mozart
Posts: 2039
Joined: Thu Aug 14, 2003 12:21 am

EU Pax Compensation Rules - What About Codeshares

Thu Feb 17, 2005 5:44 pm

I diligently read through this publication, which describes the exact workings of the new EU pax compensation rules:

http://www.eu.int/comm/transport/air/rights/info_en.htm

The open question for me is the following: when they say the rule applies to "any flight, including charters to an EU airport from one outside the EU, when operated by an EU airline" does that mean:
- the metal has to be the EU airline, irrespective of the ticket I hold
- the ticket has to be the EU airline, irrespective of the metal used
- both ticket and metal have to be the EU airline?

To construct an example, I buy a ticket for CDG-BEY-CDG, which is a route that is codeshared and jointly operated on AF and ME metal.

When there is, say for instance, overbooking on the BEY-CDG, then
i) the rules apply when the flight is operated on AF metal and I have a AF ticket - right?
ii) do the rules apply if I have a ticket with the AF flight number, but the flight is operated by ME?
iii) do the rules apply if I have a ticket with the ME flight number, but the flight is operated by AF?


Anyone knows more?

Thanks
 
scotron11
Posts: 1181
Joined: Tue Feb 10, 2004 4:54 pm

RE: EU Pax Compensation Rules - What About Codeshares

Thu Feb 17, 2005 7:05 pm

It does say, and I quote: "You can claim from the airline with which you have a contract or from that actually operating the flight, if they are different".

regards
 
zonky
Posts: 417
Joined: Mon Nov 15, 2004 8:31 pm

RE: EU Pax Compensation Rules - What About Codeshares

Thu Feb 17, 2005 7:07 pm

I assume that means, if you were on a LH Codeshare on say, a NZ metal flight that originated outside the EU, you could claim compensation off LH.

Dunno about anyone else, but i'm booking with EU based airlines / codeshare ticketing always now!

 
scotron11
Posts: 1181
Joined: Tue Feb 10, 2004 4:54 pm

RE: EU Pax Compensation Rules - What About Codeshares

Thu Feb 17, 2005 7:13 pm

It also allows, and I also quote: "When an EU airline is reponsible for a delay ANYWHERE IN THE WORLD, you may claim upto 4,150SDR for any resulting damages. If the airline does not agree with your claim, you can go to court!

Holy cow! How are EU carriers going to protect themselves from that?
 
zonky
Posts: 417
Joined: Mon Nov 15, 2004 8:31 pm

RE: EU Pax Compensation Rules - What About Codeshares

Thu Feb 17, 2005 7:16 pm

"Holy cow! How are EU carriers going to protect themselves from that?"

Protect in what way? The law is clear on the Airlines obligations. Of course there needs to be a tribunal/court to reviews cases where Airlines do not meet them.

Trouble is, the law has been skrewed far against the consumer in respect of air travel for far too long. Airlines have been able to re-neg/not deliver/oversell on quite simple service contracts for far too long.

 
zonky
Posts: 417
Joined: Mon Nov 15, 2004 8:31 pm

RE: EU Pax Compensation Rules - What About Codeshares

Thu Feb 17, 2005 7:17 pm

iirc, Small Claims Court would be suitable given the scale of the compensation (in the uk anyway).
 
mozart
Posts: 2039
Joined: Thu Aug 14, 2003 12:21 am

RE: EU Pax Compensation Rules - What About Codeshares

Thu Feb 17, 2005 10:01 pm

So, in other words, I can claim compensation from Air France even if the delay is caused by MEA, only because I have an Air France ticket? Wow... Not sure all the airlines are aware of that...
 
zonky
Posts: 417
Joined: Mon Nov 15, 2004 8:31 pm

RE: EU Pax Compensation Rules - What About Codeshares

Thu Feb 17, 2005 10:10 pm

Mozart: i can not say that is the case- it could be interpreted that it is so. Maybe it needs to be tested.... But yes, certainly a reason to buy Code-share tickets!
 
User avatar
Buyantukhaa
Posts: 2290
Joined: Thu May 13, 2004 5:33 am

RE: EU Pax Compensation Rules - What About Codeshares

Fri Feb 18, 2005 2:56 am

Mozart,

The way I read it is exactly the other way around: you can claim compensation from AF if your MEA flight was delayed because of AF - in this example.
I scratch my head, therefore I am.
 
JoFMO
Posts: 1840
Joined: Wed Jul 14, 2004 1:55 am

RE: EU Pax Compensation Rules - What About Codeshares

Fri Feb 18, 2005 9:20 am

As I understand it, the airline who sells a ticket is responsible if anything goes wrong. If in this case it is an MEA flight but you bought the ticket at AF under an AF flight number, the contract is betweenyou as the customer and AF. It's up to AF to negotiate a compensation from MEA.
 
Speedbird2155
Posts: 684
Joined: Wed Feb 02, 2005 7:44 am

RE: EU Pax Compensation Rules - What About Codeshares

Fri Feb 18, 2005 9:29 am

interesting discussion, this seems to highlight some of the confusion surrounding yet another EU produced law.

It was interesting to note the passengers who were quick to ask about their flights being delayed just because boarding didn't seem to start when they thought it should....of course this largely happened when the televisions in the terminal kept mentioning the new 'passenger rights'.
 
ahlfors
Posts: 1281
Joined: Mon Oct 23, 2000 1:44 am

RE: EU Pax Compensation Rules - What About Codeshares

Fri Feb 18, 2005 10:11 pm

If you look at the law, the part about EU carriers obligations applies to all flights OPERATED by an EU carrier. This would indicate that whatever the ticketing airline or code-share partner, if you're flying EU metal, you're covered.