Valid Claim If Later Connecting Flight Wasn't Taken?

Mark2spark

Vauban wrote: »

But if it is one booking through BA then the Folkers principle kicks in does it not? So it counts as a delay, through a missed connection on one booking. Doesn't it?

Once 180 minutes late on arrival at final destination airport, then yes.
But they never arrived 'late', as they curtailed the trip mid way through. The airline will of course argue that it was still possible to get them there under 3 hours. But as they went off on their own devices...

Vauban

Forget the point about the connection for a second. If the pax was simply flying from Madrid to Grenada, and s/he was told that it was being delayed for 8 hours, at what point would they be able to apply for the refund if they chose not to travel? And if they waited for five hours and then chose not to travel, does the Regulation make provision for compensation in addition to the refund? The MSE article suggests so:

If you decide not to fly because the departure is delayed by over five hours, if it lands over three hours later than scheduled (instead of miraculously making up the time in the air), and it's the airline's fault, you can also claim for compensation, as well as a refund.

We need a legal view ...

JPears

An interesting conundrum - sets the head spinning

Mark2spark

Vauban wrote: »

Forget the point about the connection for a second. If the pax was simply flying from Madrid to Grenada, and s/he was told that it was being delayed for 8 hours, at what point would they be able to apply for the refund if they chose not to travel? And if they waited for five hours and then chose not to travel, does the Regulation make provision for compensation in addition to the refund? The MSE article suggests so:



We need a legal view ...

Are we now talking about a fictional situation?
IMO as soon as the airline announced an 8 hour delay, people would be able to ask for a refund, if they were choosing to make their own alternative arrangements.

If they don't travel, then there's no compensation to claim. Only a refund.

The real world situation was that there wasn't a delay of 8 hours. 8 hours was the next available flight, having missed the connection.

richardw

Does Article 2 need an additional definition

(m)"Passenger" means ………..?

…interesting http://thelawdictionary.org/passenger/

Mark2spark

Centipede100 wrote: »

There will be lots of spinning heads at the ECJ currently since this referred case is analagous to the OP's situation: http://curia.europa.eu/juris/document/document.jsf?text=261%252F2004&docid=144347&pageIndex=0&doclang=en&mode=req&dir=&occ=first&part=1&cid=479496#ctx1

I wouldn't bet on that case being heard by the ECJ until late 2014 however.

Such a shame that the Attorney General can't just give an opinion on this relatively simple question, an opinion that the courts would then adopt.