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- What are your rights? Can you get your expenses back?
Below is the article from Affärsvärlden
Read the article here
Force majeure is this kind of natural disasters that are of significant size. Examples of this are earthquakes, tsunamis and volcanic eruptions, "says Professor Ulf Bernitz.
For consumers who are affected by volcanic ash is a mandatory law for their interests. But sales law applicable to business to business is dispositive. But usually regulated, there is what happens in natural disasters.
- It depends on how they are regulated in the agreement. But normally there is an exception for this kind of force majeure situations, "said Ulf Bernitz.
The most affected sector, aviation is forced to pay compensation to passengers. But the legal situation is far from clear glass.
- There is some compensation that fall off in cases of force majeure. In general, it is important to be properly exercised in the interpretation of EU law. But in this case it is pretty clear and it is clear already from the preamble to this Regulation (EC Directive 261/2004) that it is this type of events you think. It is as a traveler is entitled to force majeure events, the right to a refund of the price of the ticket to the part not used, or re-routing. And it is the traveler who is offered this as the right to choose between a refund and re-routing, said Jonas Ponte, Senior Adviser at the Ministry of Industry.
The traveler is also entitled to other assistance such as hotels, meals and transfers to and from the airport. Something ceiling for how long and much assistance will cost is not regulated.
- There are no such restrictions in regulation. It is a matter ultimately for the ECJ to interpret if there is no such outer limit on how long you pay for example hotels. But the wording of the regulation follows no such border, "said Jonas Ponte.
Consumers are thus protected by the EC Directive 261/2004. But the trader is free of contractual freedom.
- If, for example, has a supply contract to supply components for the automotive industry through the air and they will not leave because of the ashes, this is in fact regulated in some form of contract. If they are not regulated and it deals with international partners, it is köplagskonventionen CISG which lies at the bottom. There is a kind of regulated control responsibilities. But in practice almost always require the parties to the CISG from the game that is permissive in nature and adjust the contract as needed, says Dr. Jonas Schelin at Stockholm University.
He explains that the contracts are quite different depending on what is delivered.
- It's a big difference if you sell components that a customer must have as inputs in their own industry and if you have a long ore contracts which will deliver thousands of tons of ore. For the recipient of the ore means a little delay. Iron Works has namely large stockpiles of ore they can take off for a period while those who need a component to a machine could be forced to shut down the entire industry after only a few hours.
But in general, almost all major standard contract has a regulation that says that the seller does not end up not in default on this type of natural disasters. If the seller would be liable for damages, he would in fact be very difficult to predict their liability. A small supplier to a major industry would rather immediate bankruptcy.
- Of course there will be significant damage because of the situation. But producers must bear the damage themselves. The seller in the form of that he can not get their products and customers that produce more processed goods may take downtime costs, "said Johan Schelin.
Will the buyer require the seller to take an alternate route even if it becomes more expensive for the seller?
"It depends on what you have for the condition. Often the contract provides that goods must be shipped by air and they have different trade terms that govern the shipment will be made. In a situation such as this sits down as both parties are interested in minimizing the damage and it automatically creates incentives for parties to agree on alternative solutions.
- Swedish air space control
LFV manages air traffic control in the Swedish air space and makes decisions on whether the airspace is open or not in different parts of Sweden. Airlines decides when and between which destinations they want to pursue the possible routes.
Swedavia operates fourteen of the country's airports. Airports are, in principle, always open, but a prerequisite for the air to be conducted is that the airspace above the airport is open, the skies at the airport destinations are open and that airlines are able to conduct air right there.
If air rights in the event set
Learn your rights when flights canceled on the Consumer Agency's website.
Links
- Airport-related issues http://www.swedavia.se/, http://www.skavsta.se/
- Authority for Civil Contingencies www.msb.se
- Transportation Board http://www.transportstyrelsen.se/
- Weather Information www.smhi.se
- European Air Navigation Service affiliation www.eurocontrol.int
- Volcanic Ash Advisory Centre http://www.metoffice.gov.uk/aviation/vaac
Links to some of the main airlines
www.sas.se
www.klm.com
www.lufthansa.com
www.airfrance.com
www.ryanair.com
www.britishairways.com
www.skyways.se
www.nextjet.se
www.malmoaviation.se
www.cityairline.com
Slow progress has been made in opening European airspace after the cancellation of many flights because of the volcanic ash cloud and disruptions will continue this week
Much of UK airspace to remain closed until 1800 GMT
Britain's biggest airports remained closed, and even where flights resumed, at the Edinburgh and Glasgow airports in Scotland, the service was limited.
