pswe
Medlem
Fick detta svaret av SAS, känns inte som de har på fötterna här för att personalen är sjuk, era tankar?
”The cancelation/delay of the flight was caused by unusually high calls due to sick leave due to the Corona-pandemic and the strict rules set out by the authorities.
EU regulation 261/2004 regulates passengers' right to standard compensation when a flight is cancelled or delayed. However, according to the regulations article 5.3, the passenger is not entitled to compensation if the reason for the delay was caused by an extraordinary circumstance which could not have been avoided even if all reasonable measures had been taken. Unprecedented high numbers of sick leave due to a pandemic, combined with strict rules from the authorities stating that employees are not allowed to go to work with any symptoms, and strict rules regarding quarantine, must be considered as an extraordinary circumstance.
Like other employers SAS must have resources to manage illness among staff and SAS holds staff on standby for these situations. The standby pool is, however, only dimensioned to cover an average amount of absence. Due to the mentioned high number of sick leave, all personnel that were on standby duty had already been utilized at the time of the departure with SK 1586. According to decisions from the Danish and Norwegian National Enforcement Body in case TS 30400-04930 and FLYKN-2020-1111, a situation like this is to be considered an extraordinary circumstance.
By arranging a rebooking to the next available flight/calling for stand by crew SAS took all reasonable measures to reduce the time of the delay. Therefore, we are sorry that we cannot meet your request for compensation in this matter.”
kika lite bakåt i tråden så finns det liknande fall där frågeställaren fått svar från flera på forumet, är det något särskilt i ditt fall som gör att du inte ser att de har på fötterna utifrån rättsfallen de hänvisar till?