Final destination

mdann52

eskbanker said:

mdann52 said:

Compensation is only payable in the event of rerouting after a cancellation if you are scheduled to reach the final destination more than 2 hours after you were originally scheduled to do so.

That's certainly one interpretation, but I'd argue that the wording (quoted earlier) would enable compensation if actually arriving at the final destination more than two hours after scheduled arrival time.

I don't think it does. I think for reg 9, the key is the scheduling, not the actual arrival time (as this is what article 8 is for). I think the key wording is "allowing them to", not "so they arrive" - but I'm sure there's plenty of law firms who would take on such arguments! 

I can't find any case law in this area, but looking at other laws I think the rerouting and any subsequent delay are treated separately. There is A and Others v Finnair Oyj making it clear that you can claim for both a cancellation and a delay following rerouting, so I think this reinforces that a delay doesn't invalidate a cancellation rerouting (as long as it's not foreseen a the time of the rerouting anyway!)

B1B2B3 said:

mdann52 said:

Compensation is only payable in the event of rerouting after a cancellation if you are scheduled to reach the final destination more than 2 hours after you were originally scheduled to do so. Birmingham to Bristol is (just!) doable in 2 hours, so the airline might have a defence to the EU261 compensation - I suspect this will not survive at court however, especially if you can prove the time you arrived at Bristol.

Compensation for the delay is claimable if you arrived at Bristol 3 hours after your due time of the rebooked flight. You will need to be able to prove your arrival time to claim this 

Did the airline put on any transport from Birmingham to Bristol?

Thanks mdann52. I can prove my arrival
time in Bristol as I have the car park exit ticket. It was far more than 3 hours.

They didn’t suggest any transport between airports so I arranged this myself. My husband collecting me was cheaper than a train ticket tbh. It’s whether they decide to adopt what they deem fair, as then I hope I will come out ok.

In that case, claim for the compensation for a cancellation, as there was no way for you to reach your destination within the time, even without the delay. If you can prove this with the time taken from BHX->BRS, even better.

Don't focus on the delay to the flight, this is irrelevant in this case - unfortunately. I'm not convinced that accepting arrival at a different airport allows you to claim compensation for a delay as well. You need to focus on the rerouting not allowing you to reach BRS within 2 hours of the original scheduled arrival time of your flight.

eskbanker

mdann52 said:

eskbanker said:

mdann52 said:

Compensation is only payable in the event of rerouting after a cancellation if you are scheduled to reach the final destination more than 2 hours after you were originally scheduled to do so.

That's certainly one interpretation, but I'd argue that the wording (quoted earlier) would enable compensation if actually arriving at the final destination more than two hours after scheduled arrival time.

I don't think it does. I think for reg 9, the key is the scheduling, not the actual arrival time (as this is what article 8 is for). I think the key wording is "allowing them to", not "so they arrive" - but I'm sure there's plenty of law firms who would take on such arguments!

Not sure where article 9 comes into this but I was looking at article 5, where there's the reference to "offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival", but I'd forgotten that there's another provision in article 7 as well, reducing compensation by 50% "When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked by two hours, in respect of all flights of 1500 kilometres or less".

To me, these should say "scheduled to reach their final destination less than two hours after the scheduled time of arrival" and "the scheduled arrival time of which does not exceed the scheduled arrival time of the flight originally booked" if that was intended to be the measure.  However, this is all moot in the context of OP's scenario, where neither realistic 'scheduled' nor actual arrival times at BRS were within two hours of originally scheduled arrival, so I think we all agree that compensation should be payable for the cancellation of the original flight.

mdann52 said:

I can't find any case law in this area, but looking at other laws I think the rerouting and any subsequent delay are treated separately. There is A and Others v Finnair Oyj making it clear that you can claim for both a cancellation and a delay following rerouting, so I think this reinforces that a delay doesn't invalidate a cancellation rerouting (as long as it's not foreseen a the time of the rerouting anyway!)

Not sure what you mean by 'a delay invalidating a cancellation rerouting' but yes, that case is cited when emphasising the fact that the rerouted flight is a separate entity from the cancelled one, and compensation can be relevant separately to each if applicable.

mdann52 said:

B1B2B3 said:

mdann52 said:

Compensation for the delay is claimable if you arrived at Bristol 3 hours after your due time of the rebooked flight. You will need to be able to prove your arrival time to claim this

Thanks mdann52. I can prove my arrival
time in Bristol as I have the car park exit ticket. It was far more than 3 hours.

They didn’t suggest any transport between airports so I arranged this myself. My husband collecting me was cheaper than a train ticket tbh. It’s whether they decide to adopt what they deem fair, as then I hope I will come out ok.

In that case, claim for the compensation for a cancellation, as there was no way for you to reach your destination within the time, even without the delay. If you can prove this with the time taken from BHX->BRS, even better.

Don't focus on the delay to the flight, this is irrelevant in this case - unfortunately. I'm not convinced that accepting arrival at a different airport allows you to claim compensation for a delay as well. You need to focus on the rerouting not allowing you to reach BRS within 2 hours of the original scheduled arrival time of your flight.

Agreed, if the AMS-BHX flight arrived more than three hours behind its schedule then there'd have been the potential for a second compensation claim, based on that delay, but as that didn't happen, there's no scope to claim for it and OP should stick to the claim for the cancellation compensation.