EU/261 again: Weather
Back to Forum- This topic has 7 replies, 4 voices, and was last updated 2 Jan 2024
at 11:38 by Swissdiver.
-
- Author
- Posts
- Skip to last reply Create Topic
-
LHRSENflyerParticipantHere we go again. It’s that time of the year when delays and cancellation seem prevalent.
I remember reading about weather delays on this forum and others.
Another LX incident:
LX325 LHR/ZRH cancelled. With some justification due to snow at the airfield on 30/11/23. However, the aircraft HB-JDA assigned to the flight was shuttling to/from LHR all day and weather plus traffic compounded its delays. So it operated inbound to LHR late on LX324, the delay such that LX took the commercial operational decision to cancel LX325 at 17.10 and operate JDA instead on LX327 at 18.40. I guess there are more missed connections (and payouts on LX327).
Of course, LX denied compensation on the basis of weather. In my mind, weather is the context, the reason for the cancellation is commercial.
Appreciate any view or comments.27 Dec 2023
at 13:06
FDOSParticipantLHRSENflyer – could you give a little more info?
Were you a pax on LH325?
If so, when did you reach ZRH? Were you reaccommodated on LH327?
I don’t see an obvious successful cancellation claim, here, but there could be a failure to take ‘all reasonable circumstances’, depending on when you arrived.
27 Dec 2023
at 14:16
LHRSENflyerParticipantThanks @FDOS.
I was originally booked on LX325, got the cancellation notice via the app on the way up to LHR, so about 2.5 hours before the take-off.
LX327 was full. And ran late on that day.
I had a connecting flight on LX176 to SIN. LX327 would have misconnected due to being late.
Got reaccommodated on the direct SQ arriving pretty much the same time as originally booked with a very long wait at LHR; meal vouchers provided at LHR. So I probably ended up in a better situation as I had to be in SIN by early 2/12 at the latest and would have been delayed at ZRH on the later LX327. However, I find it unusual for the airline to blame weather when the aircraft was ready to perform duties at LHR, albeit late from earlier knock-on delays.27 Dec 2023
at 15:09
FDOSParticipantNo EC261 claim there, as far as I can see.
Annoying to have the long wait at LHR, but as you got to destination around the same time and had a refreshments voucher, I’d say that LX met their obligations.
27 Dec 2023
at 18:22
Rferguson2ParticipantYes, weather seems to be the ‘get out clause’.
I was flying LH FRA – JFK a few weeks ago when admittedly the weather was quite bad and there was quite a lot of disruption due to it. However, my flight had an aircraft that boarded on time yet we departed 40min late. The Captain clearly made an announcement that our delay was due to late loading of cargo. I missed my (same ticket) connection at JFK. Applied for EU261. Refused. Reason – weather @ FRA.
Today, due to fly LHR-MAN 07:55 flight. Can see from Flightradar24 that the aircraft has been here at LHR since last night. When having my BP scanned at First Wing security around 6:30am advised flight had just been cancelled. Directed to First Check in desk, lady advised me the system was saying cancelled due to ‘aircraft serviceability’. Rebooked on next available flight incurring three hour delay. At 7:15am send a text stating my flight had been cancelled due to ‘weather’.
1 user thanked author for this post.
28 Dec 2023
at 09:12
LHRSENflyerParticipantThanks @Rferguson2, weather does indeed seem to be the easy get out clause. I have yet another one from 19/12, Google showed a runway delay at ZRH, we’ll see how that evolves into weather prevented taxi-ing?!
28 Dec 2023
at 09:27
FDOSParticipantWeather can be tricky for EC261, as it scopes in a number of factors such as safe ramp limits, aircraft ground operation wind limits, de-icing etc. and even aircraft damage caused by some forms of weather (though not all).
ADR can be useful here, as the airlines have to show why weather is an extraordinary circumstance.
BA tried claiming headwinds in a case I brought – needless to say, that didn’t get very far.
28 Dec 2023
at 14:07
SwissdiverParticipant@LHRSENflyer, since you arrived at your final destination with no delay, there is no window for compensation in this case.
More generally, the “weather get out clause” is complicated as it is a matter of judgement. I guess such a claim in front of two different judges could lead to two different outcomes. I prefer to rely on airlines capable to deal with the situation as much as they can. And it seems to have been the case here.
1 user thanked author for this post.
2 Jan 2024
at 11:38 -
AuthorPosts