EU 261 Question / Advice Needed

MICKEYG · 02-10-2019 9:34am #1

Hi, looking for a bit of advice on a recent trip I took. An odd situation so not sure where I stand. It relates to EU261 compensation.

I was originally booked to fly home from San Juan PR (through Philadelphia) arriving back in Dublin at 8.55am on Saturday morning.
My flight to Philadelphia from San Juan was delayed (not weather related) so much that my connection was no longer possible, so I was rerouted through Chicago to arrive at 11.35am (2 hours 40 mins late).

Now, due to severe weather issues in Chicago my flight did not land until 2.22pm. So, overall, I was 5 and a half hours late landing. The EU law kicks in at 4 hours for this type of flight (type 3).

So some of the delay was Airline related (not a full 4 hour delay) and the rest weather related. Do I qualify for compensation?

Thanks in advance for your help.

martinsvi · 02-10-2019 12:57pm

EU air passenger rights apply:
If your flight is within the EU and is operated either by an EU or a non-EU airline
If your flight arrives in the EU from outside the EU and is operated by an EU airline
If your flight departs from the EU to a non-EU country operated by an EU or a non-EU airline

The first leg was a US domestic flight and is not covered by EU261.. what happened later on doesn't really matter

MICKEYG · 02-10-2019 1:28pm

OK, but my original flight into the US was scheduled to arrive at 8.55am but I did not get in until 2.22pm.
Is my original arrival time negated by the reroute?

martinsvi · 02-10-2019 2:09pm

MICKEYG wrote: »

OK, but my original flight into the US was scheduled to arrive at 8.55am but I did not get in until 2.22pm.
Is my original arrival time negated by the reroute?

I'm not sure if I understand what you're asking? Doesn't really matter what happened, you were on a non-EU airline flying a non-EU route, EU261 does not apply to you

goingnowhere · 02-10-2019 2:13pm

261 does not apply here, as it does not involve a EU carrier flying to EU

There are US DOT regulations which may offer you a claim

MICKEYG · 02-10-2019 2:52pm

Sorry, my bad, I thought it applied to all airlines where the flight originated or landed in a EU airport.

martinsvi · 02-10-2019 3:42pm

MICKEYG wrote: »

Sorry, my bad, I thought it applied to all airlines where the flight originated or landed in a EU airport.

it does, but your flight didn't originate or land in an EU airport.

MICKEYG · 02-10-2019 3:59pm

My final flight did. It was meant to land in DUB at 8.55am but did not land in DUB until 2.22pm.
My first flight (which caused all the non weather related trouble) was solely in the US (and PR).

martinsvi · 02-10-2019 4:06pm

MICKEYG wrote: »

My final flight did. It was meant to land in DUB at 8.55am but did not land in DUB until 2.22pm.
My first flight (which caused all the non weather related trouble) was solely in the US (and PR).

that's the point, your EU bound flight was not at fault and was not delayed? Or are you saying that the EU bound flight couldn't depart on time due to weather? If so, you still can't claim it due to weather. They don't look at your entire booking but treat each flights individually

MICKEYG · 02-10-2019 4:09pm

Thanks, that is the bit I was missing.
Even though my original booking was for an 8.55am arrival in the EU that was superseded by my rerouting which was delayed but the delay was weather related so no entitlement to compensation.

phildin · 02-10-2019 4:40pm

I can see why the San Juan to Chicago leg would be excluded but if the poster was expecting to arrive in Dublin at 08:55 on Saturday and they arrived more than four hours late, would they not be covered by EU 261 if the airline were an EU airline?

martinsvi · 02-10-2019 4:50pm

phildin wrote: »

I can see why the San Juan to Chicago leg would be excluded but if the poster was expecting to arrive in Dublin at 08:55 on Saturday and they arrived more than four hours late, would they not be covered by EU 261 if the airline were an EU airline?

I had to dig out the old google for this one and turns out, I've been talking porkies.. It looks like courts have made a ruling regarding this last year and indeed, if it was done under one booking, you should be covered. This was not the case some time ago and these claims would simply be rejected

https://www.independent.co.uk/travel/news-and-advice/airline-passengers-eu-compensation-delayed-connecting-flights-ecj-court-ruling-a8388201.html

I still suspect the airline will claim that your delay was weather related and there's nothing they can do about it

EU 261 Question / Advice Needed

Comments