Subject: RE: Forwarding a complaint
From: "Passenger rights airBaltic" <[email-masked]>
To: "Merli Siitan" <[email-masked]>
Date: Tue, 17 Jun 2025 15:45:54 +0300

Dear Merli Siitan,

Air Baltic Corporation AS (Airline) hereby informs you that it had received 
a claim from Lauri Kööp (Passenger) regarding canceled flight BT857 
Tallinn – Amsterdam on January 5th.

Airline would like to inform that the Passenger’s Flight (scheduled aircraft 
YL-CSG – please see attachment No. 1 – extract from Network Planning System) 
was cancelled due weather conditions at Amsterdam airport (please see 
attachment No. 2 – extract from METAR). Airline also explains that a NOTAM 
was published that major disruptions are expected (please see attachment No. 
3 – extract form NOTAM). Information about weather conditions on January 
5th, 2025 at Amsterdam airport which also seriously impacted aviation 
traffic was also published in social media (please see attachment No. 4 – 
extracts from social media resources). Additionally, Airline explains that 
also other airlines’ flights to Amsterdam airport were seriously impacted 
and flights arrived with delay or were cancelled (please see attachment No. 
5 – extract from Flightstats). As weather forecasts at that time did not 
show improvements, the decision to cancel the Flight was made and provide 
passengers with fastest possible alternative flights.

As Airline cannot precisely forecast weather conditions in advance as well 
as have no influence upon it, Airline has to conclude that in this case 
Flight cancellation was caused by extraordinary circumstances. Current 
Regulation (EC) 261/2004 “establishing common rules on compensation and 
assistance to passengers in the event of denied boarding and of cancellation 
or long delay of flights, and repealing Regulation (EEC) No 295/91”  Article 
5 (3) states that “(..) air carrier shall not be obliged to pay compensation 
(..) if (..) cancellation is caused by extraordinary circumstances which 
could not have been avoided even if all reasonable measures had been taken”.

In addition, the Airline refers to the Interpretative Guidelines on 
Regulation (EC) No 261/2004 of the European Parliament and of the Council, 
establishing common rules on compensation and assistance to passengers in 
the event of denied boarding, cancellation, or long delay of flights, and on 
Council Regulation (EC) No 2027/97 on the liability of air carriers in the 
event of accidents, as amended by Regulation (EC) No 889/2002.

Specifically, Section 4.2.2 of the Guidelines provides that the phrase 
“proportionate to the waiting time” requires the operating air carrier to 
provide passengers with appropriate care commensurate with the expected 
duration of the delay and the time of day or night at which it occurs — 
including in the case of connecting flights — with the objective of 
minimizing passenger inconvenience, while respecting the principle of 
proportionality. Furthermore, it is noted that neither the Regulation nor 
the Interpretative Guidelines offer a precise definition of the 
proportionality of the costs incurred. Therefore, carriers retain some 
discretion, provided that the care is appropriate and reasonable in relation 
to the circumstances.

However, based on CPTRA’s recommendation to reimburse the meal expenses in 
the full amount, Airline in this case agrees to additionally reimburse an 
amount of EUR 153,55 (deducting two alcoholic beverages from the receipts – 
“Ad Hoc Primitivo 15cl” – EUR 8,50 and “CH Belle Assise” – EUR 12,50), as 
after the initial EUR 96 reimbursement an additional reimbursement of EUR 48 
was processed.

The Airline would also like to clarify that, according to the Passenger’s 
ticket, his final destination was Amsterdam airport. As the airline 
transported the Passenger to his final destination, it does not consider the 
Passenger’s request to cover taxi expenses in Amsterdam to be justified. 
Expenses are not to be considered justified, as the current Regulation (EC) 
261/2004, establishing common rules on compensation and assistance to 
passengers in the event of denied boarding, cancellation, or long delays of 
flights, and repealing Regulation (EEC) No 295/91, does not stipulate that 
airlines are required to cover such expenses.

Based on the above, the Airline will reimburse the meal expenses in the 
amount of EUR 153,55, however Airline cannot agree to pay the Passenger 
cancelled flight compensations or reimburse the claimed additional taxi 
expenses.

