Iraqi Airways plane delay: Iraqi airline’s false excuse not to compensate you
Used as an excuse for delay by companies, exceptional circumstances are far from being always justified. Our advice to succeed.
Are you flying on Iraqi Airways to go on vacation? You may be overbooked, delayed or canceled. Be aware that in these cases, there are often forgotten compensation arrangements for users. Only 5% of eligible passengers take even one step to try to obtain compensation, according to several experts and specialists in air consumer rights, and companies that seek compensation instead of travelers.
Worse, when customers assert their rights, many airlines drag their feet to reimburse them by playing the card of extraordinary circumstances. Transporters make the procedures more complex. More than half of the cases are settled by the courts and not by the after-sales service. Some airline companies ask for multiple supporting documents, decide to stop responding to emails, and end up saying that it is impossible to compensate the person because of extraordinary circumstances.
In these conditions, no other choice for the injured passenger to sue the company. Or to entrust his file to providers. Please note, these obviously do not work on a voluntary basis. For a commission of 18 to 30% of the sums recovered, they will try to obtain an amicable agreement with the carrier or will take it to court.
But you don’t always win. This notion of exceptional circumstance is indeed still very vague. It is defined by the Court of Justice of the European Union (CJEU) as an event which, by its nature or its origin, is not inherent in the normal exercise of the air carrier’s activity and is beyond the control of effective of it. The companies are lobbying the European Commission to make incidents that are nevertheless their responsibility exceptional.
Weather is no excuse
It is the jurisprudence that gradually defines what constitutes an exceptional circumstance. Since May 4, 2017, and a judgment of the CJEU, the collision between an airplane, particularly in the turbines, and a bird is for example considered as an exceptional circumstance. Air passengers can no longer be compensated for this cause.
But in many other cases, companies overuse this notion of exceptional circumstance. He sticks to a simple principle: Whether it sells, rain, snow or hail does not change anything. From the moment competitors’ planes take off without delay, this is proof that weather conditions are no excuse.
According to him, fog is not an exceptional circumstance. If your plane is stuck on the runway for several hours, this may be due to the qualification of the pilots. Flying an aircraft in the presence of fog requires a special license which not all pilots have. The company is therefore directly responsible. Another example: episodes of extreme cold that can freeze parts of the plane. Again, the companies with which Iraqi Airways are sufficiently equipped to be able to thaw the affected parts in time, “he insists, adding that justice has proved him right in 95% of the cases.
The scale of compensation set by the European Union in the event of delay, cancellation or overbooking:
Practical solutions are provided by experts to succeed
Problem with plane transportation? Find out if you are able to succeed. Through our form, you can get in touch with a legal expert with the capacity to design your case for you and thus defend your rights, which have been poorly respected by your airline.