Regulation EC 261/2004 of the EU parliament - has anybody *ever* made UA pay up?
#46
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So, not only do I think anyone who is legally entitled to collect damages under a consumer-protection statute should feel entitled to those damages, but I actually think that it may well be the citizen's civic duty to collect those damages, because that is what the legislature and the President have stated that they want the citizen to do, in order to help the government punish behavior that the government has declared to be wrongful.
Talk about going overboard!
#47
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If the US govt wanted their citizens to do such as a civic duty, they might want to adapt the laws of the foreign government that passed them. I truly doubt the US govt believes it is your civic duty to enforce a regulation that they have not endorsed.
Talk about going overboard!
Talk about going overboard!
#48
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If the US govt wanted their citizens to do such as a civic duty, they might want to adapt the laws of the foreign government that passed them. I truly doubt the US govt believes it is your civic duty to enforce a regulation that they have not endorsed.
Talk about going overboard!
Talk about going overboard!
#49
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My point in going overbaord isn't with the actual issue here, it is with the post that I quoted when I made the statement. That is the reason that I quoted that post when stating "going overboard".
I believe that UA has chosen to operate there before there was such a cartel as the EU, but they flew into individual states. Yes, UA has chosen to continue to operate there after the formation of the EU, but it isn't like UA started flying into those countries as they became EU states, rather UA flew to Europe long before, and continues to after. How many NEW coutries in the EU has UA added since the formation compared to countries they flew to before. This point is moot, but I am just pointing out that in most cases, UA didn't choose to fly to the EU, they choose to fly to individual countries that then joined the EU after. A subtle and legally moot point, but a valid perspective shift none the less.
Last edited by iluv2fly; Jun 28, 2011 at 9:06 am Reason: merge
#50
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Of course the same sentiment applies to enforcing EC 261/2004 for the many European passengers flying from Europe to the US on United. Squeeze every penny of the fine out of UA and they may do more to avoid getting fined in the future.
#51
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http://cgi.ebay.com/ws/eBayISAPI.dll...m=190539698674
#52
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Are you sure? I don't see any transatlantic red lines on this UA route map from 1974:
http://cgi.ebay.com/ws/eBayISAPI.dll...m=190539698674
http://cgi.ebay.com/ws/eBayISAPI.dll...m=190539698674
Perhaps you are thinking of 1973, when the UK joined the "European Communities"? (note the EC is not the EU. The EU is a parliment that officialy started 1 Nov 93, and was signed previous to that, but not active, in 1992.) http://en.wikipedia.org/wiki/Maastricht_Treaty
#53
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And I didn't see the Maastricht Treaty signed until 1 Nov. 1993. Might want to check to see when the current "EU' was formed. UA flew transantlantic prior to Nov 1993, which is the time the Eu was formally established.
Perhaps you are thinking of 1973, when the UK joined the "European Communities"? (note the EC is not the EU. The EU is a parliment that officialy started 1 Nov 93, and was signed previous to that, but not active, in 1992.) http://en.wikipedia.org/wiki/Maastricht_Treaty
Perhaps you are thinking of 1973, when the UK joined the "European Communities"? (note the EC is not the EU. The EU is a parliment that officialy started 1 Nov 93, and was signed previous to that, but not active, in 1992.) http://en.wikipedia.org/wiki/Maastricht_Treaty
That being said, it is not unheard of for a company to withdraw its business interests from a country after the passage of new laws. For example, some oil companies weren't too fond of Chavez' new laws in Venezuela...
http://www.abcmoney.co.uk/news/28200794417.htm
#54
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I am all for free markets but the airline industry is still highly regulated and oligopolistic, especially in international operations.
The way UA bungled things in my case was pathetic and a EUR 600 compensation was poor compensation. For example, they had a dozen LH staff sitting at the premium check-in counters doing nothing. They had one UA staff member handling a line of 100+ people. So I had to go through passport control to get to the RCC. By the time I got there they were helping a guy ahead of me who received the last seat on FRA-ORD.
The way UA bungled things in my case was pathetic and a EUR 600 compensation was poor compensation. For example, they had a dozen LH staff sitting at the premium check-in counters doing nothing. They had one UA staff member handling a line of 100+ people. So I had to go through passport control to get to the RCC. By the time I got there they were helping a guy ahead of me who received the last seat on FRA-ORD.
