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Is this an extraordinary circumstance ?

Sheffield, United...
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Is this an extraordinary circumstance ?

I've just received the airlines defence for my delayed flight.

They are refusing to pay because the pilot broke his arm in an accident at home just before he was due to fly our plane.

Is this an extraordinary circumstance or should they have had a backup pilot.

Llandudno North...
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1. Re: Is this an extraordinary circumstance ?

10/10 for an inventive and individual reason.

It does sound quite extraordinary, but........... Where was the stand by pilot and more importantly would a small claims court agree, I think that's where you may need to go to find out.

Good luck, this could be a long journey. Are you prepared to put the effort in?

:-)

Sheffield, United...
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2. Re: Is this an extraordinary circumstance ?

I'm already on the small claims route. The airline wouldn't give me a reason why the aircraft was delayed until this week when they filed their defence with the court. Just wondering if it's worth carrying on or cut my losses and cancel the court action.

Liverpool, UK
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3. Re: Is this an extraordinary circumstance ?

"They are refusing to pay because the pilot broke his arm in an accident at home just before he was due to fly our plane. Is this an extraordinary circumstance or should they have had a backup pilot."

In my view the pilot breaking his arm is not something the airline could have foreseen and whilst it might be reasonable for airlines to have back up pilots they cannot have be expected to have enough to cover all possible pilot "absences".

I think this would be one for the court to decide - if the airline could show for example they had say 5 back up pilots but 7 "absences" this might be considered exceptional if the airline could also provide evidence that less than 5 "absences" was the norm.

newcastle upon tyne
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4. Re: Is this an extraordinary circumstance ?

So you believe every airline should have a back-up pilot waiting at the airport for every single flight they operate, just in case something happens to the original pilot ?. Seems a bit far-fetched to me. Doesn't your travel insurance cover this scenario ?

London, United...
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5. Re: Is this an extraordinary circumstance ?

I think this is quite extraordinary

Agree with Tom, it really depends on the circumstances and could they reasonably be expected to have a back up pilot, in that location available at that time ie it was their home hub ( reasonable) or it was a remote hub ( not really reasonable). If also depends on how many other absences they they had to deal with on that day versus how many back up staff they had, for that location.

Small claims is quite cheap so no harm in pursuing. I would not recommend taking it further than small claims, they are obviously going to fight it and they may have a very good case and win.

I have to be totally honest though, unless you provide further info on the case ie how long delayed, what airline, what route, how many other flights delayed that day, weather conditions etc, I would not take it further. You either will need to be wllling to put in the effort to match their legal team, or walk away. Your call.

Lancashire, United...
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for Playa Blanca
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6. Re: Is this an extraordinary circumstance ?

Is this a different delay to the Monarch one you asked about late last year?

Edinburgh, United...
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7. Re: Is this an extraordinary circumstance ?

Extraordinary circumstances in the eyes of EU261 are not extraordinary circumstances as regular people use the term. What really matter is whether or not the airline could have prevented the delay/cancellation had they taken every reasonable measure to do so. It's impossible for anyone in here to have a qualified opinion on whether this is so in your case so I'm guessing it'll be up to a small claims court judge to decide (which may be a bit of a lottery).

Sheffield, United...
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8. Re: Is this an extraordinary circumstance ?

Same one.

We were told that they had technical difficulties but now I've filed a claim they have come up with the pilot breaking his arm story (which is probably true)

They had over 200 days to tell me the truth but waited until I went to the small claims court.

Portland, Oregon
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for Air Travel
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9. Re: Is this an extraordinary circumstance ?

>> Same one. <<

tripadvisor.com/ShowTopic-g1-i10702-k5835014…

Your original thread stated that you were denied boarding ("bumped") due to an overbooking, and had to wait for a second aircraft.

"However this flight was overbooked and we were denied access to the flight as Monarch did not send a large enough aircraft to accommodate the number of passengers and another aircraft had to be sent from Spain (flight number ZB8471) and did not depart until 23:10 on 15/09/12. Monarch were fully aware of the number of passengers waiting to check in."

How can a pilot suffering a broken arm be a reason for an oversold situation?

London, United...
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10. Re: Is this an extraordinary circumstance ?

I doubt they would lie. That would be very foolish of them. I would proceed, if this is what you intend to do, on the assumption the pilot broke his arm and could not fly.