24 December, 2008 Adjust font size:

European Court makes ruling over airline compensation

The European Court of Justice has ruled that airlines should compensate passengers if they cancel a flight for technical reasons, unless they can prove that circumstances are "extraordinary".

It says "extraordinary" circumstances would include a defect revealed by the manufacturer, or acts of sabotage or terrorism.

But technical problems which come to light during maintenance of aircraft, or on account of failure to carry out such maintenance, do not make airlines exempt from compensating passengers.

"It is not ruled out that technical problems are covered by 'exceptional circumstances' to the extent that they stem from events which are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control," said the Court.

The move was welcomed by Francesca Ecsery, general manager of Cheapflights.co.uk.

“Safety is important and this decision actually places higher emphasis on aircraft maintenance as it will encourage airlines to ensure their aircraft are fully operational at all times," she said.

“The joy of travel has been lost by consumers over the last few years and ensuring their holidays start and end with seamless check-in and smooth boarding procedures, not last minute delays or cancellations, will encourage more people to rediscover the pleasures of flying.”

The ruling was made after a claim by an Austrian couple against Alitalia.

An engine defect meant the couple were unable to take their scheduled flight from Vienna to Brindisi via Rome, and the Italian carrier transferred them to an Austrian Airlines flight instead.

The Alitalia flight was cancelled five minutes before the scheduled departure time, even though the defect had been discovered the day before, and the couple arrived in Brindisi nearly four hours late.

Alitalia had refused to pay compensation of £235, so the couple took Alitalia to court in Vienna.

There, the Austrian Commercial Court asked the European Court to define the concept of "extraordinary circumstances" that could exempt an airline from paying compensation.

also bit from aunti + vid......

http://news.bbc.co.uk/1/hi/england/7798434.stm

and on that 'appy note...off tae the pub for the Xmas Eve session............

Merry wotsit...

About time. The airlines have gotton away with lame excuses regarding delays/changes of flights for far too long. Now they will be hit where it hurts.

We have been treated like cattle now we can fight back and get decent compensation from them.

for all those who experience problems with delayed flights out of the EU in the future, I want to lead you to a wonderful website/business.

those Dutch guys bring the airlines to court in the name of the passengers.

find out more here (choose ur country):

http://www.euclaim.nl

http://www.euclaim.be

http://www.euclaim.de

http://www.euclaim.co.uk

(hope its ok to post those URLs, as this can be very useful for thousands of TV-members, me thinks)

Edited January 15, 200917 yr by siam2007

for all those who experience problems with delayed flights out of the EU

it's not only out of EU but to EU as well - from anywhere in the world. The airline doesn't to be based in the EU

for all those who experience problems with delayed flights out of the EU

it's not only out of EU but to EU as well - from anywhere in the world. The airline doesn't to be based in the EU

not entirely correct, as far as I know. if the airline is a non-EU airline flying INTO the EU, the law does not apply (for example, Emirates flying into FRA or CDG). though, it will apply to ANY EU-airline, no matter to where or from where they are flying.

but those folks running the website I mentioned will certainly be willing to answer questions.....

it only apply from an EU airport, or from outside the EU when operated by an EU Airline

hereby the EU Air Passengers Rights

http://www.brusselsairport.be/en/102547/254584/pax_rights_en

The EU consumer is one of the best protected in the world