Being asked to prove I was on the flight!

Marcus-H_2

Trying to claim for a delayed flight.

This was a chartered flight & I am being asked to prove I was on the flight.
What would my next step be?

The flight was delayed due to unexpected technical problem.

reply from Airline :-

"So far you have not proven that persons you represent, took the specific flight, although you have provided us with some kind of receipt from the travel agency - it is not equal with the statement that passenger was boarded for the factual flight. In addition to this, we kindly inform that according to EU 261/2004 Regulation establishing common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays of flights, art. 3, 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 (...)
"

Caz3121

https://forums.moneysavingexpert.com/discussion/5173888

Marcus-H_2

Caz3121 wrote: »

https://forums.moneysavingexpert.com/discussion/5173888

I have already read the guide.
The Airline is asking me to prove I was on the flight.
I was checked in by Swissport & not by the Airline staff.
So seems I am in a grey area here & not sure who to approach with DPA request.

Not sure who holds the passenger manifest from here though.
I know the airline are trying it on & I have already mailed them back asking to prove I was not on the flight, as it would be illegal for them to depart with my luggage on the plane if I was checked in & not on the flight.

sandsy

Copy of boarding pass proves you checked in for the flight.

Marcus-H_2

sandsy wrote: »

Copy of boarding pass proves you checked in for the flight.

I have my boarding pass, but this is a group claim & not everyone have theirs. So trying to prove I was on the flight.

I have just called Swissport & they have the information & prepared to give to the airline, confirming I was on the flight. So now I need to get the Airline to speak to swissport.
Could I make a DPA request in this instance?

DIYBaldyman

Marcus-H wrote: »

Trying to claim for a delayed flight.

What would my next step be?"

Firstly, post your question again on the dedicated airline thread under the 'Flight delay compensation' forum - you'll get more dedicated reply there possibly from others on the same flight.

Name the airline, provide your fight number, departure & destination airports & the date (if available).

I see you've already read Vauban's guide, so the next step really is to issue a Letter before action, otherwise you'll get drawn into a long-winded, time-wasting exercise of letter / email exchanges. It's good if you have got the documentation they requested but it is not always necessary. If you have a booking reference, invoice, proof of purchase etc... & can also provide other evidence such as passport stamps, not many a judge would make you prove you were actually on the aircraft - the airline are fobbing you off & playing for time. They already know who was on the aircraft from their passenger manifests.

If you believe you have a valid claim & were on the aircraft, don't waste time trying to find proof. If it's a valid claim, chances are very high that the airline will pay up once they receive notice of court proceedings.

If, when it comes down to it, you do need to get the boarding information, you can, as a last resort, lodge a "Subject Access Request" under The Data Protection Act 1998, which gives anyone the right to check that their personal data is being processed lawfully (“subject access right”). You may be charged a nominal fee, but they are legally obliged to provide all & any information they hold on you which should include evidence of you boarding the aircraft.

Marcus-H_2

thanks - I will try to find a thread for this small airline.

Hmm Is there a general thread for Other EU airlines?
Can find other non-Eu

DIYBaldyman

Marcus-H wrote: »

thanks - I will try to find a thread for this small airline.

Hmm Is there a general thread for Other EU airlines?
Can find other non-Eu

If it is a particularly small regional airline & you can't find a dedicated thread, use the 'all other EU Airlines', or 'all other non-EU Airlines' threads..

Marcus-H_2

Thanks - found the correct thread now!