The closure of UK airspace following the volcanic eruption in Iceland is causing significant disruption, which could worsen if the situation persists. The practical challenges faced by many carriers operating to and from the UK (as well as other European countries) will be exacerbated by the legal obligations which arise under EC Regulation 261/2004. The following points are worth noting:

1. The current situation is likely to be a clear example of "extraordinary circumstances" under the Regulation. Information published on the UK CAA's website currently confirms that to be their view also. As such, passengers will not be entitled to monetary compensation in respect of flights which are delayed or cancelled because of what is happening.

2. Carriers will be aware that, in circumstances of long delays or cancellations, they will be faced with obligations not only to provide care and assistance (including, where applicable, hotel accommodation) but also reimbursement and/or re-routing. The wording of the Regulation does not express any limit on the duration over which these strict obligations endure. However, carriers may wish to bear in mind the following:

  • The European Commission has indicated in guidance notes that rerouting alternatives can be proposed by other means of transport, such as train or bus, "if the distance to be covered is appropriate for such transport modes." Whilst no guidance is given on what is or is not "appropriate", ground transportation is unlikely to be a practical alternative in a significant number of cases.
  • EC guidance also states that, if a passenger is offered re-routing "under comparable transport conditions" but chooses instead to travel at a later date rather than at the earliest opportunity, a carrier's obligation to provide further care and assistance ceases at that point in time. Whilst the current situation persists, however, it must be open to doubt whether carriers will be in a position to offer re-routing under comparable transport conditions.
  • In order to minimise exposure to care and assistance obligations, carriers are encouraged to advise passengers not to travel to the airport of departure until the situation has been resolved and UK airspace re-opened.

BLG's regulatory team would be happy to assist any airline wishing to explore its options in further detail.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.