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EU 261/2004 Denied Boarding Regulation.


proudfoot

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If you have been denied boarding by a EU airline since 2004 and still have the booking and flight details you may now be able to claim compensation under EU regulation 261/2004. the EU court has ruled recently in favour of delayed passengers.

There is an article in the Daily Telegraph Travel News section dated 27th October which makes interesting reading.

My wife and I were delayed for over 6 hours at Manchester Airport in January 2011 with only a £5.00 voucher each which barely covered a cup of coffee.

Tomorrow we will be resubmitting our ongoing claim for the Sterling equivalent of 600 euros each

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Forum Editor

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James Griffin

I'm not going to be drawn into an exchange based on personal innuendo. That's not necessary or tolerated here.

Suffice it to say that I'm surprised to learn that in the course of your research you didn't discover that a fault that develops after an aircraft is airborne - as opposed to one that manifests itself before take off - may indeed be considered an exceptional circumstance. It depends on whether or not a court takes the view that it would have been 'reasonable' for an airline to have anticipated said fault. The key clause in the regulation relates to "events which, by their nature or origin, are not inherent in the normal exercise of the air carrier"

To be frank I suggest that instead of examining the minutiae of a regulation which has only recently been the subject of a landmark court ruling we wait to see how romanby1 gets on. In the meantime, feel free to offer advice based on your personal experiences. We're always delighted to see experts in our forums.

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James Griffin

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Thanks for your advice on what's tolerated on your thread, and your readiness to accept advice.

Regarding your comment "that a fault that develops after an aircraft is airborne - as opposed to one that manifests itself before take off - may indeed be considered an exceptional circumstance" I don't believe is germane in romanby2's case. If I understand his situation correctly, the technical problem did not even occur on his flight, it ocurred on a completely different flight, albeit on the plane that was supposed to be utilized for his flight. We really don't even know if it ocurred before takeoff of the previous flight or after airborne, but this is even more irrelevant.

So much for confusing the issue!

One of the significant problems inherent in Regulation 261 2004 is that the word "flight" is not defined. Is it the code number? Is it the plane? Is it the transportation of a certain group of people from point A to point B at a specified time? The prevailing judicial opinion is that it is the last.

Another point that might be advisable to mention is that chartered/tour flights are subject to the same provisions of Regulation 261 2004 as regularly scheduled flights. But, as you note, in these situations it's even more difficult to obtain compensation, given that more "finger pointing" is possible.

Many airlines have in the past cleverly used the supposed distinction between "cancelled" and "delayed" flights in their arsenal to avoid paying compensation justly due, even outside of the UK. Fortunately for passengers, this "obfuscation" has now been trashed.

J K Griffin

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proudfoot

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When I submitted my post I had no intention or even thought it would develop into a diatribe between members.

I felt it worthy to bring the information to the attention of forum members who had been placed in a similar situation to that of my wife and my self and leave it to them to act as they think fit.

I for a long time have been to put it mildly fed up with the likes of airlines etc treating their clients/passengers in ignorance of a situation and with disrespect, leaving them in the dark or fobbing them off with weak excuses and sometimes downright lies.

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James Griffin

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You are to be praised, romanby1, for wanting to help forum members and others who have suffered as you and your wife have. My motivation is the same, and sharing my experience of a cancelled flight is the way I do this. Far from a diatribe as an aggressive action, I would prefer to use the word's original definition as more of a "learned discussion"!

Unfortunately, what is seen on some of these discussion boards is simply misinformation: irrelevant at best, misleading and risky at worst. When I see comments like these, I try to clarify the situation by providing what I believe is pertinent and helpful.

I participated in such a discussion involving a similar, if not the same, situation as yours. The passenger's case took months before he received compensation. If you would like to see what transpired, it's all at the following link.

http://www.airlinecomplaints.org/forumdisplay.php?s=&f=29&page=1&pp=50&sort=views&order=desc&daysprune=-1

You might find it helpful (or, perhaps, boring!), but it illustrates the difficulty in convincing an airline to fork over what is legally due you.

Good luck!

J K Griffin

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Forum Editor

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romanby1

I see no diatribe.

This an advice forum, and you've been offered advice. The fact that two people have offered rather different opinions is neither here nor there - it happens all the time. The main thing is that you get the right result, nothing else matters. I'm sure you'll keep us updated as things unfold.

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bumpkin

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romanby. So you were delayed for a few hours back in Jan 2011, so now you write reams of waffle on this site and want to sue everyone. I have had lengthy delays and had to buy my own coffee and meals, so what, it is one of those things that happen not on purpose by the airline. Compensation mongers like yourself will only cause an increase in fares for everyone else. Why dont you put it down to a bad experience and move on with your life or have you nothing better to do.

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