Frequent traveller: When less is more
Back to Forum- This topic has 18 replies, 10 voices, and was last updated 28 Feb 2011
at 13:03 by DisgustedofSwieqi.
-
- Author
- Posts
- Skip to last reply Create Topic
-
DisgustedofSwieqiParticipantNT
Don’t wish to get into an argument, but PJordan wrote “but surely if one pays for a particular class of seat (with the service level attached to that seat class) there must be a legal entitlement to that for which one paid.
You replied “There is no legal right”
I replied “Your stament is incorrect, there is a legal right,”
The EC directive establishes the right to seek recourse via the law, in the event of downgrading.
The terms and conditions are overriden by this directive, in this instance.
Article 15.1 says “Obligations vis-à-vis passengers pursuant to this Regulation may not be limited or waived, notably by a derogation or restrictive clause in the contract of carriage.”
Articel 15.2 says “If, nevertheless, such a derogation or restrictive clause is applied in respect of a passenger, or if the passenger is not correctly informed of his rights and for that reason has accepted compensation which is inferior to that provided for in this Regulation, the passenger shall still be entitled to take the necessary proceedings before the competent courts or bodies in order to obtain additional compensation.”
So, there is a ‘legal entitlement’ to receive the service level purchased, because the airline will be obliged to pay compensation if it does not provide it.
28 Feb 2011
at 12:34
DisgustedofSwieqiParticipantAnother point, for ‘Anonymous’ to consider.
By investing a relatively small amount of money in a Kensington universal power supply (which comes with an Empower cable adaptor), ‘figure of 8’ to euro plug lead and a couple of plug adaptors, you have a solution that will cover Europe and the USA, with the ability to easily add extra adaptors for countries like Australia, India and South Africa.
That’s what I do and I know, before getting on an aircraft, that if it has power, I can use it.
28 Feb 2011
at 12:42
NTarrantParticipantDisgusted, I understand what you are saying and you are quite correct. What I am saying is that the airline has no legal right to guarentee it will transport you as set out in the terms and conditions. Effectively the EU laws kind of trump the t&c’s. But the airline still has an upper hand in denying travel.
Rob, whilst many airlines are members of IATA such as BA, quite a considerable number now a days are not.
28 Feb 2011
at 12:46
DisgustedofSwieqiParticipantNT
Agree that the airlines can deny/downgrade, the legislation specifically allows them to do so.
28 Feb 2011
at 13:03 -
AuthorPosts