compensation for cancelled flight

[neilsolaris]

I might be posting this in the wrong place as it is not about a train, tube or bus, but I couldn't see a section on planes. Basically I'm looking for someone to help me clarify a legislation for me regarding cancelled flights.

I am currently trying to claim compensation from United Airlines for a flight that got cancelled from London Heathrow to Chicago, that resulted in a delay of over 22 hours. The flight was cancelled because a demisting warning light was not working.

According to the flight delays page on moneysaving expert (http://www.moneysavingexpert.com/tra...-delays#cancel), this should be a really simple case, in my favour. It says that for cancellations that result in more than a 4 hour delay, and are from an EU country to somewhere as far as America, then the airline is liable to pay the customer 600 euros.

However, there is a discrepancy. On moneysavingexpert, it says "Airlines are exempt from paying out compensation if cancellations are due to "‘extraordinary circumstances'. Basically this covers unpreventable occurrences such as extreme weather conditions, security risks and worker strikes, but not technical problems with the aircraft."

However, I got back an email from United saying "
Please know that it is stated as follows under The Official Journal of the European Union Regulation 261/2004 Recital 14:
“... obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.”
United Flight 949 on September 14 was cancelled due to a mechanical issue, which is categorized as an unexpected flight safety shortcoming and thus, is excluded as per above. I regret any disappointment."

So, my question is, who is correct in the interpretation in this instance, moneysavingexpert or United Airlines? Can "an unexpected safety shortcoming" include technical problems with the aircraft, as was the case here?

Naturally I'm keen to receive the compensation, so I'd be very grateful if someone here could help me on this. Many thanks.

[mc661]

EUclaim | Startpage

[neilsolaris]

Thanks for the link MC, I've registered my details with them now, they've posted off a letter to the airline, so fingers crossed something will come of it. I'll keep you updated.