Originally Posted by
ellinj
Today I received a letter from CO, with a $200 voucher. The letter acknowledged that the flight had a mechanical delay which required overnighting people in brussels. They claim the delay was out of their control.
The voucher says redeeming it releases them of further claims.
Seems that they are trying to wiggle out of their responsibility. What is the burden of proof for proving that a mx delay was out of their control?
The letter had no contact information on how to request more information.
Article 5.3 of the EU rules reads:
An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
That's obviously an open-ended out, since you will never be able to demonstrate that the delay was not out of CO's control.
Take the $200...if you want to pursue, you may want to file a notice with the EU, informing them that you believe CO's claim of the delay being out of their control is not accurate.
Here is the EU form you would fill out:
http://ec.europa.eu/transport/passen...t/index_en.htm