Air Passenger Rights: - European Commission - Europa

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comments made by other ECC’s; in particular, in
reporting the problems experienced by passengers
trying to seek rulings when air carriers claim that
“exceptional circumstances” apply. The Enforcement
bodies do not appear to be investigating or
challenging air carriers claims of “exceptional
circumstances”, nor publishing their adjudications
in these matters.
A UK passenger of an Irish low cost carrier
contacted the ECC with the following problem:
We checked in for our 22:40 flight. At approximately
midnight, we were informed that the flight was
cancelled and security then promptly ushered
passengers out of the departure area. No further help
or information was given by the carrier. My bags
were dumped outside the airport and I was told that
there were no alternative flight for five days and no
alternative accommodation or travel arrangements
were offered. We were left to make our own arrangements
to get home, incurring €707.18 costs.
The ECC wrote to the carrier asking:-
• Why no assistance was given to the clients
as per Regulation 261/2004
• Why they were not informed of their rights
under 261/2004
• For an offer of compensation in keeping with
Regulation 261/2004, and to cover the
additional expenses incurred and detailed above.
The air carrier refused to make any payment at first,
then offered reimbursement of some expenses – but
not the full amount asked for or the compensation
element. The matter was then referred to the UK
Enforcement Body, who also contacted the air carrier,
asking the same questions as the ECC had. Eventually
the Enforcement Body wrote to the client explaining
that the air carrier had written to them refusing
to pay compensation under 261/2004 and that
the files would be closed as they had no evidence
to challenge the air carrier.
The Commission’s interpretation as to who the
competent authority is in a particular case, often
differs from the opinion of the enforcement
authorities themselves. There appears to be
confusion, and there is no authority to determine
the level of coverage of the enforcement bodies.
This is a particular problem for passengers in a
cross-border context. Different enforcement bodies
appear to take different views as to whether they
are responsible for complaints from passengers
based outside the Member State where the enforcement
body is based. This in many instances leaves
the cross-border air traveller (surely the majority of
passengers) disenfranchised under the Regulation.
The UK ECC received a referral from the Greek ECC
regarding a UK air carrier. The flight had been
cancelled because “the flight crew that were
scheduled to operate this flight were out of position”
and was claiming “exceptional circumstances”
and so no claim for compensation payments was
due to the passenger.
The UK ECC wrote to the air carrier on a number
of occasions challenging this, but received the same
response form the carrier. The ECC then referred
the matter to the UK Enforcement body asking for
adjudication on the use of “exceptional circumstances”.
The relevant authority then responded
saying “… we provide a mediation service only for
UK residents and where the flight was contracted
in the UK or where the first leg of the journey starts
from a UK airport. I am afraid that we will not
therefore take up your complaint on your behalf”
and referring the UK ECC to the Greek enforcement
authority. The ECC tried to challenge this, but were
again referred to the Greek Enforcement body.
The UK ECC then wrote to the Greek Enforcement
body and received the following response “…
Consequently, since the incident took place in
Heathrow, your client’s claim must be forwarded
to the UK Civil Aviation Authority”.