#55
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And I didn't see the Maastricht Treaty signed until 1 Nov. 1993. Might want to check to see when the current "EU' was formed. UA flew transantlantic prior to Nov 1993, which is the time the Eu was formally established.
Perhaps you are thinking of 1973, when the UK joined the "European Communities"? (note the EC is not the EU. The EU is a parliment that officialy started 1 Nov 93, and was signed previous to that, but not active, in 1992.) http://en.wikipedia.org/wiki/Maastricht_Treaty
Perhaps you are thinking of 1973, when the UK joined the "European Communities"? (note the EC is not the EU. The EU is a parliment that officialy started 1 Nov 93, and was signed previous to that, but not active, in 1992.) http://en.wikipedia.org/wiki/Maastricht_Treaty
If you're looking for the rules being changed and countries and airlines having to adjust, look no further than the US forcing us to throw our principles of data protection and privacy to the wind by providing your government with 19 pieces of personal data about every passenger.
We follow your laws, even to the point of changing our own so that the Department of Homeland Security can have our credit card information for seven years. We have our own laws, and by doing business in Europe, UA/CO are obliged to follow them. Deal with it.
#56
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I have said NOTHING that even implies that I don't "deal with it". What makes you think I said I wouldn't? Any post from me saying that?
My post re:dates of the EU was on topic, re:you stated UA didn't fly any transatlantic routes in some crazy date, like 1973, which I have shown was long before the EU, and that UA did fly to Europe from numerous cities before the EU was formed. SO my quesioning your facts was on topic. What purpose does questioning the use of the Euro in a few countries (like Romania, which wants to switch, but has to meet certain EU economic standards, like low inflation, first, before the EU will ALLOW them) have to do with the topic on hand, other than to muddy the waters re: the on topic facts that you got wrong? An off topic discussion about currency in the EU, while interesting, has little to do with the topic. I only brought it up in passing
Last edited by fastair; Jun 29, 2011 at 12:34 am
#57
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My post was about US law (see the first sentence, as well as the specific examples of US law). My point was (in response to the message i quoted) that the US has statutes similar to this in which individual citizens are compensated, and that it's not just an EU thing.
So, I was obviously saying that, in the case of these US statutes, a US citizen should feel entitled to collect on them, and that it "may" even be his/her civic duty because that is what his/her government would like its citizens to do when it designs a penalty to be enforced by individual citizens.
Of course, the same logic applies to an EU citizen, like the OP, enforcing an EU consumer protection statute.
But where in any of that do you get me saying that the US government wants its citizens to enforce EU law, and based on that say that I went "overboard?"
I believe that UA has chosen to operate there before there was such a cartel as the EU, but they flew into individual states. Yes, UA has chosen to continue to operate there after the formation of the EU, but it isn't like UA started flying into those countries as they became EU states, rather UA flew to Europe long before, and continues to after. . . . A subtle and legally moot point, but a valid perspective shift none the less.
By flying to the EU, UA and other carriers must accept that they will be subject to EU laws and regulations, which everyone knows may change over time. And it's not like UA is permanently locked into every route it opens--UA has dropped lots of of routes in its history. So, unless you believe that UA should eternally be subject only to the laws in place in the various EU states when it first started serving them (and based on reading your posts, I don't think that's what you believe), then I don't see how this point, or any of the ensuing discussion of route maps, and treaty history/trivia, is relevant at all. As long as UA serves EU destinations, UA is subject to EU law, period. And if this was a very recent law that the EU sprang on UA without notice, then maybe you could say it was unfair to expect UA to immediately be ready to comply. But this is a law from 2004, so for UA not to be following it in in 2011 is simply indefensible. Whether UA started serving LHR in 2002, or in 1902, makes no difference whatsoever.
Last edited by iluv2fly; Jun 29, 2011 at 1:35 am Reason: merge
#58
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You said "anyone who is legally entitled..." That would include US citizens as well as just about everyone. Can you see where when you used an all encompassing term like "anyone who is legally entitled" that I would assume you included non EU citizens, as they too, are legally entitled. If you wanted to limit the scope of your statment, and I misinterpreted it, try using limiting terms instead of all encompassing terms. In the venn diagram, "anyone..." is the set, you defind, not a subset such as "anyones who happen to be subject of the government that passed the rule."
