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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 928
Experience:  Freelance Solicitor at Self Employed
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Regarding refund of 3 plane tickets. I booked through Royal

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Regarding refund of 3 plane tickets. I booked through Royal Air Maroc in January to travel to Morocco in July this year. In July, when it came to travelling, the airline kept changing their dates giving various excuses. In the end, they referred to a Regulation 261/2004 (which I don't understand) stating this situation is extraordinary exempting them from liability. Please clarify what this is? What are my rights/options and how do I get my refund as they have caused me so much distress and losses?

Welcome to JA. I’m Vineet, a UK qualified & practicing Solicitor and I will be dealing with your case today.

I will get back to you with my answer shortly. The system will notify you via email when this happens.

Many Thanks.

Customer: replied 8 days ago.
Thank you

Thank you for your patience.

The rights of air passengers and the obligations of airlines are stipulated in EU regulation 261/2004. The European Parliament and the European Council have defined cases in which airlines are obliged to pay compensation or provide services to passengers.

Passengers are entitled to compensation whenever time irregularities are caused by circumstances that are the responsibility of the airline. If, on the other hand, there are so-called “extraordinary circumstances” outside of the airline’s control, the obligations of the airline are restricted.

The definition of exceptional circumstances in EU Regulation 261/2004 is, however, generalized, and leaves room for interpretation.

In a landmark judgement in 2015, The European Court of Justice determined that avoidable technical problems cannot be defined as extraordinary circumstances (AZ C-257/14). What is ultimately considered an extraordinary circumstance is dependent on the jurisprudence of the respective country.

Your options and rights to get compensation would depend on if the circumstances/reasons given by the airline for the delay would classify as an extraordinary circumstances beyound the control of the airline.

If you need further assistance, please let me know.

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Customer: replied 8 days ago.
Thank you for your reply. In that case, they are citing due to covid 19 crisis. Does that cover them and does that mean that I cannot get any compensation?
Customer: replied 8 days ago.
If so, what are my other options or are there none whatsoever?

No, COVID 19 can not be used as exceptional circumstances by the airlines-

AIR PASSENGER RIGHTS (REGULATION (EC) NO 261/2004)

3.2. Right to reimbursement or re-routing

In the case of a flight cancellation by the airlines (no matter what the cause is), Article 5 obliges the operating air carrier to offer the passengers the choice among:

a) reimbursement (refund);

b) re-routing at the earliest opportunity, or

c) re-routing at a later date at the passenger's convenience.

For further information, click the below link-

https://ec.europa.eu/transport/sites/transport/files/legislation/c20201830.pdf

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Many thanks

Hi there,

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