EU Regulation 264/2004 (Compensation for Passengers)...Denied boarding - my travel agent's fault?
Hi, I have the following situation: I bought airline tickets (paper tickets) off a travel agent. Since I'm a frequent traveller, I'm used to presenting myself at the airport at the check-in counter 60 mins. before the departure (at least with BA). This time I tried a different airline, and I was not allowed to check-in. The airline told me you had to be at the airport earlier, as we close our check-in counters one hour before the departure. I, obviousy, didn't know that, because nobody informed me beforehand, and I had to miss a long haul flight. I called my travel agent and they said that the ticket conditions allow to reimburse only half of the fare that I paid, so I'll lose over £300. Now, when I read the EU Regulation 264/2004 it says that: <...>passengers present themselves for check-in as stipulated and at the time indicated in advance and in writing (including my electronic means) by an authorised travel agent. (Article 3, paragraph 2a). So does it make my tr. agent responsible?
Answer:
You're making the question un-necessarily complicated.
It's actually very straightforward.
You've read the Regulations and clearly know what you're entited to under those. The question you want to know is, 'can I get a full or partial reimbursement from my travel agent?'.
You could only do so in one of two circumstances (i) a breach of contract or (ii) negligence
I'm afraid you've no claim under either. That's because:
(i) The agent has no contractual or legal obligation to inform you when to check in;
(ii) the agent owes you no duty of care to ensure you are aware of the check-in time and therefore there can be no breach.
I know it's all unfair and it's not right and so on and so forth - but that's the answer.
Sorry if this is not as positive as you'd hoped, but at least you know where you stand, legally.
looks like you know the answer already...
but in my experience, never assume anything! sounds like you have a case for your money back though
m
Are you honestly saying that nowhere did it say that you have to check in 2 hours in advance - on the paper ticket, on the website, including on the airline's own website - anywhere? I find that strange. Every electronic ticket I've ever seen tells you to check in well in advance.
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