When a passenger aircraft in the EU is delayed for over three hours, gives it the right to financial compensation from the company.
But this right can be cancelled, if the delay is caused by extraordinary circumstances of which the company cannot prevent.
A loose screw on the runway, causing a puncture of the aircraft’s decks, count as such an extraordinary circumstance.
It beats the EUROPEAN Court of justice in a decision on Thursday in a German case. The arising of a journey with the company German from Dublin to Dusseldorf. The plane had to change the tires before it could light.
A German passenger who had demanded compensation from German, therefore, can look forward to a rejection of the claim. He arrived with a delay to Düsseldorf in just three hours and 28 minutes.
It is clear, however, of the decision, airlines do not as a rule, are exempt from the obligation to pay compensation in cases of punctured tires.
the Company must demonstrate that it has used all the various means available – both material and manpower – in order to change a punctured tyre as soon as possible.
the Court notes that an airline has the opportunity to use the agreements in airports, which gives them preferential treatment for a change of tyres.
the Size of the compensation depends on the length of the flight. Is the journey of 1500 kilometers, is the compensation greater than if it is shorter. The result of the EU-regulation 261/2004.
Here, you are entitled to compensation for flight delay
According to EU law, EC 261, as an air passenger is entitled to compensation for flight delays, when the following is true:
* Your departure date must be made no later than three years ago.
* You must be at least three hours late.
* You have the right to compensation if the delay is due to flight crew has been sick – but not if the delay is because a passenger has fallen ill, and the plane must therefore be countries.
* the Airlines can rely on force majeure by, for example, weather conditions, ash cloud, terrorist acts, who does, you are not entitled to compensation.
* the Size of the compensation depends on the travel distance, and whether one’s flight is within the EU or not.
* It is EU law that applies, so when you fly from Europe, it doesn’t matter whether you fly with a european or e.g. american airline – and it also applies to Norway and Switzerland.
– however, If you are flying to a country that is a member of the EU, you must fly with a EUROPEAN airline in order to enjoy the protection of the rights of passengers, as the EU regulation provides. As a consumer it is important to be aware of who actually completes the flight (who is the operating carrier). For example, you have purchased a ticket at the Dutch airline KLM and believe, that the flight also is carried out by KLM, whereas in reality, it is the u.s. Delta Airlines, which carry out the flight. And in case you will not be covered by the regulation on travel to the EU.
* After a two-hour delay there is no right to compensation, but you have a right to meals at shorter distances, food and drink – often in the form of a coupon. It is just to ask the airline personnel at the airport.
* If your flight is cancelled more than 14 days before the scheduled departure, so you only get the ticket price refunded, but if you notice during the 14 days before, so there is the possibility to get compensation along with the refund.
* Flyhjælps fee is 30 percent of the amount of compensation you may get back – regardless of whether your case ends up in court or not. If you don’t get compensation back, so is Flyhjælps work for free.
Source: Flyhjælp
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