EU Transport Commissioner Siim Kallas said on Monday, after a ministerial video conference, that more flights would leave on Monday, easing days of disruption for millions of passengers.
Details remained sketchy of how the authorities would split European airspace into areas where aircraft could fly or not and other countries were adopting a more cautious approach.
Under the deal, which Kallas said would take effect from 0600 GMT, the area immediately around the volcano will remain closed.
But flights may be permitted in a wider zone with a lower concentration of ash, subject to local assessments and scientific advice, the European aviation control agency Eurocontrol said.
Airlines had declared numerous test flights problem-free over the past days, but experts disagree over how to measure the ash and who should decide it is safe to fly.
Health
The European Commission is checking whether the volcanic ash cloud over Europe could have any impact on people's health but has no concerns for now.
Ash particles from Iceland's still-erupting volcano remain high in the atmosphere and do not pose a health risk so far to people in Europe, the World Health Organisation said on Tuesday.
Toning down its guidance from Friday, when it said the ash cloud that has grounded flights could be "very dangerous" for those with asthma and respiratory problems, the WHO said there was no cause for public health alarm so far.
The World Meteorological Organisation, which like the WHO is based in Geneva, said on Tuesday that the ash particles are made up of small jagged pieces of rocks, minerals and volcanic glass the size of sand, salt or silt. br/> The smallest particles tend to stay in the atmosphere longest. Such fine particles are normally dispersed by thunderstorms which are not expected in the region in the coming days. A low pressure weather system is expected to develop over Iceland later this week, potentially pushing the cloud towards the Arctic and prompting rain to "wash out" the ash.
The United Nations agency said the fine particles of ash were not harmful as long as they remained into the upper atmosphere but could be more problematic if they fell to earth.
Click here for a full list of airspaces closed
and
here for the list of the European main airports.
Read more
- Ash cloud: Further restrictions in the Swedish and EU sky
(UPDATED Tuesday 20 / 4 at 16:00) The airspace south of a line between Strömstad and Stockholm will be closed. To the north is open skies. Airspace over including Bromma, Skavsta, Gothenburg and Malmö is therefore closed. The airspace over the airport and the north is open. Flights at high altitude over southern Sweden are allowed. Skies over much of Europe is closed. The volcano has again started to place ashes.
Airspace closed in southern Sweden - north open
(UPDATED Tuesday 20 / 4 at 09:10) The airspace south of a line between Strömstad and Nyköping is closed. To the north is open skies. Airspace over including Heathrow and therefore is open to the north, while the sky over Gothenburg and Malmö are closed. Flights at high altitude over southern Sweden are allowed. Skies over much of Europe is closed. According to recent reports have Eyjafjallajökull volcano entered a new phase. The place is no longer the same amount of ash, but more lava.
(UPDATED mon at 16:15) According to recent reports have Eyjafjallajökull volcano entered a new phase. The place is no longer out ash but lava.
All Swedish airspace, but air space over Malmo and southern Baltic Sea, is now open. At 20 tonight, however, closed the airspace from Stromstad to Nyköping and south. In this area you will not be able to land or take off. Over flights at high altitude, however, will be possible. Airspace north of the above line will be open.
Forecast for the ash cloud motion the next 12 timmarna.pdf
2010-04-19 Decisions on restrictions in the Swedish and European airspace due to the ash cloud from the Icelandic volcano is based on the latest weather reports and the decisions taken by consensus within the aviation safety agency Eurocontrol. The decisions are therefore the overall risk assessment for the area and are updated four times a day.
LFV responds to the move earlier in the day came from the international airline organization IATA Director General Giovanni Bisignani. Bisignani criticized European governments to have acted more on theory than fact in the top flight was introduced.
