Blue Panorama invokes force majeure to deprive you of the compensation? Fight for your rights
The notion of force majeure allowing the rejection of passenger compensation claims in the event of flight cancellations is also being challenged. An important judgment of the European Court of Justice confirms and clarifies this trend.
Many flights served by the Italian company or by other actors of air transport in Europe can be canceled. Passengers often find themselves helpless in the face of airlines because the latter often cite the reason for extraordinary circumstances as being the cause of the cancellation of flights and therefore reject any claim for compensation from passengers.
A major judgment of the European Court of Justice has just been delivered and clarifies many important points.
In all cases of flight cancellation for which the provisions of European Regulation 261/2004 apply, airlines such as Blue Panorama Airlines are obliged to assist passengers.
When the flight is canceled, passengers are offered the choice between:
– reimbursement of the ticket, within seven days, at the price at which it was purchased, for the part or parts of the journey not carried out and for the part or parts of the journey already carried out and which have become useless in relation to their travel plan initial, as well as, if applicable,
– a return flight to their initial point of departure as soon as possible;
– re-routing to their final destination, under comparable transport conditions and as soon as possible, or re-routing to their final destination under comparable transport conditions at a later date, at their convenience, subject to the availability of seats.
The same conditions also apply to passengers whose flight is part of a package holiday except as regards the right to reimbursement if such a right derives from Directive 90/314 / EEC.
In the case of a city, agglomeration or region served by several airports, if the operating air carrier offers the passenger a flight to an airport other than that which was originally planned, the operating air carrier bears the costs of transferring passengers between the arrival airport and the airport initially planned or another nearby destination agreed with the passenger.
The law also provides for an assistance program for the benefit of victims
– Passengers are offered free of charge:
Sufficient refreshments and catering options taking into account the waiting period;
– hotel accommodation in cases:
– A waiting stay of one or more nights is necessary,
– when a stay in addition to that planned by the passenger is necessary;
– transportation from the airport to the place of accommodation (hotel or other).
In addition, the passenger is offered the possibility of making two free telephone calls or sending free two telexes, two faxes or two electronic messages.
The operating air carrier pays particular attention to the needs of people with reduced mobility or all those accompanying them, as well as the needs of unaccompanied children.
However, in certain situations, passengers do not benefit from these measures. We will recall here the setbacks suffered by passengers during the volcanic cloud or bad weather last winter.
Even recently, during an emergency landing for technical problems, the air carrier did not even offer meals or drinks to passengers awaiting a new departure.
Compensation for canceled passengers
The European judgment introduces for the first time the concept of passenger compensation in all cases where Blue Panorama has not assisted passengers.
This compensation would include reimbursement of the costs incurred (drinks, meals, accommodation, etc. in the event of refusal by the air carrier) and could be added (within the limits defined by the texts) to the additional compensation provided for by European regulation 261/2004, namely both material damage (loss of hotel nights, car rental days, etc.), and this is very important, moral damage (for example the fact of having to stay in the terminal and not at the hotel).
It will also be very important to note that, in accordance with the jurisprudence in force, the technical problems on aircraft are not all qualified as a case of force majeure and in particular when the said problem occurs on a flight departing from the hub of the airline company.
When the technical problem is not qualified as a case of force majeure, Blue Panorama Airlines customers will be entitled to all assistance measures and compensation under all the texts.
It will also be interesting to note that the concept of canceled flight will also include cases of flights diverted because they did not follow the planned route.
Check on this site if your flight meets the conditions for access to lump sum compensation. And this, by filling out a form by selecting only your departure airport and that of your final destination.