{"id":433,"date":"2015-09-21T22:16:22","date_gmt":"2015-09-21T20:16:22","guid":{"rendered":"http:\/\/localhost\/ECCWORDPRESS\/2015\/09\/21\/air-passengers-are-entitled-to-be-compensated-even-in-case-of-flight-cancellation-due-to-unforseen-technical-problems\/"},"modified":"2023-05-24T19:48:55","modified_gmt":"2023-05-24T17:48:55","slug":"air-passengers-are-entitled-to-be-compensated-even-in-case-of-flight-cancellation-due-to-unforseen-technical-problems","status":"publish","type":"post","link":"https:\/\/ecc-netitalia.it\/en\/news\/air-passengers-are-entitled-to-be-compensated-even-in-case-of-flight-cancellation-due-to-unforseen-technical-problems\/","title":{"rendered":"AIR PASSENGERS ARE ENTITLED TO BE COMPENSATED EVEN IN CASE OF FLIGHT CANCELLATION DUE TO UNFORSEEN TECHNICAL PROBLEMS"},"content":{"rendered":"<p><img decoding=\"async\" class=\" alignright size-full wp-image-62\" style=\"margin: 0px 0px 10px 10px; float: right;\" title=\"passengers are entitled to be compensated\" src=\"https:\/\/ecc-netitalia.it\/wp-content\/uploads\/news\/voli.jpg\" alt=\"air flights\" width=\"250\" height=\"178\" \/>On 17th September the\u00a0European Court took\u00a0an important decision in Case C-257\/14 and\u00a0said that\u00a0airlines must pay out if flights are delayed or cancelled for \u201ctechnical reasons\u201d.<\/p>\n<p>The case concerns a flight from Quito\u00a0n Ecuador to Amsterdam taken in 2009 by passenger Corina van der Lans, which was delayed by 29 hours.\u00a0Her claim for compensation was rejected by the air carrier KLM arguing that\u00a0the delay was due to\u00a0technical problems that emerged just before take off. Specifically, two components were defective, the fuel pump and a hydromechanical unit and as they were\u00a0unavailable the air carrier had to\u00a0transport them\u00a0by air from Amsterdam.\u00a0KLM\u00a0observed that the defective components had not exceeded their average lifetime and that their manufacturer had not provided any specific indications as to which defects might arise if those components reached a certain age.<\/p>\n<p>The Court\u00a0states\u00a0that\u00a0certain technical problems resulting, in particular, from hidden manufacturing defects affecting the safety of flights or acts of sabotage or terrorism may exempt air carriers from their obligation to pay compensation.<\/p>\n<p>However, the airline, bound\u00a0to\u00a0ensure the maintenance and proper functioning of aircrafts has to\u00a0take into account that no component of an aircraft is indestructible; these situations are inherent in the normal operations of an airline and for that reason cannot be deemed extraordinary circumstances.<\/p>\n<p>Under the EU compensation rules, passengers whose flight is cancelled or more than three hours delayed\u00a0can claim \u20ac250-\u20ac600 depending on the distance of the flight. The compensation applies to flights departing from any EU airport or arriving in the EU with an EU carrier or one from Iceland, Norway or Switzerland.<\/p>\n<p><a href=\"http:\/\/curia.europa.eu\/jcms\/upload\/docs\/application\/pdf\/2015-09\/cp150105en.pdf\" target=\"ecc\" rel=\"noopener\">Press release<\/a><\/p>\n<p>&nbsp;<\/p>\n<p>&nbsp;<\/p>\n","protected":false},"excerpt":{"rendered":"<p>On 17th September the\u00a0European Court took\u00a0an important decision in Case C-257\/14 and\u00a0said that\u00a0airlines must pay out if flights are delayed or cancelled for \u201ctechnical reasons\u201d. The case concerns a flight from Quito\u00a0n Ecuador to Amsterdam taken in 2009 by passenger Corina van der Lans, which was delayed by 29 hours.\u00a0Her claim for compensation was rejected [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":62,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[245],"tags":[],"class_list":["post-433","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/ecc-netitalia.it\/en\/wp-json\/wp\/v2\/posts\/433","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ecc-netitalia.it\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ecc-netitalia.it\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ecc-netitalia.it\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/ecc-netitalia.it\/en\/wp-json\/wp\/v2\/comments?post=433"}],"version-history":[{"count":1,"href":"https:\/\/ecc-netitalia.it\/en\/wp-json\/wp\/v2\/posts\/433\/revisions"}],"predecessor-version":[{"id":4941,"href":"https:\/\/ecc-netitalia.it\/en\/wp-json\/wp\/v2\/posts\/433\/revisions\/4941"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ecc-netitalia.it\/en\/wp-json\/wp\/v2\/media\/62"}],"wp:attachment":[{"href":"https:\/\/ecc-netitalia.it\/en\/wp-json\/wp\/v2\/media?parent=433"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ecc-netitalia.it\/en\/wp-json\/wp\/v2\/categories?post=433"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ecc-netitalia.it\/en\/wp-json\/wp\/v2\/tags?post=433"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}