Scope of the notion of ‘extraordinary circumstances’ as cited in Regulation (EC) No 261/2004
6.12.2019
Question for written answer E-004277/2019
to the Commission
Rule 138
Izaskun Bilbao Barandica (Renew)
At the end of November 2019, a flight from Vitoria to Tenerife was delayed because the plane scheduled for this route had hit a flock of seagulls as it was landing after its previous flight. It took 12 hours to solve the technical problems the bird strike caused in one of the engines, during which the airline’s managers refused to find another plane to cover the flight, seriously inconveniencing passengers who were due to fly to Tenerife. Although the delay suffered by passengers went well beyond the three hours laid down in the Regulation establishing common rules on compensation and assistance to passengers, the airline refused to pay compensation, claiming that a bird strike is one of the ‘extraordinary circumstances’ that exempt the service provider from this requirement.
- 1.Are bird strikes included in the ‘extraordinary circumstances’ referred to in Regulation (EC) No 261/2004?
- 2.Is the airline obliged to provide another plane to replace the damaged one (the company operates in at least four airports within a radius of less than 300 km from Vitoria Airport) in order to reduce delays to passengers?