Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-09-27-Speech-2-199"
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"en.20050927.20.2-199"2
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"Madam President, I would like to inform Mrs Stihler that charter flights are also covered by the scope of Regulation 261/2004. As such, airlines operating this type of flight are of course obliged to comply with the provisions of that regulation.
From what you said, this was a case of a long delay caused by a crew shortage, and therefore not denied boarding. In this case, no financial compensation is laid down as it is for denied boarding and cancellations. Nevertheless, airlines are of course obliged to provide appropriate assistance – drinks, food, means of communication and hotel rooms, as appropriate – in order to minimise the inconvenience suffered by passengers. This assistance is compulsory in the case of denied boarding, long delays and cancellations, even if they are due to
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With regard to financial compensation, airlines are only exempted from providing it for cancellations and denied boarding caused by exceptional circumstances. So, can a crew shortage be considered to be an exceptional circumstance? This matter must be assessed on an individual basis, in view of all the factual aspects, in particular the organisation of replacements and the availability of reserve crews on site. Mrs Stihler, you will appreciate that, without all those details, the Commission cannot issue a definitive judgment.
However, on the basis of Article 16(2) of the regulation, passengers may now complain, if necessary, to national monitoring bodies specially authorised to deal with their complaints and their differences with airlines. I think that is all I can say, given that the best of regulations cannot cover all specific situations and that such situations need to be assessed case by case, on the basis of all the elements. In this specific case, it would be necessary to check whether replacement staff were available at the local airport for a return flight or whether organisational provisions were in place. As I said, though, the passengers in question now have the option of turning to the body set up at national level to deal with their complaints."@en1
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