After indicating the fundamental conditions for the rights of Passengers, in recent weeks, it is right to refer to what are defined as "extraordinary circumstances“, considered as such according to Regulation (EC) 261/2004 and we will find out when you may not be entitled to any type of refund or financial compensation from the airline.
The Exceptional Circumstances: An In-Depth Analysis
European regulations, in particular Regulation (EC) 261/2004, establish the rights of air passengers, but exclude some specific situations from requests for reimbursement or financial compensation. These are commonly known as “extraordinary circumstances”. But what does it mean exactly?
Definition of Extraordinary Circumstances:
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- Extraordinary circumstances involve events outside the airlines' control, such as extreme weather, strikes, or safety issues.
Extreme Weather Conditions:
- Situations such as storms, dense fog or other adverse weather conditions, which are very dangerous or potentially dangerous for the health and safety of passengers, may lead the company to cancel a flight or significantly prolong a delay, without this giving rise to the right to a refund. Indeed, airlines can invoke exceptional circumstances.
Strikes and Unrest:
- Strikes by ground staff, or air traffic workers, as well as protest events can lead to disruptions in air services. In these cases, the airline may be exempt from some financial responsibilities towards passengers.
Security Issues:
- Emergency situations or security concerns may require extraordinary measures, such as immediate flight cancellations. We are talking about potentially dangerous political circumstances, at a national level and beyond: for example, the closure of airspace, the danger of terrorist attacks, etc. Even in these cases, airlines can invoke exceptional circumstances.
The Montreal Convention: Another Piece of the Puzzle
In addition to the European Regulation,the 1999 Montreal Conventionaddresses the issue of exceptional circumstances. The Convention limits the financial liability of airlines in certain circumstances, but at the same time seeks to protect the rights of passengers.
While Regulation (EC) 261/2004 and the Montreal Convention broadly protect the rights of air passengers, it is crucial to understand the challenges that may arise in exceptional circumstances. Our mission here on Passeggero al Sicuro is to inform you about every aspect of your rights, making you prepared for every eventuality in the world of air transport.
Find out more about all Passeggero al Sicuro services and continue to follow our blog to stay up to date on the latest developments in the world of air passenger rights.
If a problem arises, such as a flight being canceled or delayed for any reason, or you are denied boarding, as a passenger you have significant rights under applicable European Union consumer rights legislation.
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