claim?

Kacee

Inbound delayed by weather is not a valid grounds for denial.

Try DL first, if they deny, give it to one of the services that will prosecute for a share of the recovery.

Sorry, that's not how EC261 works.

pvn

are you connecting at JFK or is that your final destination? EC261 compensation isn't based on departure delays but arrival (at final destination) delays.

flyerCO

Since when? No where in the rule does it require airline to have what would amount to one time use aircraft. If you're referring to the Easyjet case, 1)it's not binding precedent, 2)was deemed way too broad and 3)even in light of that case the nation enforcement agencies agreed that airlines could still deny claims. It would just be a higher burden.

If I've missed a binding case since then please let me know.

If this was a BA flight then it likely wouldn't be considered a defense as they have multiple aircraft and crew they could send. However this is an outstation on the otherwise of the Atlantic for Delta. It's not reasonable for Delta to be able to source a replacement plane and/or crew to operate.

boboqui

Often1

1. You can go to one of the claims agencies after DL denies your claim. Those agencies are a good sounding board as they don't get paid unless they collect and they only bring claims where they know they can win. However, you may find it hard given that any claim will need to be filed in Portugal or perhaps specifically a court in the Azores and the claims agencies can be quite picky.

2. It is completely untrue that a late-arriving aircraft due to poor weather is not extraordinary circumstances. It is all about reasonableness. It is likely reasonable for DL to have a spare aircraft and crew at LHR, given the volume of its TATL service. But, at PDL, it would not likely be reasonable for DL to have a spare aircraft and crew and there is not likely anywhere closer than LHR with one, meaning that sending that aircraft to PDL to operate PDL-JFK would almost certainly result in a 3+ or 4+ hour delay.

I would expect DL to rightfully deny the claim and it be quite hard for OP to find a claims agency to take this on.

boboqui

Thanks for the heads-up! Let's see what happens. Getting €800 in credits for staying by the pool all morning while waiting for the flight would be the cherry on top of the cake!

exwannabe

My understanding is that a WX inbound is not IN ITSELF sufficient to deny compensation. The basis for that rulling was that often an airline could reasonably have ability to handle it by swapping equipment.. An obvious example would be at a major hub.

I assume in this case DL would have had a single flight in/out. So could not reasonably be expected to have a backup. And thus no soup for OP :-)

[Sorry OP, but you you might as well submit and see if it works. Likely to get some happy miles even if they deny it]