FLIGHT DISRUPTIONS: Volcano ash from Iceland hits UK flight plans

mikey72

Pelican_eats_pigeon wrote: »

This is not a case where penalties by statute would even be relevant. EC Regulations become immediately binding in all member states and do not need any interpretation as to form and methods by any UK body. The UK does not need to introduce legislation to enforce this regulation so there is no need for any criminal law on the subject.

This Regulation simply specifies what an airline has to do - you wouldn't take an airline to court under this regulation and expect a penalty, you would simply expect a court to order that the airline fulfil its obligations under the regulation.

There is absolutely no process by you to order compliance.
The only power is to penalise the airline, by it's local NEB.
You need to understand how the legal system actually works, particuarly the ECJ before advising people on what to expect.
(article 16 of said regulation)

Pelican_eats_pigeon

mikey72 wrote: »

There is absolutely no process by you to order compliance.
The only power is to penalise the airline, by it's local NEB.
You need to understand how the legal system actually works, particuarly the ECJ before advising people on what to expect.
(article 16 of said regulation)

Despite what you say, a claim may be made in County Court by a passenger, and has been on a few occasions.

mikey72

I give up now.
If you can find a county court judge that will give a ruling, and an airline that would then abide by it, go for it.

FH_Brit

peterbaker wrote: »

Judging from your signature, FH Brit, in your work, you regularly find yourself arguing the toss directly about poorly regulated insurance contracts. Unlike EC 261/2004 insurance contracts are not law. More likely, when put to any major test, they are an ambiguous mess propped up by smoke and mirror type reinsurance contracts and, as you suggest, lawyers representing one party or another or several..

And I dare say that's exactly what this emergency looks like from a travel claims broker's viewpoint this week. Even in this emergency, it sounds like you are spoiling for a fight ...

With a background like that, your best to all the stranded people doesn't actually sound good enough.

I put my money on EC 261/2004 and IagreewithCityBoy :money:

Yes I do argue the toss on behalf of YOU TRAVELLERS I might add - and usually win!

OK - What about passengers in this thread and others......

Stuck in LA flying Air NewZealand.
Stuck in Bangkok flying Thai Airways
Stuck in LA flying Qantas
Stuck in New York flying American
Stuck in Atlanta flying Delta
etc etc etc - The EU have no durestiction over non-EU airlines and journeys starting finishing outside the EU. So in your view the 7,000+ Europeans stuck in Orlando alone?

Not in Europe, Not flying a European Airline - where will your EC 261/2004 get those people?

I'm not stopping you agreing with Cityboy. My thoughts are either you both right because of the EU ruling (and we all know that the EU have done SUCH a good job in the past, baning straight bananas, and curved cucumbers an lets not forget square hay bales!!! Oh! and immigration) and YOU TWO think tey are going to save everyone!!!:rotfl:And of course as the EU are ALWAYS right, they have never changed the rulings later (like straight bananas)!

FH_Brit

Enough said - we will just have to wait and see what happens.

Good ol' Fortis they are covering

http://forums.moneysavingexpert.com/showthread.html?p=32015713&posted=1#post32015713

FH_Brit

mikey72 wrote: »

I give up now.
If you can find a county court judge that will give a ruling, and an airline that would then abide by it, go for it.

Agreed Mikey - Too much arguing and speculation.

peterbaker

FH_Brit wrote: »

Good ol' Fortis they are covering

http://forums.moneysavingexpert.com/showthread.html?p=32015713&posted=1#post32015713

http://forums.moneysavingexpert.com/showthread.html?p=31935981#post31935981

Yes, just as I seem to have said about eighty-thousand posts before you did Does that mean FHBritAgreeswithPeter ?:j

Pelican_eats_pigeon

mikey72 wrote: »

I give up now.
If you can find a county court judge that will give a ruling, and an airline that would then abide by it, go for it.

I think you may have been confusing EC Directives and EC Regulations, come to think of it. EC Directives require implementation by the member states, but EC Regulations have the same standing in UK court as UK law (actually, they override any contradictory UK law).

County Court is the natural place for any person trying to enforce a UK company's obligation towards them under an EU Regulation to start.

FH_Brit

Peter no - it is what I have said all along, (for 2 ywear posting and 7 years working) the better policies are covering - the cheaper ones are not - because people sign without reading and buy on price alone.
Pay peanuts = you get monkeys!

hessie101

Hi everyone

Sorry if this has been covered already in this thread but has anyone managed to claim money back through easyjet for a cancelled flight. I have followed the weblink they sent when flight was cancelled, created an account on their silly website (separate to the main one) and then can't work out what I do. There is no form to fill in, just a drop down menu for posting a question. I selected 'I want to claim a refund for a cancelled flight' or something like that and then I ca only submit this - I can't complete any details. I've checked every section on the site from notifications to profile and can't find any form to fill in or any details of my flight. I tried to log in to their main website but it just brings up my flight details and then re-directs me to this hopeless site. Has anyone had any luck? I'm really confused

Thanks in advance