Comments on: Flight Cancellation and Travel Insurance – Did You Know… http://www.travel-insurance.net/blog/2009/02/20/flight-cancellation-and-travel-insurance-did-you-know/ Travel and Holiday News and Comments Fri, 19 Aug 2011 11:43:57 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: James Thomsen http://www.travel-insurance.net/blog/2009/02/20/flight-cancellation-and-travel-insurance-did-you-know/#comment-2937 James Thomsen Thu, 08 Oct 2009 15:58:34 +0000 http://www.travel-insurance.net/blog/?p=2211#comment-2937 The European Passenger Rights states that fog can be a siuation where an extraordinary circumstance may occur and even if all reasonable measures were applied the cancellation could not be avoided.The onus is to avoid the cancellation whereas a dealay up to 5 hours is acceptable before the airline must offer a refund of the remaining ticket value and if applicable a return flight to the starting point.In a recent EC cort ruling against Alitalia resulted in the following definition of reasonable measures: The Court states that, since not all extraordinary circumstances confer exemption, the onus is on the party seeking to rely on them to establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able – unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time – to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight. Note the air carrier must prove its case. The European Passenger Rights states that fog can be a siuation where an extraordinary circumstance may occur and even if all reasonable measures were applied the cancellation could not be avoided.The onus is to avoid the cancellation whereas a dealay up to 5 hours is acceptable before the airline must offer a refund of the remaining ticket value and if applicable a return flight to the starting point.In a recent EC cort ruling against Alitalia resulted in the following definition of reasonable measures:
The Court states that, since not all extraordinary circumstances confer exemption, the onus is on the party seeking to rely on them to establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able – unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time – to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight.

Note the air carrier must prove its case.

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