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Old Apr 16, 2010, 8:33 pm
  #16  
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I have just spoken to QF regarding "care" (accommodation etc).

The agent categorically stated that QF will not provide or pay for accommodation, and it is something that individuals will have to take up with their travel insurer.

Clearly, if the operating carrier were BA, they would be obliged to provide "care" under the EU Regulation (EC) No 261/2004. So, here is another advantage of travelling on a EU carrier.

At least this info will help people who may have to hold on the phone for a long time trying to find out about it.

I'm currently working on finding out the "refund" issue as to how it will be calculated. I have a nasty feeling that once one has commenced travel, it may be recalculated as a one-way fare and therefore get no refund at all, but then again, it might well be more generous than that.

Further to the paragraph above, I have just been advised that they will indeed recalculate the fare as one way if you choose to get a refund. So unless you are on full-fare ticket, don't even think about it!

Last edited by LTN Phobia; Apr 16, 2010 at 8:49 pm
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Old Apr 16, 2010, 9:29 pm
  #17  
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Originally Posted by LTN Phobia
... Clearly, if the operating carrier were BA, they would be obliged to provide "care" under the EU Regulation (EC) No 261/2004. So, here is another advantage of travelling on a EU carrier. ...
Any commercial Flight departing from an EU port is obligated under the terms of EU Regulation (EC) No 261/2004. e.g. QF32 ex LHR, QF6 ex FRA.

Methinks this event may come under the definition of "Extraordinary Circumstances", in which case, not even BA would be obligated to pay €600 compensation.

Of course, 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 - with no exceptions for "Extraordinary Circumstances" - see below.

Last edited by serfty; Apr 16, 2010 at 9:52 pm
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Old Apr 16, 2010, 9:33 pm
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BA have never once paid out under the EU regulations. This is clearly something that is beyond their control in any event. It's what you have travel insurance for.
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Old Apr 16, 2010, 9:44 pm
  #19  
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Note however that under the terms of this regulation, there is no clause in relation to "extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken" that allow to airlines to avoid their duty of care obligations. They must feed and accommodate passengers.

http://eur-lex.europa.eu/LexUriServ/...4R0261:EN:HTML
Article 6

Delay

1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:

(a) for two hours or more in the case of flights of 1500 kilometres or less; or

(b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or

(c) for four hours or more in the case of all flights not falling under (a) or (b),

passengers shall be offered by the operating air carrier:

(i) the assistance specified in Article 9(1)(a) and 9(2); and

(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).
Article 9

Right to care

1. Where reference is made to this Article, passengers shall be offered free of charge:

(a) meals and refreshments in a reasonable relation to the waiting time;

(b) hotel accommodation in cases

- where a stay of one or more nights becomes necessary, or

- where a stay additional to that intended by the passenger becomes necessary;

(c) transport between the airport and place of accommodation (hotel or other).

2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.

3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.
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Old Apr 16, 2010, 9:50 pm
  #20  
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Originally Posted by ozzie
BA have never once paid out under the EU regulations. This is clearly something that is beyond their control in any event. It's what you have travel insurance for.
They actually have!

There are several threads on the BA FT forum regarding this.
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Old Apr 16, 2010, 9:58 pm
  #21  
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NATS Extends Closure until 1900 17/4

An update as at 0430GMT 17/4. Flights across the UK remain grounded and NATS has extended the UK airspace closure to 1900 GMT on Saturday 17/4. The next NATS review is scheduled for 0900 GMT on Saturday 17/4
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Old Apr 17, 2010, 12:25 am
  #22  
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Originally Posted by serfty
Any commercial Flight departing from an EU port is obligated under the terms of EU Regulation (EC) No 261/2004. e.g. QF32 ex LHR, QF6 ex FRA.

Methinks this event may come under the definition of "Extraordinary Circumstances", in which case, not even BA would be obligated to pay €600 compensation.

Of course, 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 - with no exceptions for "Extraordinary Circumstances" - see below.
I should have been clear - I am in Australia and therefore my QF flight is not subject to the EU reg, whereas if I were on a EU carrier, it would have been subject to EU reg even if I am flying into and not [i]from[i] EU port, in terms of the care provision (although multi-sector flight into EU of course muddies the water a bit? But that's beside the point somewhat).

Clearly, EU compensation does not apply in this case or even to an EU carrier. That should be quite obvious to everyone but the Care provision still applies as long as the flight is from an EU port or is to an EU port on a EU carrier even if it is from a non-EU port.