Sincerely,

Ingmars Purins
Customer Legal Affairs Representative
Air Baltic Corporation AS

Tehnikas iela 3, Lidosta “Rīga”
Marupes nov
LV-1053, Latvija

e-mail:  <mailto:[email-masked]> [email-masked]
 <http://www.airbaltic.com/> www.airbaltic.com

From: Merli Siitan <[email-masked]>
Sent: piektdiena, 2025. gada 30. maijs 16:31
To: Girts Vaituzis <[email-masked]>; Passenger rights airBaltic 
<[email-masked]>
Subject: Forwarding a complaint

Dear representatives of Air Baltic Corporation AS

The Consumer Protection and Technical Regulatory Authority of Estonia 
(CPTRA) is the body responsible for the enforcement according to Article 16 
of the Regulation (EC) No 261/2004 of the European Parliament and of the 
Council of 11 February 2004 establishing common rules on compensation and 
assistance to passengers in the event of denied boarding and of cancellation 
or long delay of flights.

The CPTRA hereby forwards you a complaint with supporting documents from 
passenger Lauri Kööp and his family.

According to the complaint, the passenger’s Tallinn-Amsterdam flight No 
BT857 on 05 January 2025 at 07:35 was cancelled and the passenger was 
offered re-routing to his final destination on 06 January at 15:55. The 
passenger were scheduled to arrive in Amsterdam 05 January 2025 at 09:10, 
but he arrived on 06 January 2025 at 21:40.

Firstly, the passenger is requesting compensation under Regulation 261/2004 
in the amount of 1000 euros (250 euros per passenger).

The passenger has submitted a complaint to the air carrier and received a 
feedback stating that no compensation will be paid because the flight was 
cancelled due to extraordinary circumstances.

If the air carrier refuses to pay compensation on the grounds that the 
cancellation was caused by extraordinary circumstances, we kindly ask you to 
provide the reasoning and documentary evidence proving that the flight was 
cancelled due to extraordinary circumstances.

Secondly, the passenger is requesting reimbursement under Regulation 
261/2004 for expenses made on meals and refreshments in the amount of 222,55 
euros. Please note that the expenses reimbursed by the air carrier in the 
amount of 96 euros, have been deducted from the total amount of the expenses 
already.

In the case of a flight cancellation, the passenger is entitled to care 
according to Article 9 of the Regulation. The Regulation stipulates that 
passengers shall be offered free of charge i.a meals and refreshments in a 
reasonable relation to the waiting time. If it has not been offered, even 
though it should have been, passengers who have had to pay for meals and 
refreshments have a right to obtain reimbursement of the expenses incurred 
from the air carrier, if these were necessary, reasonable and appropriate.

We would like to call your attention to the ruling of the Court of Justice 
of European Union in case C-12/11 which states that Articles 5(1)(b) and 9 
of Regulation No 261/2004 must be interpreted as meaning that, in the event 
of cancellation of a flight due to ‘extraordinary circumstances’ of a 
duration such as that in the main proceedings, the obligation to provide 
care to air passengers laid down in those provisions must be complied with, 
and the validity of those provisions is not affected.

Therefor the passenger is entitled to the additional reimbursement of the 
expenses in the amount of 222,55 euros.

Finally, the passenger is requesting reimbursement for expenses made on taxi 
in the amount of 69,15 euros.

We agree that this type of damages is not the subject to the Regulation No 
261/2004, but please be noted that the passenger have borne additional 
damage caused by the cancelled flight.

Considering the complaint and the explanations provided above, the CPTRA 
kindly requests your response regarding the complaint by 16 June 2025 at the 
latest to email address  <mailto:[email-masked]> [email-masked].

Best regards

Merli Siitan
Goods and services division expert
+372 667 2028 |  <mailto:[email-masked]> [email-masked]
 <http://www.ttja.ee/> www.ttja.ee | Consumer Protection and Technical 
Regulatory Authority
Endla 10A, 10122 Tallinn

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