If I misread your post, perhaps the terms you used were not the terms you wanted to use, as I did read the entire post, and that is where I pulled your quote from, using the all encompassing term. Any reference previous to a subset was redefined as soon as you changed the subject to include "anyone" in that sentance.
#59
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Note the EC 261/2004 was created for several reasons. Most of these are listed in the Preamble to the regulation. (http://eur-lex.europa.eu/LexUriServ/...01:0007:EN:PDF)
It is a waste of time, since it is a moot point, to dispute these reasons:
It is a waste of time, since it is a moot point, to dispute these reasons:
Whereas:
- Action by the Community in the field of air transport should aim, among other things, at ensuring a high level of protection for passengers. Moreover, full account should be taken of the requirements of consumer protection in general.
- Denied boarding and cancellation or long delay of flights cause serious trouble and inconvenience to passengers.
- While Council Regulation (EEC) No 295/91 of 4 February 1991 establishing common rules for a denied boarding compensation system in scheduled air transport created basic protection for passengers, the number of passengers denied boarding against their will remains too high, as does that affected by cancellations without prior warning and that affected by long delays.
- The Community should therefore raise the standards of protection set by that Regulation both to strengthen the rights of passengers and to ensure that air carriers operate under harmonised conditions in a liberalised market.
- Since the distinction between scheduled and non-scheduled air services is weakening, such protection should apply to passengers not only on scheduled but also on non-scheduled flights, including those forming part of package tours.
- The protection accorded to passengers departing from an airport located in a Member State should be extended to those leaving an airport located in a third country for one situated in a Member State, when a Community carrier operates the flight.
- In order to ensure the effective application of this Regulation, the obligations that it creates should rest with the operating air carrier who performs or intends to perform a flight, whether with owned aircraft, under dry or wet lease, or on any other basis.
- This Regulation should not restrict the rights of the operating air carrier to seek compensation from any person, including third parties, in accordance with the law applicable.
- The number of passengers denied boarding against their will should be reduced by requiring air carriers to call for volunteers to surrender their reservations, in exchange for benefits, instead of denying passengers boarding, and by fully compensating those finally denied boarding.
- Passengers denied boarding against their will should be able either to cancel their flights, with reimbursement of their tickets, or to continue them under satisfactory conditions, and should be adequately cared for while awaiting a later flight.
- Volunteers should also be able to cancel their flights, with reimbursement of their tickets, or continue them under satisfactory conditions, since they face difficulties of travel similar to those experienced by passengers denied boarding against their will.
- The trouble and inconvenience to passengers caused by cancellation of flights should also be reduced. This should be achieved by inducing carriers to inform passengers of cancellations before the scheduled time of departure and in addition to offer them reasonable rerouting, so that the passengers can make other arrangements. Air carriers should compensate passengers if they fail to do this, except when the cancellation occurs in extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. ...
#60
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In the OP's case, it appears that US was in breach of regulation EC 261/2004 from the very start by not informing PAX of their rights under EC 261/2004.
Here's a poster: http://ec.europa.eu/transport/passen..._apr_a4_en.pdf
And a Leaflet: http://ec.europa.eu/transport/passen...leaflet_en.pdf
Article 14
Obligation to inform passengers of their rights
Obligation to inform passengers of their rights
- The operating air carrier shall ensure that at check-in a clearly legible notice containing the following text is displayed in a manner clearly visible to passengers: ‘If you are denied boarding or if your flight is cancelled or delayed for at least two hours, ask at the check-in counter or boarding gate for the text stating your rights, particularly with regard to compensation and assistance’.
- An operating air carrier denying boarding or cancelling a flight shall provide each passenger affected with a written notice setting out the rules for compensation and assistance in line with this Regulation. It shall also provide each passenger affected by a delay of at least two hours with an equivalent notice. The contact details of the national designated body referred to in Article 16 shall also be given to the passenger in written form.
- In respect of blind and visually impaired persons, the provisions of this Article
And a Leaflet: http://ec.europa.eu/transport/passen...leaflet_en.pdf