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Claimant's opinion: I have fully researched this situation and am aware of Regulation 261/2004 regarding flight compensation for EU travelers. In reading that, along with the pamphlet we were given at the airport, along with researching this exact scenario online, that I sought compensation with zero doubts about the legitimacy of the claim. I fail to see how a mechanical issue with the plane falls under "extraordinary circumstances which could not have been avoided even if all reasonable measureshad been taken."First of all, the regulation was designed (as stated by the European Court of Justice) to protect consumers and reduce the trouble and inconvenience caused when flights are cancelled, and the "extraordinary measures" was written to represent a minority of cases that are to be reasonably seen as outside the control of the airline. When United uses the mechanical and technical failings of the planes, which certainly fall under the responsibility of the airlines to manage and prevent, there leaves a very tiny percentage of cases that could be considered "not extraordinary and avoidable." United is adjusting the definition of this regulation to their advantage and to the extreme disadvantage of their customers. Second of all, I can't imagine that you and the airline are unaware of the cases that have been brought to light regarding these very circumstances between passengers and airlines. The only case I need mention here is from 2008, where the ECJ made the law much clearer "byruling that technical faults, unless they stem from 'events which, bytheir nature or origin, are not inherent in the normal exercise of theair carrier', DO NOT count as examples of extraordinarycircumstances."
Claimant's opinion: According to the law firm of Bird and Bird (http://www.twobirds.com/English/News/Articles/Pages/Denied_boarding_regulations.Aspx) who explicitly laid out the results of this 2008 case:*****In the preamble to the Regulations, there is a list of eventswhich may constitute “extraordinary circumstances”, including “unexpected flight safety shortcomings”,the Court was keen to emphasise that it does not necessarily followthat their mere occurrence would enable an airline to take advantage ofthe defence. Instead, it ruled that for an event to be characterisedas “extraordinary” it must be one which “is not inherentin the normal exercise of the activity of the air carrier concerned andis beyond the actual control of that carrier on account of its natureor origin.” It went on to say that aircraft experiencingtechnical problems is part and parcel of an airline’s operation andthat one of the reasons why aircraft are subject to regular checks isto prevent such problems from arising. It followed from this that theresolution of a technical problem which came to light during maintenance of the aircraft or as a result of a failure to carry out maintenance could not amount to an “extraordinary circumstance” under the Regulations.
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