[PHXFlyer]

Originally Posted by Butch Cassidy Slept Here

Phx Flyer said...
As stated above, for a flight originating in the US the EU/CAA rules do not apply. The correct government agency to contact would be the US DOT.

It appears this ruling--re Wallentin-Hermann v. Alitalia Airlines--should solidify the case of the person who began this thread. The entire story appears in the link below.


http://www.elliott.org/blog/merry-ch...inary-present/

To quote the ruling:

"

A technical problem in an aircraft which leads to the cancellation of a flight is not covered by the concept of ‘extraordinary circumstances’ within the meaning of that provision, unless that problem stems from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control.

The frequency of the technical problems experienced by an air carrier is not in itself a factor from which the presence or absence of ‘extraordinary circumstances’ within the meaning of Article 5(3) of Regulation No 261/2004 can be concluded.
The fact that an air carrier has complied with the minimum rules on maintenance of an aircraft cannot in itself suffice to establish that that carrier has taken ‘all reasonable measures’ within the meaning of Article 5(3) of Regulation No 261/2004 and, therefore, to relieve that carrier of its obligation to pay compensation provided for by Articles 5(1)(c) and 7(1) of that regulation."

A technical problem is a mechanical failure. The original complaint in this thread said the matter was first described as a weight/balance issue and then became a weather delay. Neither is a mechanical problem.

Phx Flyer: I know you're in a state of denial. However, PLEASE read that part of the article which states that flights FROM / TO the USA are covered by their ruling.

Some provisions of EU law regarding US carrier flights from the US to an EU member nation are enforceable however the rules of compensation for delayed or canceled flights which originate in the United States are not.

Perhaps, Phx, you will want to hop on your beloved US Airways (assuming they can get you there--in less than two weeks!) and file an appeal to the EU High Court (if this ruling didn't come from there.) One can never be too careful, Phx, your precious FF miles may, now, be in jeapordy! About your miles and fantastic "super-elite" status: If a flight attendant vomits in your face I suppose your response is to say "thank you," and can I have another 1,000 miles.

You're insane! Credibility is now LESS than ZERO!