airline sued for cancelled travel

[Robert5988]

<blockquote id="quote" class="ffs">quote:I'm sure this won't be the last through the small claims court and I guess the definitions will be redefined and the picture becaome clearer with a precedent.
[/quote]

Macka,
I see no difference in the regulations for charter and scheduled flights.

As you say I think there will be many cases in court until a precedent is established for various circumstances. It is pertinent to point out that is EEC legislation so case law cannot be established in British courts.

Personally I think many cases will hinge on the following clause:
<blockquote id="quote" class="ffs">quote: An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
[/quote]

You can bet the airlines will try to broaden the definition of 'extraordinary circumstances'.

Weather? Mechanical failure? Bird Strike? Fuel shortage? Crew ill? etc.

From what I have read Weather seems to be commonly accepted as a valid reason; but just how open ended are the grounds for applying that 'excuse'? The 'knock-on' effect of, say, snow in NE USA can ground planes and cause disruption for a Miami - UK flight a day or 2 later.

[Macka]

Yes Robert it's a minefield isn't it?

My experience in the small claims court (been twice now), is that the Judges tend to side with the "small guy". If you, as the plaintiff seem to have a reasonable grievance and on the face of it (P/F) have lost out in some way, then even if the airline also has a reasonable case, they tend to come down on the side of the plaintiff, (for reasons best left for another thread I'd suggest).