FlyerTalk Forums - View Single Post - Flight 011 Cancelled 2 Consecutive Days!
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Old Apr 19, 2013 | 3:34 am
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irishguy28
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Originally Posted by dnh
Hi, I have a question on said flights. Airfrance claims passengers of these cancelled flights are not eligible for compensation under the applicable EU regulations referring to the reason being "ground damage on the aircraft" and that such a "type of last minute flight cancellation [is] beyond the control of the carrier".

Having worked with legal issues (on a different legal area) for years, this sounds as an evasive manoeuvre by AF--i.e., nonsense. As far as I read the regulation and relevant court decisions, AF has to pay.

What's your take on it?
If an aircraft is damaged on the ground - through no fault of Air France's - and is therefore unsafe or unable to perform the flight as scheduled - you think this is NOT beyond the control of the carrier?

And if it happens at an outstation, where they have no chance of immediately preparing a spare aircraft (which may not even be possible at their home base - but definitely impossible in an outstation) - you still think that the airline should operate the flight on schedule (how?) or else be deemed to be wilfully negligent/responsible?
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