A passenger seeks compensation after her flight was canceled due to a rat on board, but the airline argues it's exempt under EU regulations.
Passenger seeks compensation for flight cancellation
A passenger has filed a complaint with the Mediation Tourism and Travel (MTV) about the cancellation of her connecting flight, which was caused by a rat being found on board. She is requesting compensation under Regulation (EC) No 261/2004, which provides for fixed compensation in cases of flight cancellations.Airline refuses compensation citing exceptional circumstances
The airline refused to grant compensation, arguing that the presence of the rodent constituted an exceptional circumstance under the regulation, which would exempt it from paying compensation. The airline proposed rerouting passengers to mitigate the effects of the cancellation.Rat caused security checks and flight cancellation
The presence of the rodent required security checks before the flight could resume, leading to the cancellation. The Mediation Tourism and Travel examined the case and recalled that Regulation (EC) No 261/2004 applies to flights operated by an EU-based airline departing from outside the Union.Regulation allows for compensation in certain cases
In principle, passengers may be entitled to compensation if they arrive at their final destination more than three hours late due to a cancellation. For flights over 3,500 kilometers between the EU and a non-EU territory, the compensation is set at 600 euros.Regulation excludes compensation for exceptional circumstances
However, Article 5 of the regulation states that compensation is not due if the carrier can prove the cancellation resulted from exceptional circumstances beyond its control, despite taking all reasonable measures. Recital 14 of the regulation specifically refers to safety risks.Court clarifies criteria for exceptional circumstances
The Court of Justice of the European Union clarified in its Wallentin-Hermann judgment (C-549/07) that the carrier must demonstrate the event was beyond its control and that it took appropriate measures to limit its consequences.Mediation finds no entitlement to compensation
The Mediation Tourism and Travel concluded that the presence of a rodent on board constitutes an event external to the normal operation of air transport and unpredictable for the airline. The security checks required by the incident justify the temporary immobilization of the aircraft and the rerouting of passengers.No compensation recommended for the delay
Under these conditions, the Mediation considers the airline exempt from paying the fixed compensation provided for by the European Regulation. No compensation is therefore recommended for this delay.MTV handles many travel-related disputes
The Mediation Tourism and Travel handled 16,000 cases in 2024, with disputes related to air transport accounting for two-thirds of the cases. The organization's scope includes air transport, rail transport (excluding SNCF and RATP), road transport, travel operators, hospitality, as well as the sports and leisure sectors.MTV expands team to meet growing demand
The team has grown from 9 to 19 lawyers in two years to meet increasing demand. Disputes related to online sales account for 79% of cases, while physical sales points account for 16%. The system enjoys high confidence, with 97% of the MTV's opinions accepted by the parties involved.
