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Forums Other Flight changes and cancellations help Flight delayed due to poor weather of previous leg at a third destination

  • chungcyk 21 posts

    Hi all, I’ve read quite a few articles and it’s all coming back a bit conflicting for me – so thanks all in advance for your advice.

    We flew back from Bergen to LGW on Monday night with Norwegian, the flight ended up 3hr25 leaving Bergen. The previous leg of the plane journey was Oslo and Bergen, and apparently they had poor weather (snow) in Oslo, then they needed to find new crew in Bergen due to the working hours.

    I can see that EU261 doesn’t quite cover weather events, though arguably weather at Bergen and journey to London was perfect (Very lucky I know for Bergen!)

    So will be good to hear your thoughts on what the chances are of claiming the delay compensation?

    On a separate note, it looks like we might be entitled around £200 (whatever it was in Euros) each if successful but our flight was only £90. Does this cap at the flight price or the amount relates to inconvenience? It really was quite inconvenient at the end as it was so delayed that the trains from Gatwick back to London was one an hour, so ended up being a very expensive Uber trip home….

    JDB 4,649 posts

    An airline is allowed to invoke ‘extraordinary circumstances’ (ie weather in this situation) for up to three previous rotations of the aircraft, so Norwegian is unlikely to pay. The amount of compensation is fixed at €250/£220 for the shortest journeys irrespective of the fare you paid.

    BA Flyer IHG Stayer 2,260 posts

    We flew back from Bergen to LGW on Monday night with Norwegian, the flight ended up 3hr25 leaving Bergen. The previous leg of the plane journey was Oslo and Bergen, and apparently they had poor weather (snow) in Oslo, then they needed to find new crew in Bergen due to the working hours.

    That’s irrelevant to any claim. What matters is the difference between scheduled and actual arrival times

    chungcyk 21 posts

    Thanks both! Sounds like we need to keep our expectation low then! We actually also arrived 3hr25 late too – but thanks for noting!

    Richie 1,040 posts

    Is snow in Oslo extraordinary weather?

    Strilen 9 posts

    Is snow in Oslo extraordinary weather?

    Probably depends what you mean by “snow”. If as here an inch in a day brings South of England to a standstill, whilst in Oslo 6 inches in an hour might generate problems….

    BA Flyer IHG Stayer 2,260 posts

    Is snow in Oslo extraordinary weather?

    Weather is always extraordinary according to the regulation.

    Imagine having different definitions of what weather is or isn’t extra ordinary for every airport in the EU and every airport outsode of the EU where a EU based airline flies from so as to make the exeception apply or not.

    Richie 1,040 posts

    Is snow in Oslo extraordinary weather?

    Weather is always extraordinary according to the regulation.

    Imagine having different definitions of what weather is or isn’t extra ordinary for every airport in the EU and every airport outsode of the EU where a EU based airline flies from so as to make the exeception apply or not.

    There’s historical weather data available, perhaps AI can help with the data crunching.

    JDB 4,649 posts

    It’s not the weather records that matter, it’s the ATC or airport restrictions associated with that weather that’s relevant.

    JDB 4,649 posts

    Is snow in Oslo extraordinary weather?

    Probably depends what you mean by “snow”. If as here an inch in a day brings South of England to a standstill, whilst in Oslo 6 inches in an hour might generate problems….

    That’s a simple cost/benefit calculation. In the south of England we have relatively few ‘snow’ days so purchasing the equipment to deal with snow events, together with its storage, maintenance and associated training cannot be justified. The other issue with OSL vs LHR/LGW is that OSL is not a congested airport so that if movements are restricted by the weather conditions or runway snow clearance the effect is much more limited. It’s so easy to criticise if the facts are ignored.

    Mouse 190 posts

    An airline is allowed to invoke ‘extraordinary circumstances’ (ie weather in this situation) for up to three previous rotations of the aircraft, so Norwegian is unlikely to pay. The amount of compensation is fixed at €250/£220 for the shortest journeys irrespective of the fare you paid.


    @JDB
    I guess the three rotations rule is case law? I don’t suppose you have a reference handy? I would be interested to read.

    BA Flyer IHG Stayer 2,260 posts

    There’s historical weather data available, perhaps AI can help with the data crunching.

    And then what?

    Let’s say the numbers have been crunched and OSL has been closed due to weather 5 days on average in January because of weather.

    Do you then say that the first 5 times in January the airport is closed aren’t extraordinary so compo gets paid but the 6th time is and no compo?

    But what if it’s not OSL that’s closed but you’re flying from there to ARN and ARN has a different weather exemption quota?

    Who does the counting of all these days?

    JDB 4,649 posts

    An airline is allowed to invoke ‘extraordinary circumstances’ (ie weather in this situation) for up to three previous rotations of the aircraft, so Norwegian is unlikely to pay. The amount of compensation is fixed at €250/£220 for the shortest journeys irrespective of the fare you paid.



    @JDB
    I guess the three rotations rule is case law? I don’t suppose you have a reference handy? I would be interested to read.

    Yes, it comes from a CJEU decision WZ v Austrian Airlines AG (Case C-826/19). It’s a post Brexit decision but has been considered in numerous English cases. As ever, the specific circumstances of each case will determine the application of the case, notably establishing the direct causal link.

    Mouse 190 posts

    Yes, it comes from a CJEU decision WZ v Austrian Airlines AG (Case C-826/19). It’s a post Brexit decision but has been considered in numerous English cases. As ever, the specific circumstances of each case will determine the application of the case, notably establishing the direct causal link.


    @JDB
    thank-you!

    JDB 4,649 posts

    Yes, it comes from a CJEU decision WZ v Austrian Airlines AG (Case C-826/19). It’s a post Brexit decision but has been considered in numerous English cases. As ever, the specific circumstances of each case will determine the application of the case, notably establishing the direct causal link.



    @JDB
    thank-you!

    Airlines will also rely on Recital 15 which doesn’t say three rotations, but “one or more” and relates specifically to ATC, although that will often be closely tied to weather.

    0 post

    EU261 might not cover weather delays, but crew working hour issues could be a potential claim. Compensation depends on the delay’s length and flight distance, so it’s not necessarily capped at your ticket price. Those extra expenses like the pricey Uber could count.

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