The apf has evaluated the exceptional circumstances in the flight sector that can be proven in its procedures. Weather events and strikes top the list.
The EU Air Passenger Rights Regulation and EU case law list, among other things, events such as extreme weather conditions, political instability, security risks, external strikes and bird strikes as exceptional
Maria-Theresia Röhsler, head of the apf
Vienna (OTS) – In apf’s arbitration procedures in air traffic, airlines often cite “extraordinary circumstances” (aU) in order to be exempt from the mandatory payment of compensation. The Passenger and Passenger Rights Agency has compiled a ranking of the most frequently proven “extraordinary circumstances” in the 2023 flight arbitration proceedings.
What constitutes an “extraordinary circumstance”?
The EU Air Passenger Rights Regulation and EU case law list, among other things, events such as extreme weather conditions, political instability, security risks, external strikes and bird strikes as exceptional
said Maria-Theresia Röhsler, head of apf. It is also crucial that the airline takes all reasonable measures to prevent delays or cancellations and their consequences.
Bad weather and strikes are the most common exceptional circumstances
A current evaluation of more than 420 cases relating to the exceptional circumstances in 2023 shows that in the apf proceedings, adverse weather conditions and strikes by airport staff were most often comprehensibly presented by airlines as reasons for refusing to pay compensation.
This data shows that weather conditions account for a significant proportion of exceptional circumstances. Weather events are responsible in 38 percent of the cases in which evidence of an aU was provided. This includes extreme weather events, strong winds, poor visibility, sandstorms, snowstorms, icy runways, etc.
In 2023, strikes are also a significant factor in exceptional circumstances. More than a quarter of the aUs in apf’s completed proceedings can be attributed to strikes. The question of who exactly stops work is relevant to the payment of compensation as a result of strikes. For example, if it is the staff of an airline, a compensation payment must still be made. However, if airport staff, such as air traffic controllers, security staff, etc., go on strike, it can be assumed that airlines will not have to make any compensation payments. Specifically, these cases are decided on a case-by-case basis based on evidence from the airline.
Exceptional circumstances proven – what are passengers entitled to?
The airline must prove that there is actually an exceptional circumstance, that the cancellation or delay is due to this and that all reasonable measures have been taken to keep the effects as low as possible. Proof of this must be presented to apf during the arbitration procedure.
If the airline can prove an exceptional circumstance, the obligation to pay compensation does not apply. However, those affected are entitled to support and care services, including reimbursement of ticket costs or alternative transport to the destination, meals and hotel accommodation. The apf recommends that those affected not make any expenses independently before contacting the airline and that they keep the receipts in their original form.
More about the current evaluation is in Apple’s blog to read.
The apf is the statutory arbitration and enforcement body for rail, bus, ship and air traffic.
As part of her mediation work, she is responsible for clarifying applications through out-of-court dispute resolution and helps passengers and passengers obtain their rights in the event of a dispute with a company, free of charge and without commission.
In its function as an enforcement body, apf informs passengers and passengers on trains, buses, ships and flights about their rights, checks compliance with the passenger and passenger rights enshrined in EU regulations and, if necessary, takes further steps. to encourage the companies concerned to comply with their obligations.
Questions & Contact:
Agency for Passenger and Passenger Rights (apf)
Georg Loderbauer, MA
public relation
+4315050707150
g.loderbauer@apf.gv.at
www.passagier.at