Kimmy Bech, Operations Manager, LFV:
- Decisions on restrictions is definitely based on fact. Together with Eurocontrol, decisions are based on the latest weather forecasts and the reports coming from Metoffice (VAAC, Volcanic Ash Advisory Centre) in London. This is a comprehensive assessment to ensure the highest possible safety. We follow the international regulations and the decisions taken at the Eurocontrol collaboration meetings four times each day.
- We regret of course that large portions of airspace is restricted and can understand the frustration of all involved actors. We follow all the time askmolnets range and gradually open the sectors where regulations permit. In addition, the continuous European coordination to review the principles of how decisions are made, "said Kimmy Bech.
(Updated at 08:35, 19 / 4 2010) The airspace north and west of a line Stockholm to Gothenburg is opened this morning. Although airspace around Bromley has been opened.
In much of Europe remains the restrictions.
The overall state of askmolnet is still uncertain. Volcano eruption in Iceland is still ongoing. Another complicating factor is that the volcano is below a glacier, which means that the dust can be particularly aggressive.
LFV's work to ensure flight safety is conducted and based on assessments carried out together with Eurocontrol CFMU (Central Flow Management Unit), Vulkanaskecentret in London, the other northern European air navigation service, SMHI, Governments and other stakeholders.
Updated information will be regularly published on lfv.se
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- Social media faster way home!
Skjutsgruppen (swedish carpooling) on facebook
Carpool Europe on facebook
Reskamrat/ resedagboken (travelmate search in swedish but works in english)
Have a look at HD.se also for more...
The cloud of ash creates major disruptions in traffic. For information about your trip, contact the airline or tour operator.
The Civil Aviation Administration (LFV), which is working to ensure flight safety. The work is continuous and based on assessments with other agencies, including SMHI and other northern European air navigation service providers and government.
Volcanic ash in the air can cause several problems for the aircraft:
• The ash can blast effects on the aircraft windows, which makes carpet squares.
• The ash melted in turbine engines and ports on the turbine blades, vanes, etc. It can at worst cause engine failure.
• The ash can enter luftkonditioneringsen and cooling technologies for the aircraft.
• The ash can contaminate the electrical system and influence the hydraulic systems and smoke detectors.
Your rights
As an air passenger, you always have the right service and support. You always have the choice between refund or rerouting. This applies regardless of the reason for the flight cancellation.
The rights set at the flight if your flight has been canceled, you always have the right to assistance from the airline. Contact your airline before departure to check what is what. Here you will find information on the arrangements for cancellations.
Information from State Department
Consumer Agency on the Rights of set air
Consumer rights in Europe on flights canceled
Transportation Board on passenger rights
Travel Agents Association of passenger rights
Read more (in swedish)
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Using the mobile phone in EU
Eurotariffs introduced: starting summer 2009, making a call cannot cost more than 43 cents and receiving a call cannot cost more than 19 cents. This will be further reduced by July 2010 to 39 cents for making a call and 15 for receiving a call.
Euro-SMS tariff introduced: from 1 July 2009, sending an SMS from abroad costs no more than 11 cents (excluding VAT). Receiving an SMS in another EU country will remain free of charge.
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- WHO: Patients with respiratory conditions more susceptible to effects of ash
WHO: Patient with respiratory conditions more susceptible to effects of ash
16 APRIL, 2010 | GENEVA -- The ash cloud from the volcanic explosion in Iceland contains fine particles, similar to those emitted from other sources of particulate matter (PM); but as long as ash remains in the upper atmosphere, there will not likely be an increased risk of health effects, according to WHO.
"Particulate matter is identified according to its diameter. The small particulates less than 10 microns in size are more dangerous because they can penetrate deeper into the lungs," says Dr Maria Neira, Director of Public Health and Environment Department at WHO.
Analysis of the ash is ongoing and so far it is estimated about 25% of the particles are less than 10 microns in size.
People with chronic respiratory conditions like asthma, emphysema or bronchitis may be more susceptible to irritation if ash is in the lower atmosphere in high concentrations.
"Since the ash concentration may vary from country to country depending on the wind and air temperatures, our advice is to listen to local public health officials for the best guidance for individual situations," says Neira. "If people are outside and notice irritation in their throat and lungs, a runny nose or itchy eyes, they should return indoors and limit their outdoor activities."
