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Rerouted flight compensation

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  • 08-02-2013 12:54pm
    #1
    Registered Users Posts: 13,942 ✭✭✭✭


    My wife was booked with Air France from Dublin to a non-EU destination via Paris. 2 legs. Because of delays getting out of Dublin, (not caused directly by weather, allegedly de-icing) she and 3 others missed their connection in Paris and were rerouted. She arrived at their destination 5 hours and 18 minutes after their scheduled arrival. Dublin-destination is between 1500km and 3500km, Paris-destination less than 1500km. From the table below at http://www.citizensinformation.ie, it seems to me she is entitled to claim for €400 for this delay. Is my interpretation correct or will the distance only apply to the 2nd leg? It was a through ticket all booked via Air France although the 2nd leg was with another non-EU carrier. Should we expect Air France to initially refuse because deicing was an "extraordinary event"?

    Type of flight - Delay - Compensation
    Flights of 1500km or less 2 hours or less €125
    Flights of 1500km or less more than 2 hours €250
    Flights of over 1,500 km within the EU and other flights between 1,500 and 3,500 km 3 hours or less €200
    Flights of over 1,500 km within the EU and other flights between 1,500 and 3,500 km more than 3 hours €400
    All other flights 4 hours or less €300
    All other flights more than 4 hours €600
    Thank for any advice


Comments

  • Registered Users Posts: 9,208 ✭✭✭keithclancy


    De-icing was required a result of weather, this is not covered.

    Even if it was the compensation only applies to each flight not the entire booking.

    It would be crazy as you could have multiple legs booked on the same ticket over 3 - 4 weeks.


  • Registered Users Posts: 13,942 ✭✭✭✭josip


    De-icing was required a result of weather, this is not covered.

    I disagree. There's a difference between a snow storm which closes an airport and routine de-icing which is commonplace and not unexpected at Northern European airports in winter.

    "As under the Montreal Convention, obligations on operating
    air carriers should be limited or excluded in cases
    where an event has been caused by extraordinary
    circumstances which could not have been avoided even
    if all reasonable measures had been taken. Such circumstances
    may, in particular, occur in cases of political
    instability, meteorological conditions incompatible with
    the operation of the flight concerned, security risks,
    unexpected flight safety shortcomings and strikes that
    affect the operation of an operating air carrier."
    http://www.aviationreg.ie/_fileupload/Image/Regulation%20EC261%202004.pdf
    Even if it was the compensation only applies to each flight not the entire booking.

    It would be crazy as you could have multiple legs booked on the same ticket over 3 - 4 weeks.
    I never referred to the entire booking (ie incl return trip). My query was about her through ticket for the outward journey.

    "Through Fare - A fare applicable for travel between two consecutive fare construction points via an intermediate point(s)."
    IATA Term #878

    Finally, there appears to be a precedent for our particular situation:
    http://www.euclaim.co.uk/news/277/www.twitter.com/euclaimcom

    "The Court in The Hague is very clear in her judgment. The passengers arrived with a delay of more than three hours at their final destination. The fact that they need multiple flights to get there is irrelevant. At the moment of the flight, there were no bad weather conditions on the departure and/or arrival airport."


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