Quote:
Originally Posted by John
Hi Hugh, thanks very much for the advice.
I tried to rebook on another carrier who had seats that day. Unfortunately between me confirming availability and walking to their ticket desk, they went on strike and cancelled the return flights.
Then I asked the airline to reimburse my tickets. But since they would only reimburse the tax element of my tickets, and if I waited they would expire worthless, I rebooked for the next available flight two days later and paid a rebooking fee.
They close check-in 30 minutes before the flight, and suggest up to two hours for check-in. As I say, I had checked in on-line, and started bag drop 70 minutes before departure.
My second bag was a ski-bag, which the staff concerned couldn't work out how to handle - so much runnng around,asking other people and eventually found a piece of paper. Then decided on a charge which was incorrect. The airline's policy for ski-bags is explained on their website so they should know it. When I dropped my bags for the next flight, I didn't bring the ski-bag, but asked the counter staff, if I had brought it, what would have happened. They looked on their system, took my bags and answered the question in two minutes flat.
No. About 12 minutes as I was in a hurry.
The bills aren't all in yet but it looks like about 400 for extra travel costs, prepaid expenses, and rebooking accommodation which was cancelled due to my non-arrival.
There's also the loss of two days of a seven day holiday.
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John,
As I mentioned a full and complete examination of your position might be quite complex-to look at all aspects of potential recovery of your losses.
You may have seen the the threads dealing with legal espenses insurance coverage that you might benefit from within an existing home or travel insurance policy (or other policy or availability).
If you sought professional advice-that advice would need to look at the available cuases of action you might have and assess and consider their respective merits and even how they might even conflict with each other.
I'm just going to restrict looking at one possible aspect.
That would be if you presented to the carrier a claim that you had suffer a denied boarding of this flight as considered by EC 261/2004.
This may not be the most obvious claim-but it may still be sustainable.
Consider this situation.
A carrier has overbooked a flight ( I'm not suggested this was the case in your flight) but consider the hypothetical situation.
What might it be tempted to do? Well it could simply cause the check-in process to be so slowed down that the eventual result was that passengers never were checked in for a flight and so the carrier thus relieved themselves of a problem of surplus passengers for a flight.
This isnt precisely the situation in your case-you regarded yourself as "checked in"-in that presumably you has a boarding pass-but in relaity you were not "checked in" if you had luggage you wished to "check-in" for that flight.
Arguably you are not checked in for a flight-until such time as you deposit luggage for that flight.
Lets look at EC 261/2004
Firstly the definition of denied boarding
(j) "denied boarding" means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation;
Lets look at this chronologically.
You have been refused carriage.
At which point did you present yourself for boarding?
Was this when you joined the ostensible queue for bag deposit?
Lets look at Art 3(2)
2. Paragraph 1 shall apply on the condition that passengers:
(a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in,
- as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent,
or, if no time is indicated,
- not later than 45 minutes before the published departure time; or
(b) have been transferred by an air carrier or tour operator from the flight for which they held a reservation to another flight, irrespective of the reason.
To be continued
Offloaded from flight - airline liability?
Linear Mode
