EU261, ‘EXTRAORDINARY CIRCUMSTANCES’ AND NEW PLANES

DATE May 12, 02:19

I had my compensation claim for a lengthy delay (worth € 600) on a certain European airline rejected. Although the airline stated that this was due to a technical fault – “broken” auxiliary power unit (APU) bleed bellows, requiring replacement – they went on to say that the A350 aircraft was only five months old, so the failure was “most probably caused by a mistake in manufacturing or design/ engineering process”. Therefore, it falls within the “extraordinary circumstances” exception to EU261 [flight delay regulations] and no compensation will be paid. They have, however, offered a voucher for € 200, which I have two weeks to accept. Does anyone have any insights into the technical problem, and thoughts on whether I should fight this?

StephenLondon May 12, 09:19

The fact that they are willing to offer € 200 in voucher form says they know they owe you an EU261 claim but are trying to mitigate the payout. I’d take it further and aim for your

€ 600 cash payment.

MartinJ May 12, 11:29

Aircraft technical faults are not extraordinary circumstances. I’d use one of the no-win nofee agencies and pocket € 450 in cash (€600 minus their fee) rather than € 200 in vouchers.

philsquares May 12, 12:27

On the ground, an APU will provide pneumatic air to the air cycle machines, and provide electrical power to the aircraft. It is also used for pneumatic air to start the engines, and is designed to provide another source of electrical power during “extended operations” (ETOPS) flights in case of an engine failure or electrical problem. The APU might have been required for flight but it can be deferred and the flight re-routed on a non-ETOPS plan. For the airline to make such a statement is utter rubbish. The fact the aircraft was five months old has no bearing on your claim at all.