Hi Guys,

I need some help.

I recently flew from SYD - BKK then BKK - BRU and I was ticketed in F class for both flights on an Award with Taca Lifemiles.

I was told at check-in that the first leg was F class and the second leg was J.
I was going to pursue it in BKK at the transfer counter but I didn't have time.

I have just filed for REGULATION (EC) No 261/2004 compensation with Thai and they have come back to me and said there is no F class in that leg but they are investigating into what happened.

They have also Quoted:

I regret to inform you EU Regulation 261/2004 is not applicable as with non EU Carriers, which THAI is, EU compensation laws only come into play due to an irregularity in relation to a flight departing from Europe is affected. In this case you were travelling to Europe from Sydney or from Bangkok to Brussels.

Is this true as in the Regulation it states this:

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.

Under the Definition it states this:

(c) ‘Community carrier’ means an air carrier with a valid operating licence granted by a Member State in accordance with
the provisions of Council Regulation (EEC) No 2407/92 of
23 July 1992 on licensing of air carriers (1);

Thai Airways also has a Head Office in Brussels, does that classify them as being granted a licence to operate in Belgium which is a Member state.

Thank you for your help in advance.