Stedatter fikk avslag på kompensasjonsforspørsel etter å ankommet mer enn 4 timer senere enn planlagt etter at hennes opprinnelige fly ble kansellert.
Forklaringen for å ikke betale kompensasjon er crewmangel pga covid.
Har letet etter sakene TS 30400-04930 and FLYKN-2020-1111, men ingen treff annet enn et nøyaktig likt innlegg på businessclass.se.
Etter det andre saksnr å bedømme kan det virke som en sak fra 2020. Vi er i 2022 nå og covid er langt ifra like ekstraordinært som for to år siden.
Hovedspørsmål: har SAS hold i saken, eller prøver de bare å vri seg unna?
"Thank you for contacting us regarding the delay/cancellation of your flight from OSL to TRD. 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 . 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. However, in accordance with the provisions of EU regulation 261/2004, we will cover so called "care" costs. This includes additional costs for meals and accommodation at station of irregularity when needed, and two telephone calls. We are also responsible for providing re-routing to the final destination (destination shown in the original SAS ticket) at the earliest possible opportunity, depending on availability. Should you incur expenses of this nature not covered by our station, please kindly provide us with your receipts and bank account details (bank name, IBAN and BIC code) for our handling. Again, we are sorry for the inconvenience you encountered on this occasion and do hope that we will have the opportunity to welcome you back onboard SAS in the future, in more favorable circumstances."
