With regards all the banter about BA continuing to fly to avoid compensation - this should put an end to it.....
EU Passenger Rights- Denied Boarding Compensation
New Denied Boarding Compensation legislation (261/2004) came into effect on the 17th of February this year and updated existing legislation on the rights of payment to air passengers if they are denied boarding. Although now in place, much of the legislation remains in the view of some, ‘ambiguous’ and legal action is being taken by some groups to have the legislation altered.
Airlines need to make their own judgments when implementing aspects of the law, however the legal wording is that airlines are not required to pay compensation if a flight is cancelled because of “extraordinary circumstances, which could not have been avoided even if all reasonable measures had been taken”. The airline must be able to prove that these circumstances exist.
These reasons include those that affect safety and security and may include:
Technical faults
· Technical faults that prevent the safe operation of a flight even though maintenance was performed in accordance with legal requirements and the manufacturers’ recommended practices
· Warnings and other technical faults that would breach legal requirements for operations
Disruptions or subsequent cancellation caused as a result of technical faults.
Weather
· Runway closure or temporary restrictions due to a requirement to change the direction of take-off and landing
· Actual/forecast visibility or winds at origin, destination or nominated diversion, outside legal limits
· Reduced take-off or landing movement rates at origin, destination or diversion due to any adverse weather conditions
· Forecast en-route turbulence or icing beyond limits
· Cancellation of subsequent flights due to disruption caused by weather
Crew
· Sickness of a crew member preventing the operation of a flight within legal limits
· A delay that leads to crew being unable to operate a flight within legal limits
· Strikes among staff (airline and 3rd party) that prevent the operation of a flight
· External factors that prevent essential staff getting to an airport ie weather
· Cancellation of subsequent flights due to disruption caused by personnel difficulties
Failure of third party services (ie ATC)
· Equipment failure/closure or limits that prevent or restrict flight operations (ie unplanned terminal closures or reduction of flights handled by ATC)
· Restrictions due to military or VIP flights
· Closure following an accident or incident involving another aircraft
· Cancellations due to disruption caused by services provided by third parties