airazurxtror wrote:First things first : have the inconvenienced passengers been given financial compensations ?
I doubt it (but I may be wrong), as :
http://www.brusselsairlines.com/en_be/m ... tions.aspx
If the cause of the cancellation is beyond the control of the airline, such as political instability, meteorological conditions, security risks, unexpected flight safety shortcomings, strikes or air traffic management decisions, then the above provision on the payment of compensation does not apply and above obligations imposed on us may be limited or excluded.
Nevertheless, the carrier will not be liable for Damage occasioned by delay if it proves that it and its servants and agents took all necessary measures that could reasonably be required to avoid the Damage or that it was impossible for it or them to take such measures.
If Brussels Airlines does not give a compensation to its customers (passengers), I fail to see why Swissport should give a compensation to its customers (airlines).
And if Swissport is willing to give a compensation, it should give it to the passengers who have missed their luggage for days if not weeks.
Wrong.
The above quote "if the cause of the cancellation..." is a shortened version by Brussels Airlines of EU Rule 261/2004, aka Denied Boarding. And indeed, the airline probably hasn’t paid the indemnity that 261/2004 orders (150 € for short intra-Europe, 600 € for Africa) because strikes are mentioned as a possibility to limit or exclude the responsibilities. But there are other costs the airline had to make. EU 261/2004 forces the airline to arrange rebookings, even if that’s with other airlines (Involuntary Reroutings). The airline has to provide meals and drinks vouchers (for pax who have to wait) and the airline even has to provide hotel accommodation for stranded pax (example when connection to a long haul will be missed at another airport).
The luggage costs / compensations are different from EU Rule 261/2004.
At airports where there is no Swissport representative, the airlines have to arrange the courier costs to deliver delayed luggage at a hotel or a private house. Airlines will claim the costs back from Swissport.
Some insurance companies will pay an indemnity for late delivery (usually 250€), some won’t pay at all, some will only pay for late delivery during the days of the actual strike. But all those insurance companies ask for a refund from the airline that has caused the delay.
Some individuals will also start a civil case for the damage the cancellation or delay caused. Civil courts in such cases don’t argue with EU-Rule 261/2004, but with the legal principle of “hand of god / overmacht / force majeure”. And that is easy: a strike is not overmacht/force majeure because it’s avoidable. Nobody forces employees to go on strike and nobody forbits management to give in at the moment a strike starts. Only wildcat strikes and strikes by public servants are accepted as overmacht/force majeure. It will lead us too far, but I can assure you that some Belgian medical specialists have recovered substantial income loss after a previous strike at Brussels Airport.