A350 and CX and EC261
Aug 3, 2018, 12:32 am
#16
Join Date: Aug 2006
Programs: AA EXP
Posts: 372
It's been fairly well established through court cases that faults are only covered if they are within the normal course of maintenance and aircraft operation. Hydraulic faults on a brand new type is probably outside that, and you'd need deep pockets to be the one to test it out.
Aug 3, 2018, 12:47 am
#17
Join Date: Oct 2005
Location: London
Posts: 726
It's been fairly well established through court cases that faults are only covered if they are within the normal course of maintenance and aircraft operation. Hydraulic faults on a brand new type is probably outside that, and you'd need deep pockets to be the one to test it out.
Can you cite some previous examples?
I just think every airline would be using this get out clause for any fault, on any aircraft under the age of 2 years if it was allowed!
Aug 3, 2018, 12:55 am
#18
Original Poster
Join Date: Oct 2013
Posts: 289
I don't think that is quite correct. I know Finnair lost a case in court where the court said that an air condition leak issue (I believe it was a new aircraft also) is not an extraordinary fault and made Finnair pay the 600 euros (and I think about two hundred thousand euros of the other guys lawyer fees). The consumer advisory board in Finland also states that on most cases technical faults have to be covered by the airline.
https://pointstobemade.boardingarea....ecj-klm-ec261/
Aug 3, 2018, 11:29 am
#19
Join Date: May 2010
Programs: Delta Silver, HH Gold, Accor Gold, IHG Platinum
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Nonsense. Wallentin-Herman yielded the notion that technical issues are not deemed extraordinary circumstances. It is an inherent part of airline operations and thus compensation is due. Cathay can take it up with Airbus afterwards.
Aug 3, 2018, 11:56 am
#20
Join Date: Feb 2011
Posts: 5,797
I don't think that is quite correct. I know Finnair lost a case in court where the court said that an air condition leak issue (I believe it was a new aircraft also) is not an extraordinary fault and made Finnair pay the 600 euros (and I think about two hundred thousand euros of the other guys lawyer fees). The consumer advisory board in Finland also states that on most cases technical faults have to be covered by the airline.
Aug 8, 2018, 2:13 pm
#21
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Aug 9, 2018, 2:43 am
#22
Join Date: Feb 2011
Posts: 5,797
As i already said, it depends on the issue. Issues within normal airline operations do not count but extraordinary issues outside the control of the airline do. See the Rolls Royce 787 problems.
Aug 9, 2018, 3:54 am
#23
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Aug 9, 2018, 4:28 am
#24
Join Date: Feb 2011
Posts: 5,797
The CEDR are rejecting claims but i don't think anyone has taken the court route to decide once and for all. BA would almost certainly pay up to stop it getting that far.
Aug 9, 2018, 4:35 am
#25
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Aug 9, 2018, 5:10 am
#26
Join Date: Feb 2011
Posts: 5,797
There is a whole thread about it on the BA forum - The 2018 BA compensation thread: Your guide to Regulation EC261/2004
If you search through it you can see compensation is being rejected by the independent adjudicator CEDR but nobody has taken it far enough yet to get a binding court decision.
If you search through it you can see compensation is being rejected by the independent adjudicator CEDR but nobody has taken it far enough yet to get a binding court decision.
Aug 9, 2018, 8:16 am
#27
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There is a whole thread about it on the BA forum - The 2018 BA compensation thread: Your guide to Regulation EC261/2004
If you search through it you can see compensation is being rejected by the independent adjudicator CEDR but nobody has taken it far enough yet to get a binding court decision.
If you search through it you can see compensation is being rejected by the independent adjudicator CEDR but nobody has taken it far enough yet to get a binding court decision.
you may be right but I'm just curious to see it.
Aug 9, 2018, 8:35 am
#28
Join Date: Feb 2011
Posts: 5,797
who got rejected? RbAA's case hasn't been decided yet https://www.flyertalk.com/forum/brit...l#post30000039
you may be right but I'm just curious to see it.
Really, nobody knows. BA are rejecting them, the CEDR seem to be rejecting them, and no-one knows what a court will say and perhaps never will because BA would certainly settle before anyone took it that far.