QANTAS grounding - compensation

dispossessed

If you were affected by the QANTAS grounding then you may be interested in the provisions of a relatively little known piece of legislation to come via the E.U.

European Union regulation (EC) No. 261 / 2004 provides for 600 Euros compensation.

Curiously, whilst a QANTAS branded copy of this document does appear to have been uploaded to their webserver* at some point in time, it is currently unavailable.

*(http://www.qantas.com.au/infodetail/flying/.../EC261_2004.pdf)

However, if you put the search terms "QANTAS grounding 261 /2004" into Google, it comes up second on the list of results.

The legislation does include a provision for airlines to argue "extraordinary circumstances". IMHO this is unlikely to apply in this instance (although QANTAS may try and argue that it does).

A concise description of the regulation is available on Wikipedia

The complete version is available here.

Please do not construe this post as legal advice - rather a post that may be of interest to others affected by the grounding and who are unhappy with QANTAS' offer of £165 discount voucher of their next QANTAS flight.

Hope this is of interest or help to someone.

George_Michael

The legislation does include a provision for airlines to argue "extraordinary circumstances". IMHO this is unlikely to apply in this instance (although QANTAS may try and argue that it does).

They won't have to argue too hard.

From 261/2004
(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

richardw

It ain't "a relatively little known piece of legislation" https://forums.moneysavingexpert.com/discussion/47230

richardw

George_Michael wrote: »

They won't have to argue too hard.

From 261/2004
(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.

Qantas grounded their airline, nowt 'extraordinary' about that, and an 'unreasonable' measure?

George_Michael

The reason that they decided to ground all flights was because of the strikes.
They said that due to the number of people striking was causing uncertainty about flight operations planning and they will probably argue that the groundings were a safety measure (and therefore exempts them from having to pay compensation under EU261/2004).

dispossessed

Whilst wildcat strike action might just be considered "extraordinary" by the Courts, the considered action of a CEO intentionally grounding the entire fleet would probably fail the "foreseeability" test.

The provision for "unexpected flight safety shortcomings" is to provide for instances such as C.A.A enforced groundings that have immediate effect - very rare, but they do occasionally occur after accidents etc.

richardw

George_Michael wrote: »

The reason that they decided to ground all flights was because of the strikes.

They were Qantas's strikes and not by others such as Air Traffic control.

dispossessed

richardw wrote: »

They were Qantas's strikes and not by others such as Air Traffic control.

QANTAS staff did not strike - the CEO grounded the airline. There were no circumstances that could not be "unforeseen"

It was not, repeat not, a strike !

George_Michael

dispossessed wrote: »

QANTAS staff did not strike - the CEO grounded the airline. There were no circumstances that could not be "unforeseen"

It was not, repeat not, a strike !

No?
Maybe you should tell that to the pilots and engineers who went on strike.
http://www.news.com.au/travel/news/qantas-grounds-entire-fleet/story-e6frfq80-1226180315331

Qantas only started operation following a ruling by Fair Work Australia (The Australian dispute arbitration service).

dispossessed

George_Michael wrote: »

No?
Maybe you should tell that to the pilots and engineers who went on strike.
http://www.news.com.au/travel/news/qantas-grounds-entire-fleet/story-e6frfq80-1226180315331

Qantas only started operation following a ruling by Fair Work Australia (The Australian dispute arbitration service).

I started this thread to post a piece of information that I thought may be of interest / help to any passengers affected by the grounding.

I have found your replies, and those of "richardw", interesting.

Were either of you actually passengers affected by the grounding ?

If not then given your apparent contrary positions, on a website that champions the consumer's rights, might lead some people to question your motives.

Res ipsa loquiter

richardw

dispossessed wrote: »

If not then given your apparent contrary positions, on a website that champions the consumer's rights, might lead some people to question your motives.

What are you saying?