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.â€
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.
By Bev Fearis
Bev
Editor in chief Bev Fearis has been a travel journalist for 25 years. She started her career at Travel Weekly, where she became deputy news editor, before joining Business Traveller as deputy editor and launching the magazine’s website. She has also written travel features, news and expert comment for the Guardian, Observer, Times, Telegraph, Boundless and other consumer titles and was named one of the top 50 UK travel journalists by the Press Gazette.
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