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Talk:Europe/DeniedBoarding

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Dear Mr Yurkin,

Thank you for your message.

With reference to your particular questions, I would like to inform you that
regulation  [EC]261/2004
http://europa.eu.int/eurlex/pri/en/oj/dat/2004/l_046/l_04620040217en00010007.pdf
is applicable for ALL worldwide airlines with a departure within the EU
and ONLY to airlines licensed in a Member State to the EU when flying from
outside the EU to a destination within the EU and this includes regular,
charter and low cost airlines.

A community carrier is defined in article 2(c): "'Community carrier' means
an air carrier with a valid operating licence granted by a Member State in
accordance with the provisions of Council Regulation (ECC) No 2407/92 of 23
July 1992 licensing of air carriers"

The new regulation on air passenger rights [EC]261/2004
http://europa.eu.int/eurlex/pri/en/oj/dat/2004/l_046/l_04620040217en00010007.pdf
which has entered into force on 17 February 2005, includes the
obligation for Member States to set up enforcement bodies which have to
deal, in first instance, with such complaints from passengers and to look
after the correct implementation of air passenger rights. This new
instrument, being a legislative initiative of the Commission, helps to avoid
long and expensive court cases between passengers and airline companies.

For your information, please be aware that according to Regulation
[EC]261/2004, full assistance (meals, drinks, communication facilities and a
hotel room for the night, if necessary) must ALWAYS be offered to stranded
passengers even if the delay or cancellation was caused by extraordinary
circumstances or a force-majeure incident. In addition, the airline has to
foresee alternative transport to the final destination; if they refused to
do so on one of these elements, the airline is in breach with Regulation
[EC]261/2004.

Without prejudice to compensation possibilities on the basis of national
civil law, note however that no financial compensation is to be paid for
delays under Regulation [EC]261/2004. With regard to a possible refund of
tickets, this Regulation foresees this kind of reimbursement if the stranded
passengers do not wish to continue their trip facing a delay for over more
than 5 hours and are entitled, according to the Regulation, to cancel the
flight on their own initiative and claim the refund of the tickets not used.
Should you wish to pursue national civil laws for eventual damage claims
that can be made on the basis of your contractual agreement with the air
carrier, I would encourage you to seek legal advise.

However when financial compensation is to be paid in case of cancellation,
airlines can in some cases invoke force-majeure and be exempted, but they
will be obliged to inform passengers about the nature of the cancellation.
This written statement of the airline regarding the incident could
subsequently be used in a court proceeding and it will be up to a judge to
decide whether the air carrier put all possible measures in place to avoid
this situation from happening. 

As indicated on the poster and leaflet of air passenger rights, passengers
can inform the Commission about the follow-up given to complaints but we are
not in a position to intervene directly or examine individual cases
(http://europa.eu.int/comm/transport/air/rights/info_en.htm).

According to the information given, it is unclear what your case is about
nevertheless, if you would like to deposit a claim against an airline and
you are living outside the EU, I would encourage you to take contact with
the enforcement body in the Member State where the incident happened to
assist you and help you claim your rights. Please find herewith the list of
enforcement bodies:
http://www.europa.eu.int/comm/transport/air/rights/doc/2005_01_31_national_enforcement_bodies_en.pdf

Do not hesitate to contact us again if you have further queries.

Yours sincerely,
	
Marina Tasiopoulos

-----Original Message-----
From: Denis Yurkin [1] 
Sent: Monday, October 17, 2005 3:03 PM
To: TREN AIR PASSENGERS RIGHTS
Subject: applicability of Denied Boarding regulations


Dear Sirs,

I have two questions on Air Passenger Rights leaflet, as published at:
http://europa.eu.int/comm/transport/air/rights/doc/2005_01_19_apr_poster_en.pdf

> These rights apply, provided you check in on time, for any flight,
including charters:
> from an EU airport, or
Does it apply to every carrier, not only EU-based? For example, if
Aeroflot (which is Russian airline) flies from Athens, can these
regulations be applied?

> to an EU airport from one outside the EU, when operated by an EU airline.

Is there any formal definition which carrier should be considered EU
airline in this context?
For example, if the same Aeroflot flies from Moscow to Athens, are
these rules applicable?

Am I right that the whole leaflet applies without respect to origin of
passenger (i.e.whether he is resident of EU or not)?

Thank you.

Sincerely,
Denis Yurkin

Can I ask why this here? If the point is to inform travellers of their rights within the EU why not condense the infor within the Europe guide or the Tips for flying? -- Andrew H. (Sapphire) 03:19, 25 November 2006 (EST)

This is a email I've received (and posted) during this discussion: Talk:Europe#Passengers_Rights. As far as I remember, we integrated most of recommendations from here to Europe#Passengers_Rights, but if you have any suggestions on future of this article, please share them. --DenisYurkin 15:22, 25 November 2006 (EST)

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