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What are the differences between EU 261 regulations and the ambiguity surrounding advised NOTAMs?
EU 261 compensation only applies to flights departing from the EU or operated by an EU-based airline, while advised NOTAMs can impact flights globally.
NOTAMs can be issued for a wide range of operational reasons, from weather to technical issues, which may or may not qualify as "extraordinary circumstances" under EU 261.
Passengers are entitled to compensation under EU 261 if their flight is canceled or delayed by 3 hours or more, unless the airline can prove the disruption was due to extraordinary circumstances.
However, the definition of "extraordinary circumstances" is ambiguous, leading to disputes between airlines and passengers over when compensation is warranted.
NOTAMs are official notices issued by aviation authorities to inform pilots and airlines of potential hazards or changes to airport operations, but they do not automatically exempt airlines from EU 261 obligations.
Courts have taken different approaches when assessing whether a NOTAM-related disruption constitutes an extraordinary circumstance under EU 261, leading to inconsistent rulings.
Airlines have sometimes attempted to cite NOTAMs as a blanket defense against EU 261 compensation, but this strategy has had mixed success in the courts.
The timing of when a NOTAM is issued can also be a factor, as last-minute notices may be viewed differently than those provided well in advance by the courts.
Passengers can still claim compensation under EU 261 even if their flight is impacted by a NOTAM, but the burden of proof is on them to demonstrate the airline's liability.
Non-EU airlines operating flights to or from the EU are also subject to EU 261, but the regulation's applicability to their operations may be less clear-cut.
The EU's recent "Airhelp vs.
SN Brussels Airlines" ruling expanded the scope of EU 261 to cover flights between non-EU countries if operated by an EU-based carrier.
In the UK, the country's own passenger rights regulation (UK 261) provides similar protections to EU 261, but with some differences in interpretation and enforcement.
Airline industry groups have lobbied for greater clarity and exceptions to EU 261, arguing that the regulation places an undue burden on carriers during disruptive events.
Passenger advocacy organizations, on the other hand, have pushed for stronger enforcement of EU 261 to ensure airlines fulfill their obligations to compensate affected travelers.
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