FlyerTalk Forums - View Single Post - KLM Check-in staff screwed up visa rule and delayed me by 24 hours
Old Mar 12, 2015 | 10:20 pm
  #12  
NickB
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Originally Posted by Fly BZN
Invol compensation is only required if the invol was due purely to overbooking.
This is incorrect: this is neither what the Regulation says nor what the CJEU has found. I refer you, in particular, the Finnair v Lassooy case, in which the CJEU found that "the EU legislature expanded the scope of the definition of ‘denied boarding’ beyond merely situations where boarding is denied on account of overbooking referred to previously in Article 1 of Regulation No 295/91, and construed ‘denied boarding’ broadly as covering all circumstances in which an air carrier might refuse to carry a passenger."
Originally Posted by Fly BZN
Inadequate travel docs is reasonable grounds to deny boarding
It is indeed, hence why I took care to specify that compensation would only be due if the OP presented himself with adequate travel documents.
Originally Posted by Fly BZN
even if travel docs were good, if agent had good reason to believe otherwise it's probably still a legitimate denial of boarding
There is no basis whatsoever in either the text of the regulation or the caselaw of the CJEU for a defence of "reasonable belief" that the passenger should be denied boarding, even if one assumes that an erroneous belief of this kind by a professional could be regarded as "reasonable."
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