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Old March 26th, 2012, 11:43 AM posted to rec.travel.europe
Tom P[_6_]
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Posts: 563
Default EU Regulation 261/2004 Update

On 03/24/2012 09:37 AM, tim.... wrote:
wrote in message
...

Additional advice on how to proceed would be appreciated.


You write back to them reminding them that an EU court has decided that
replacing some broken part of a plane "on the tarmac" is not an
unforeseeable circumstance but one that HAS been created by insufficient
maintenance during the normal schedule, even if they think otherwise.

tim
.




You don't really know what was the cause of the wheel damage - maybe
the plane hit the ground too hard on the previous landing or had a brake
overheat, or tire damage, so may may well have been unforeseeable.
However, in the final analysis, that doesn't alter the fact that this
was a delay and not a cancellation, and different rules apply.