Do I quote legislation or not?

NazHar

Hi all
This is my first post here and I hope someone can help.
Here's the scenario:

Flight back from long haul all inclusive holiday (not just flight) was cancelled at last minute after checking in and waiting to board.
Total delay something like 28 hours.
Martin's template letter and advice tells me to quote the EC Regulation 261/2004
According to the distance of travel and length of delay table I should be entitled to something around €600 per person.
However, the regulation's Article 8 (2) (I'm not allowed to post links here but it can be found on Eurlex website) says "Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC"
Paragraph 1(a) says "EUR 250 for all flights of 1 500 kilometres or less;"

So my question is whether or not to quote the legislation at all at this stage? Would it be better to wait and see what if anything they offer and then quote the regs?

Times like these I wish I was a lawyer!!

Cheers
Naz

JPears

You need to download Vauban's most helpful guide, brew a large mug of tea, a few biscuits and read. All your answers should be found in there.
MSE itself doesn't give the most accurate of info sometimes.
Come back for help if necessary.

NazHar

Thanks very much JPears but your link doesn't want to play. I'll search for Vauban's guide. I;m sure Google will know.

NazHar

Vauban's guide is very comprehensive, interesting and very informative but it doesn't answer my question - as mine was an all-inclusive holiday will I fall under paragraph 1(a) of Article 8?

Thanks

JPears

Hi, we're not allowed to put links in sigs (stupid MSE)
If you were on a package then reg 261/2004 still applies in terms of compensation, duty of care etc, against the operating airline of your flight, which may not necessarily be the same as the tour operator of your holiday.
If you incurred any expenses such as accomadation or sustinence during the long delay and have the receipts, you can also claim these under the regulation.
You may also be able to claim a discretionary amount for the inconvenience under the package holiday terms and conditions, irrespective of any claim under regualtion 261/2004.
In your claim, your need to state the amount you are claiming under regualtion 261/2004, flight details etc so as to avoid any confusion.

NazHar

OK, that makes sense.
Thanks very much.