Next time, I will definitely be booking on an EU carrier because my insurer is horribly slow at settling claims. EU regs keep things a bit more simple.
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Old Apr 17, 2010, 12:29 am
  #23  
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Originally Posted by ozzie
BA have never once paid out under the EU regulations. This is clearly something that is beyond their control in any event. It's what you have travel insurance for.
BA has paid me the 'care' component without ifs or buts, fairly quickly, despite the issue being outside their control. They've also paid out on other things too. In fact, they have treated me quite well considering I do not even hold any status with them (although admittedly I do spend rather a lot of money with them, I don't think they are tracking it).

I have three travel insurances covers somehow, but that is not the point. It's such a slow and painful process to claim that it's much more simple to deal with things under the EU regs.
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Old Apr 17, 2010, 12:31 am
  #24  
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Originally Posted by LTN Phobia
Next time, I will definitely be booking on an EU carrier because my insurer is horribly slow at settling claims. EU regs keep things a bit more simple.
Wouldn't the better situation be to change insurers to one that pays out quickly and efficiently. Last time I claimed off of travel insurance it was paid within 4 days.

Dave
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Old Apr 17, 2010, 12:53 am
  #25  
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Originally Posted by Dave Noble
Wouldn't the better situation be to change insurers to one that pays out quickly and efficiently. Last time I claimed off of travel insurance it was paid within 4 days.

Dave
Easier said than done, given the type and level of cover require, and far too late for this particular instance. My insurance requirements (not medical type of thing, it's just my travel and living patterns) are more complex than most people's and it's hard to get the cover I need. Only one of my three insurance policies covers everything as I want.
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Old Apr 17, 2010, 2:20 am
  #26  
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NATS Extends Closure until 0100 GMT 18/4

An update as at 0900 GMT 17/4. Flights across the UK remain grounded and NATS has extended the UK airspace closure to 0100 GMT on Sunday 18/4.

Received a call from QF Premium in Melbourne confirming the flights I had been rebooked on for Saturday 17/4 have all been cancelled.
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Old Apr 17, 2010, 2:56 am
  #27  
 
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ChrisG, many thanks for the regular updates from NATS - very helpful. My flight to Europe is now officially cancelled, so I won't be travelling (and can stop looking for updates) but at least I'm already at home. Really hope the flights come through for you and you are back soon.
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Old Apr 17, 2010, 3:27 am
  #28  
 
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Originally Posted by Aus_Mal
Qantas waiver for changes to bookings affected by Volcano etc now applies to flights 15-18April (previously it was only 15-16 April)

http://www.qantas.com.au/travel/airl...lobal/en#jump1
Now extended to 22 April.

We are due to fly LHR-MEL on 26 April. Since all QF flights to UK and Europe have now been cancelled, I doubt that we will be flying on our appointed date.
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Old Apr 17, 2010, 5:57 am
  #29  
 
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Originally Posted by celle
We are due to fly LHR-MEL on 26 April. Since all QF flights to UK and Europe have now been cancelled, I doubt that we will be flying on our appointed date.
I'm doing LHR-SYD on the same day. Although it's over a week away I am starting to get a tiny bit worried as well, this could go on for some time...
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Old Apr 17, 2010, 8:05 am
  #30  
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NATS Extends Shutdown to 0700 GMT Sunday 18/4

Based on the extension of the NATS shutdown BA have cancelled all short haul flights out of LHR and LGW until at least Monday morning.

The UK Met office is saying the current weather pattern over Europe combined with the increase in the flow of Volcanic ash into European airspace indicates the closure may continue for up to another 4-6 days.

Apart from sitting this whole scenario out in London does anyone have any alternative suggestions on how to get from London back to Sydney via alternative means (excluding walking and swimming).

A couple of scenarios come to mind:

Eurostar to Brussels
Thalys train to Cologne
Russian Railways Sleeper train to Moscow
Emirates to Sydney via Dubai

or

Eurostar to Paris
Paris to Bologna overnight on the Artesia sleeper train 'Palatino'
Bologna to Bari by Eurostar City train
Sail from Bari to Patras in Greece
Patras to Athens by train
Emirates to Sydney via Dubai

These two scenarios assume that both Athens and Moscow airports remain open for arrivals and departures.

Does anyone have any additional suggestions?
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