Flight Delay Compensation - Claim Response Query

[Notshortnottall]

Tl;dr - flight severely delayed (overnight) and airline quoting law caselaw / precedent which is *supposedly* being appealed but I can't find details.

Long version - coming back from holiday and on arrival at the airport the flight was delayed a minimum of 4 hours (ended up being just over 8). We were offered food vouchers at the airport but it was late at night, absolutely heaving (due to said delay) and with two kids under 5, not really worth it. To be fair - given the circumstances - I couldn't fault the way it was handled at the airport.

The day after we arrived home, I lodged a claim for the delay. I've now heard back to say that:

• Article 5 (3) of EC Regulation 261/2004 (the Regulation) provides that compensation for a flight delay in excess of 3 hours is not payable where the delay was caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
• Your flight was delayed due to crew sickness which prevented departure. The leading case law from the CJEU (Court of Justice of the European Union) stresses that when determining extraordinary circumstances, the focus should be on the source of the cause of the delay and not its consequences, irrespective of severity or frequency.
• The issue as to whether a member of crew’s non-attendance at work due to illness amounts to an extraordinary circumstance, for the purpose of the Regulation, is due to be considered by the Supreme Court of the UK in the case of Lipton v BA City Flyer.

However, from what I can tell (and this is where I need advice from more learned minds than mine):

1. The case of Lipton v BA City Flyer seems quite clear that the non-attendance of staff due to illness was an inherent part of the Defendant air carrier’s activity and operations and could in no way be categorised as extraordinary.
2. The case of Lipton v BA City Flyer has already been held and found in favour of the claimant?
3. I can't find anything that says that UK Supreme Court is to reconsider this?
4. If there is due to be an appeal held - does this mean that any claim is held in abeyance until that appeal has been heard?

Basically - is this a try-on from the airline and should I go back with something along the lines of the above, or is there an appeal due to be heard and I need to wait?

Edited by Notshortnottall on Saturday 1st October 19:59

[texaxile]

I was delayed by 24H on an EVA flight to BKK back in 2018, we were put up in a hotel and given evening meal and breakfast vouchers.

When I tried to claim the reason for delay was put down as "bird strike" which means it was a non claimable event. I researched it and indeed, it was true , BR067 inbound was delayed due to a strike which nullified any claim which was evidenced by a squark to Taipei ATC and recorded, so I had zero recourse.

Ultimately the Airline needs to give their reason for the delay which will then determine if you have a claim or not. Get it in writing and use supporting evidence from FR24 or any other sources and go from there.

These things take time, I was given a very apologetic but "get stuffed" email from EVA within a month.

[vonhosen]

The issue of compensation & food/accommodation are separate things.

[Notshortnottall]

vonhosen said:

The issue of compensation & food/accommodation are separate things.

Sorry - to be clear, the food / drink vouchers were not an issue. This is with respect to the claim for the delay (which the airline have confirmed was due to staff sickness).

[vonhosen]

Notshortnottall said:

vonhosen said:

The issue of compensation & food/accommodation are separate things.

Sorry - to be clear, the food / drink vouchers were not an issue. This is with respect to the claim for the delay (which the airline have confirmed was due to staff sickness).

But accommodation is separate to compensation too.
Compensation is a monetary recompense for the inconvenience caused. It's in addition to food & accommodation to which you may be entitled.
There are tighter conditions for "compensation".
They should provide the food (or vouchers) & accommodation, depending on the length of the delay, from whatever cause.
If they don't supply accommodation or food, where you qualify, then they will have to recompense for reasonable costs in relation to that, where you had to secure it yourself. That's even if you aren't entitled to compensation.

At least that's my understanding & what I've experienced with previous claims made.

With regards to the case law situation & whether staff sickness amounts to exceptional circumstances in regard to qualification for compensation, then I can't help & give a definitive answer unfortunately, but I wish you good luck.

[Chozza]

They are trying it on!

There have been many decisions that have defined both technical delays and sickness.

(The argument against the sickness doesn't count, is usually that it the commercial decision of the airline not to have relief staff at all the airports they serve, and the same way that they dont have spare planes - commercial decision doesn't not make it exceptional)

I'd go straight to ADR or the CAA