EC 261 and weather in another country on another day as excuse

  • Hi Guest, welcome to the help forum. You can get fast answers to your customer service questions here. We have a dedicated team of advocates who are ready to help. Just go to the section that matches your question and ask us!
  • If you've posted a question or issue for our advocates to assist with, please be sure to check back frequently for responses and requests for clarification.
  • Did you know you can get email notifications when something new posts to your favorite forum? It's easy. Just click the "watch" link right next to the "post new thread" button at the top of your favorite forum. The rest is easy. Now you'll never miss another conversation.
  • Want to become an expert user? Drop by the How to use this forum section and all will be revealed. We'll show you how to make the most of your experience.
Sep 18, 2018
2
0
1
58
#1
Hi,

Questions for those familiar with EC 261 regulations and its extra ordinary circumstances exceptions.

Our flight out of Europe was delayed by 12 hours because inbound flight on previous day from USA was delayed by 13 hours and airline had no alternate equipment available. Weather on our travel day was picture perfect at origin, destination and along the way (ALL flights operated by all carriers flew fine that day).

is weather on another continent on prior days a valid weather exception under EC 261 or airline is just trying to avoid meeting its obligations under EC 261?
(how many days an airline is allowed to use cascading delays as an excuse for local weather event on another continent)

Thanks.
 
Sep 19, 2015
3,138
4,329
113
48
#2
Hi Koomar short answer is it depends. It depends on what the weather was that delayed the inbound flight --

Court case on a the delay of an outgoing flight which was delayed because the incoming flight had to make an emergency landing because of thunderstorms -- thunderstorms are enough of a reason for the delay in the incoming flight and the subsequent delay of the outgoing flight and no compensation was paid.

District Court of Darmstadt, (judgment of 6 November 2013 – 7 S 208/12)

If the weather was extreme enough -- let's look at what recently happened in NC -- anyone in Europe waiting for those planes is likely not eligible for cash compensation
 
Sep 19, 2015
3,138
4,329
113
48
#3
Sorry that I was not more helpful -- but if the delay on the other continent was extreme -- thunderstorms, lightening etc, and this is an airline that does not have a hub or large presence in Europe (think of AA in Paris vs Air France) it is likely that cash compensation will not apply.
 
Likes: Neil Maley
Sep 18, 2018
2
0
1
58
#4
Thank you for your quick response.
Fully understandable if situation is like NC as it affects many flights across all airlines.

In our case, we noticed that our inbound was the only Europe bound flight held back by the airline for 13 hours (until next morning), all other (about a dozen) flights by all airlines end up flying that day with 0 to 3 hours delay. Difficult to digest that only 1 flight out of 14 got affected by weather selectively for so many hours. Verbal explanation given to us by airline ground staff was that airline has internal prioritization order for crew assignment during IROPS and our European city is at the bottom. However, once airline has coded "weather" as reason in its internal system, it is a tough uphill battle.

How do you enforce EC 261 obligation as a US based customer on US based airline (American Airlines from GLA to PHL in our case)?
 
Last edited:

Neil Maley

Moderator
Staff Member
Advocate
Dec 27, 2014
14,644
13,739
113
New York
www.promalvacations.com
#5
Sep 19, 2015
3,138
4,329
113
48
#6
Thank you for your quick response.
Fully understandable if situation is like NC as it affects many flights across all airlines.

In our case, we noticed that our inbound was the only Europe bound flight held back by the airline for 13 hours (until next morning), all other (about a dozen) flights by all airlines end up flying that day with 0 to 3 hours delay. Difficult to digest that only 1 flight out of 14 got affected by weather selectively for so many hours. Verbal explanation given to us by airline ground staff was that airline has internal prioritization order for crew assignment during IROPS and our European city is at the bottom. However, once airline has coded "weather" as reason in its internal system, it is a tough uphill battle.

How do you enforce EC 261 obligation as a US based customer on US based airline (American Airlines from GLA to PHL in our case)?
What may happen is crew time outs or other issues— but interesting how AA put the GLA plane low on priority. Have you already tried to claim? There should be a way to do it online. I would try and see what happens. Do you live in the US or UK?
 
Likes: Neil Maley