In case of increased air pollution, normal precautions are advised, i.e. avoidance of strenuous exercise by people with asthma and respiratory symptoms in days with high air pollution.
WHO will remain in contact with experts monitoring air quality in the affected region, and advises people to follow the latest guidance from their local health officials.
Read More at WHO
- National Board of Health and WHO, no increased health risk as long as the ashes are at high altitude
2010-04-17 08:30
[Source: National Board of Health and WHO, 2010-04-16 14:30]
National Board of Health is closely monitoring developments in order to determine whether the ash poses no health hazard. As long as volcanic ash is at high altitude, there is no increased risk to human health.
The particles from the volcanic ash is between 3 000 and 10 000 feet, and seems to be about to get thinned out. Today you can not even find any increased levels of ground level. Only if the ash reaches the ground that human health may be affected.
National Board therefore considers that the current situation there is no risk to human health exists but is monitoring developments closely. If the situation changes, the authority will go out with new information.
In Swedish use Google.com to translate.
Read More
- Clouds of ash after the eruption in Iceland
[2010-04-20] A cloud of ash after the eruption in Iceland has closed the airspace over parts of Europe. On this page you will get more details about how authorities and other stakeholders are now working.
The problems of air traffic continues. Some parts of airports and airspace have been reopened, but there will be large variations in the near future.
Swedish authorities keep close contact to coordinate their actions. Government Offices monitor the situation and are in constant contact with the relevant authorities.
[Source: LFV (Luftfartsverket, 2010-04-19 07:40]
Airspace north and west of a line Stockholm to Gothenburg is scheduled to open this morning. Although airspace around Bromley may be open. In much of Europe remains the restrictions.
The overall state of askmolnet is still uncertain. Volcano eruption in Iceland is still ongoing. Another complicating factor is that the volcano is below a glacier, which means that the dust can be particularly aggressive.
LFV's work to ensure flight safety is conducted and based on assessments carried out together with Eurocontrol CFMU (Central Flow Management Unit), Vulkanaskecentret in London, the other northern European air navigation service, SMHI, Governments and other stakeholders.
For more information, LFV
More information at Swedavia
[2010-04-18] A cloud of ash after the eruption in Iceland has closed the airspace over parts of Europe. On this page you will get more details about how authorities and other stakeholders are now working.
The Swedish, Norwegian, Danish, Finnish and Icelandic authorities, working with the Civil Contingencies met on Saturday night. Each country is currently analyzing the long-term consequences of the volcanic eruption. It looks at the fallout from a askmolnet could affect humans and animals, the environment and critical infrastructure.
Swedish authorities keep close contact to coordinate their actions. Government Offices monitor the situation and are in constant contact with the relevant authorities.
Your County Clerk may answer questions on the state where you live.
[2010-04-17] A cloud of ash after the eruption in Iceland has closed the airspace over parts of Europe. There are currently no position to suggest an increased risk to human health but with askmolnet there may be an increased number of particles of soot and ash into the air.
Friday, April 16 met again relevant authorities to coordinate their actions. Government Offices monitor the situation and are in constant contact with the relevant authorities.
Your County Clerk may answer questions on the state where you live.
On this page you will get more information on what governments and other actors, following the event. This page is updated continuously on tha swedish crisis center follow link below, translation via Google.com translation feature
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- Travel agency ignore the remaining passengers
Travel arrangers treats its passengers very different. Some leave their passengers and take themselves home. Others take responsibility as more of the major tour operators. Other especially the small leaves its passengers to fend for themselves.
Among those I know have at least one had to solve it all by herself as the travel manager and the owner of the small travel agency itself took a rental car that could run up to Copenhagen. Others among the nine on the trip were free to hire their cars on their own. But they could not run further than Germany. There was only one that could be run to Copenhagen.
I can not help but think that it is too sad!
Should you if you where that owner done the same? I do not hope that anyone would do that. But apperently there are some ...
They shouldn't be allowed to operate according to me!
Now they need to get from Hamburg to Malmö or Copenhagen! Please help them!
Send me an e-mail and I'll forward!
Problem solved with train! Thank you! |
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