Most travelers experience flight delays and cancellations these days.
The worst part is that the airlines often fail to compensate them appropriately, making the problem even worse. People are left stranded at airports without proper information or compensation. However, did you know that airlines sometimes use “extraordinary circumstances” as an excuse not to pay compensation, even when they should? Technical problems are often one of those circumstances.
In this article, we’ll tell you why technical problems with airplanes aren’t an “extraordinary circumstance” for UK flight compensation.
1. Regulation UK261
Before we start, a quick intro to the Regulation UK261.
Enshrined under EU Regulation 261/2004 and now adopted into UK law as UK261, this law protects passengers who experience significant delays or cancellations. Whether your flight was delayed by over three hours or cancelled less than 14 days before departure, you may be eligible to claim up to £520 in compensation. As long as it’s airline’s fault, not extraordinary circumstances, sometimes referred to as unforeseeable circumstances.
2. Technical Problems with Airplanes Aren’t Extraordinary Circumstances for UK Flight Compensation
First and foremost, technical problems are not an unforeseeable circumstance.
Most technical issues are caused by a lack of maintenance or insufficient attention to the aircraft. If an airline uses an airplane that has not been adequately maintained, the technical problems it might experience due to wear and tear aren’t “extraordinary.” It’s airline’s fault, not something unavoidable.
It’s airline’s responsibility to take care of its aircraft fleet.
Second, the European Court of Justice’s landmark judgment, in the Sturgeon case, confirmed that technical problems causing long delays or cancellations were not “extraordinary circumstances” and thereby eligible for compensation. The case stated that technical problems, which are inherent in the normal exercise of the activity of the air carrier, are not “extraordinary.”
This means that airlines can only consider technical problems as “extraordinary circumstances” if they are caused by an outstanding event or an event that has nothing to do with routine maintenance.
2.1 Why Airlines Do This? Why They Try to Make Things Look Worse?
The answer is simple – to try to avoid paying flight compensation.
By trying to use “extraordinary circumstances” as an excuse for not compensating passengers for technical problems, airlines shift the blame from themselves to external, uncontrollable factors. However, it is their duty to prevent technical problems beforehand.
2.2 What Kind of Technical Problems Are Extraordinary Circumstances?
Everything that’s out of the airline’s control is considered extraordinary circumstances.
That includes unforeseeable occurrences, such as a bird crashing with the windscreen, or it being sucked into the engine of aircraft. Both are likely occurrences that no airline can possibly avoid. Accordingly, if that causes any delays or even flight cancellations, you won’t be entitled to flight delay or flight cancellation compensation from the airline.
The most popular problem is manufacturing defects.
It doesn’t happen often, but it’s happening, and it’s not airline’s fault.
That applies to technical problems caused by manufacturing defects in the aircraft or its components. Things like these may (and often are) be considered extraordinary circumstances. If that causes a delay or even a last-minute flight cancellation, mostly it isn’t considered airline’s fault.
No matter what, though, you still have a right to care.
3. The Rules Aren’t the Same Everywhere
While it does apply to EU and UK flights, the rules aren’t the same all around the world. And they aren’t the same with all airlines. For example, with non-EU and non-UK airlines, these rules apply only to flights departing from the UK or EU, but not on their flights to the UK or EU.
As a result, while airlines can legally call it “extraordinary circumstances” for compensation claims elsewhere, they cannot use this excuse in the UK. This means those affected passengers in the UK can potentially receive compensation for technical issues experienced before or during their flight.
Read more:
- You Are Flying With a UK Airline: Which Laws Protect You as a Passenger?
- You Are Flying With a EU Airline: Which Laws Protect You as a Passenger?
- You Are Flying With a Non-EU, Non-UK Airline: Which Laws Protect You?
- UK Charter Airlines: Understanding Your Rights
The Bottom Line
In conclusion, technical problems with airplanes are not extraordinary circumstances for UK flight compensation. Even if airlines call them “extraordinary,” they are still responsible for paying compensation for delays and cancellations, when they fall under the Regulation UK261, or European flight compensation regulation.
Travelers should take note that while flight compensation rules may not be the same in all countries, those traveling within the UK or EU will likely receive compensation for technical issues experienced during their flight. It’s time for airlines to start taking responsibility for their aircraft’s maintenance and stop using “extraordinary circumstances” as an excuse for not compensating passengers.
Do you have a first-hand experience with flight delays or cancellations? Has your flight ever been late or cancelled due to technical problems? How did the airline solve this?
Featured photo by Ricky Esquivel