Stay is lifted but Extraordinary Circumstances Defence Still Being Used - Virgin

Wolfy_2

As far as I understand there has been no new guidance on Extraordinary circumstances since the recent confirmation of validity for Delay claims.

I have an ongoing claim with Virgin regarding a delay of over 15 hours - Virgin are arguing extraordinary circumstances regarding a technical fault with the plane. In 2010 the CAA who were the AUC at the time ordered Virgin to pay on the basis this was not a valid reason not to. Virgin seemed to ignore this and the 'stay' on proceedings meant that the AUC had their hands tied until it was over and recommended I wait. So i waited and then the AUC told me to try one last time with Virgin after the stay was lifted.

However Virgin have again refused but elaborated on 'technical problem with the plane' as follows:

'the aircraft scheduled to operate your flight encountered an unforseen airspeed indication failt prior to departure. After lengthy troubleshooting our engineers deemed that the fix would be extremely complex and an alternative aircraft would need to operate the flight in order to minimise disruption. Due to the busy nature of our flying programme and aircraft undergoing their regulatory maintenance checks we had to wait for an alternative aircraft to become available'

How I understand the case law is that technical problems, even 'complex' ones (and I assume that every problem could be described as complex with a Jumbo Jet!!) are rarely if ever extraordinary and only freak weather,recall of aircraft, espionage etc are really extraordinary.

The whole point of the regs appear to make Airlines maintain an extremely high level of checks and maintanence to avoid these sort of circumstances. Despite delay claims now being allowed it appears that this defence is the biggest hurdle to overcome.

Since the stay on proceedings I assume the position is the same. What is anyones thoughts on their latest elaboration? I have referred it back to the CAA but I am on the verge of filing a Small Claim.

Many thanks

blindman

Wolfy wrote: »

What is anyones thoughts on their latest elaboration? I have referred it back to the CAA but I am on the verge of filing a Small Claim.

Many thanks

Try posting this in the correct thread :cool: and you may get an answer

Wolfy_2

I didn't post it there as it is a general question about Extraordinary Circumstances which will apply to all airlines and may be useful to anyone who gets this defence used.

I may link to this thread on that thread though.

Mark2spark

The ECJ have said that each case is unique and the judge in charge of the case will determine whether the reasons offered are extraordinary, or not.
Whilst I have some sympathy with the airlines inasmuch as a lot of these things happen at the last minute and can't always be fixed quickly, my sympathy doesn't extend beyond a 5 hour delay as IMO the airline industry needs to sort itself out and have quicker repairs or replacement planes available.
So based on that, IMO, your delay was not EC's that *caused* it, only the length of delay was extraordinary due to the fault of the airline.
But i'm not a judge lol