Denied boarding on a flight

Vauban

JPears wrote: »

Unless TA are considered an EU airline ( I don't think they are), even though Turkey is not yet in the EU, then TA are correct, you have no claim under reg 261/2004.
You will have to find out if they are cnsidered an EU airline.
Member of an ADR would suggest that they maybe but no certainty.
Non EU airline flying out of non EU country = no claim.

But the flight was meant to leave the UK (to Bangkok, via Istanbul): why wouldn't it be covered under 261/04?

Caz3121

Vauban wrote: »

But the flight was meant to leave the UK (to Bangkok, via Istanbul): why wouldn't it be covered under 261/04?

outbound flight UK-IST-BKK went without hitch, the issue was the BKK-IST-UK was cancelled

Lauren_Maggie_66

The CAA have confirmed the flight home went ahead and Citi Flights advised none of their other customers were affected; it was just me who was cancelled off it.

BorisThomson

Escalate the issue with the ADR provider, get them to confirm in writing (email is fine) that they will not deal with this. Then issue a small claims action. In your claim state, separately to the main detail, that your claim does not relate to EU 261, you are claiming for a breach of contract. Hopefully, whoever receives it at TA will bother to read it and not come back with their standard response (although it would be an easy win for you if they did).

Lauren_Maggie_66

Thank you all, I have that email from the ADR. I think Court action is only option left. I have had a read of their legal notices on their website and feel I have a case to get a part refund of my original flight and a claim for damages for the additional cost of the flight home. I am not legally trained or qualified but I will give it a go! I will update with the outcome, many thanks everyone.


Article 11, 11.1 of General conditions of carriage states “upon failure by the Carrier to provide carriage in accordance with the contract of carriage refund for an unused ticket or portion thereof shall be issued by the Carrier in accordance with this article and the Carrier’s regulations.”



Article 16, 16.2.2 Liability for damage states “The Carrier shall be liable for Damage to a Passenger only if such damage has been caused by negligence on the part of the Carrier”.

JPears

Vauban wrote: »

But the flight was meant to leave the UK (to Bangkok, via Istanbul): why wouldn't it be covered under 261/04?

I was under the impression the problem was with the return flight back to the UK? Unless i've misread original post.

haras_nosirrah

did you turn up on time for the flight and when at the desk they said you had been cancelled off the flight?

Any issues on the way out?

Lauren_Maggie_66

Yes the flight in question was on the way home; from Bangkok to London via Istanbul.


There was a delay leaving Heathrow on the way out but I was on the flight.


I have spoken again with the CAA just now and they are going to speak to the ADR on my behalf as they feel they should still assist me with this matter so fingers crossed.

Vauban

JPears wrote: »

I was under the impression the problem was with the return flight back to the UK? Unless i've misread original post.

Apologies - it was me misreading. But that makes a lot more sense.

So no entitlement under 261/04 or the ADR schemes set up to support that regime.

I agree that there's the option of suing the TA, but that would be under breach of contract, as others have said - and I can't offer any advice on that.

JPears

Vauban wrote: »

Apologies - it was me misreading. But that makes a lot more sense.

So no entitlement under 261/04 or the ADR schemes set up to support that regime.

I agree that there's the option of suing the TA, but that would be under breach of contract, as others have said - and I can't offer any advice on that.

Tut tut Vauban, did you not have your weetabix this morning?