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Thread: TK and 261/2004
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Old Apr 8, 2010 | 1:21 pm
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Originally Posted by abhilife2001
Hmmm.. not so sure..the regulation is applicable as below :

The regulation applies to any passenger:

departing from OR to an airport located in the territory of a Member State to which the Treaty applies;
The protection accorded to passengers departing from OR to 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 and where a community carrier is defined as any carrier licensed to operate within that community - so basically almost every carrier flying to or from or within Europe.

So from the above, I guess IST - MAN is surely covered..
NO. That is clause 23 which requires the Commission to consider extending the passenger rights for flights to Europe. Full wording below.

Originally Posted by EU 261/2004
(23) The Commission should analyse the application of this
Regulation and should assess in particular the opportunity
of extending its scope
to all passengers having a
contract with a tour operator or with a Community
carrier, when departing from a third country airport to
an airport in a Member State.
The actual coverage is in clause 6 as follows.

Originally Posted by EU 261/2004
(6) 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.
So the OP's itinerary is not at all covered by EU 261/2004 passenger rights because TK is not an EU-registered airline.

Last edited by Kiwi Flyer; Apr 8, 2010 at 1:28 pm
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