the leaders of The Swiss precipitated this week, a drastic decision: After it was in an Airbus A220 again to the incident with an engine, they let all the 29 machines of the type of aircraft on the ground. Of the 100 flights had to be cancelled. Around 10’000 Swiss passengers were affected by the temporary Grounding.
Since Thursday, the flight is running back to normal. For the temporarily stranded passengers, but the question is: will you Be compensated for the inconvenience they had to endure by means of failed flights – can be obtained from the Swiss for Pain and suffering?
The passengers ‘ rights for delayed or cancelled flights in Europe are regulated in the EU air passenger rights regulation. It also applies to Switzerland. And stating, among other things, that passengers in case of cancelled or over three hours of late flights, the right to assistance at the airport. For the payment of hotel accommodation, catering, communication, and alternate means of transport include, depending on the Situation.
support, but probably no money
in Addition to these services, flight pass to interact but also a compensation of 250 to 600 euros, depending on the distance of the cancelled flight. The on-site support services, the Swiss seems to have satisfactorily taken care of. The Federal office for civil aviation (Foca) of Switzerland for the enforcement of passenger rights is responsible, writes on request from Sunday view: “The Swiss informed the passengers immediately and in accordance with the European air passenger rights taken care of.”
What are the compensation payments for the affected Swiss-passengers badly. Foca spokesman Urs Holderegger: “We are currently in extraordinary circumstances that led to the engine check. Thus, no compensation according to regulation 261/2004 would be provided.”
it noted that air carriers are exempted from compensation payment if the cancellation is caused by “extraordinary circumstances”, which could not have been avoided, if “all reasonable steps” taken would have been. Ultimately, the question is: Who is for the temporary Grounding of the A220 fleet responsible for? Technical Defects generally fall within the sphere of Risk of the Airline, so the Swiss. Manufacturer damage are considered as exceptional circumstance.
manufacturer damage, little chances of
Simon summer (29), air passenger rights lawyers are cancelled.ch: “Should the Swiss and Foca argue that it is a manufacturer’s damage, so the flat-rate compensation in the amount of 250 to 600 Euro are likely to be calls very difficult.”
According to Stefanie Müller from the German flight right GmbH in Switzerland is more difficult, the EU passenger rights. “Since the interpretations of the European court of justice are not for the Swiss courts to be binding, many of the consumer-protection rulings of the ECJ in Switzerland, not exemplary.” The legal situation in Switzerland thus less consumer-friendly.
And what do the Swiss say? The Airline gives you in terms of compensation payments noticeably slow. Spokeswoman Karin Muller: “focus on the normalization of the operation and care of the passengers were this week. For this reason, the compensation issue could not be analysed comprehensively.”
Basically, one of the parts, but the view of the Foca, that in exceptional circumstances no compensation payments were provided.
The Airline, which proudly bears the Swiss cross in the world, obviously has no interest in the strengthening of passenger rights in their home country on the subject.