Flight Compensation Claim. what constitutes extraordinary circumstances

OldManAhoy

Apologies, very new to this. Got it a bit backward, am in court this Friday suing a 'local' airline Loganair, submitted small claim then started reading threads! Anyone familiar with Eivind Kramme v SAS (ECJ case C-396/06)? Useful info in the Advocate General's Opinion but case dropped. Can I still refer to this in court? It is supportive of Vauban's comment in that it makes the point that lack of provision of a replacement plane should also be 'extraordinary' for the airline to claim EC. In my case a 35 minute flight turned into a 1 hr bus ride, 5 hr ferry crossing, 30 min taxi ride plus waiting around. Total delay to destination for cancellation of flight 14hrs 40mins. Think I could have swum home quicker!

Ich_2

Interesting situation as Loganair only have 2 aircraft to cover the Orcadian services and 2 slightly larger covering the Western Isles that possibly couldn't land on the smaller islands anyway.
If one or the Kirkwall base aircraft is being maintained and the other one goes unserviceable there are bound to be cancellations.

(hiring one is pretty much out of the picture as the only others with an AOC in the UK are in Cornwall (3) and the Channel Isles (4) )
Not an excuse as such, just a few facts for background

Tim_Richmond

This is only my second post on these Forums sites and I am very much a novice so please forgive meif I am posting a oint that may have been already covered. Monarch are claiming extraordinary circumstances due to A Rudder Problem which seems regarding through these posts to be a common problem . What really incensed me as my flioght was departing from Gatwick that Monarch advised us that the spare part had to be obtained from France. It is a British airlines flying from a UK airport so you would have thought all spare parts would he held in the UK. Monarch do not reply through their EU Claim line but if you want to get an answer try E Mailing Doreen.Slack@monarch.co.uk. She is based in the Customer Relations department and whilst she will not be able to reply herself she did ensure we got an answer from Monarch EU claims albeit a negative one.

111KAB

Tim_Richmond wrote: »

What really incensed me as my flioght was departing from Gatwick that Monarch advised us that the spare part had to be obtained from France. It is a British airlines flying from a UK airport so you would have thought all spare parts would he held in the UK. .

In effect French plane (Airbus) where most spares are either held in Toulouse (France) or Hamburg. Far to many components on an Airbus for extensive spares to be held by any airline. In addition it is highly likely the plane is not owned by Monarch but a company they lease it from and as it is not their plane they are often restricted on who they can use to repair. Accept that Monarch Airlines are a UK company but look deeper and you will end up in Cancun!

Magic_Moments

A thought provoking full page coverage in the Money Mail today about Flight delay compensation. It would appear from the contents the CAA has a view on this subject, I am not sure it help as it not specific.At least it highlight a success by a claimant in vourt who is also an avid and helpful contributor to the site. Lets hope you are the first of many, the more successes the greater the pressure on the airlines. County Court judges are not idiots but must read about other cases, although they do not in law create a precedent.

NicksTheMan

Magic_Moments wrote: »

A thought provoking full page coverage in the Money Mail today about Flight delay compensation. It would appear from the contents the CAA has a view on this subject, I am not sure it help as it not specific.At least it highlight a success by a claimant in vourt who is also an avid and helpful contributor to the site. Lets hope you are the first of many, the more successes the greater the pressure on the airlines. County Court judges are not idiots but must read about other cases, although they do not in law create a precedent.

The Money Mail article only shows that extraordinary circumstances covers a wide range of sins. It does indical that most technical problems are not extraordinary circumstances. Congratulation to 111KAB on your victory which I sincerely hope is the first of many. The more victories for claimants that are written up in the press must be of some help to those of use who are waiting for our cases to be heard. I would agree with the fact that judges must be aware of what has gone before.

Huggieups

Is birdstrike an extraordinary circumstance?

Vauban

Huggieups wrote: »

Is birdstrike an extraordinary circumstance?

I answered this question for you this afternoon. Though increasingly I wonder why I bother.

Huggieups

As you can see I am new to this. I have unable to trace my original post to see any replies so thought i had gone wrong somewhere and would try again. I'm sorry that you have been inconvenienced by my duplication.

Vauban

Huggieups wrote: »

As you can see I am new to this. I have unable to trace my original post to see any replies so thought i had gone wrong somewhere and would try again. I'm sorry that you have been inconvenienced by my duplication.

http://forums.moneysavingexpert.com/showpost.php?p=61903117&postcount=2