FlyerTalk Forums - View Single Post - The BA Compensation Thread: Your guide to Regulation 261/2004
Old Feb 9, 2014, 10:26 pm
  #205  
serfty
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Originally Posted by corporate-wage-slave
...
<process> ... So this may take a few more months for the outcome to be clear.
Thanks for that.

The draft was passed with the following "Exhaustive" list of the circumstances that can be considered "extraordinary" for the purposes of this regulation.
1. The following circumstances shall be considered as extraordinary:

i. natural disasters rendering impossible the safe operation of the flight;

ii. technical problems afflicting the aircraft which are directly caused by a hidden manufacturing defect formally acknowledged as such by the manufacturer or a competent authority arose during the maintenance check preceding the flight or after the aircraft has been released to service, which impinges on flight safety;

iia. damage caused by bird strike

iii. war, political unrest, acts of sabotage or terrorism rendering impossible the safe operation of the flight;

iv. health risks or medical emergencies necessitating the interruption or deviation of the flight concerned;

v. unforeseen air traffic management restrictions or the unforeseen closure of the airspace, including runway closures by the authorities;

vi. meteorological conditions incompatible with flight safety or that have damaged the aircraft in flight or on the tarmac after service release and rendering the safe operation of the flight impossible; and

vii. unforeseen labour disputes at the operating air carrier or at essential service providers such as airports and Air Navigation Service Providers.
It was interesting the following proposed part of that appendix was completely deleted.
2. The following circumstances shall not be considered as extraordinary:

i. technical problems inherent in the normal operation of the aircraft, such as a problem identified during the routine maintenance or during the pre-flight check of the aircraft or which arises due to failure to correctly carry out such maintenance or pre-flight check; and

ii. unavailability of flight crew or cabin crew (unless caused by labour disputes).
...
Given this is still a work in progress I will be watching to see how it may pan out.
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