Originally Posted by
Kacee
That's not correct. EU261 applies to more than cancels and delays. It applies as well to denied boarding (which is arguably what happened here) and downgrades.
I also know that I don't know enough to start arguing about whether EU261 applies on these facts. I'll defer to our European members on that one.
From summary on EU261:
"(a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present
themselves for check-in,"
Flyer did not have a confirmed reservation. It was mistakenly (it appears) cancelled before he/she arrived at airport. One did not exist.
From summary on EU261:
"Article 4: Denied boarding
1. When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their
reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air
carrier. Volunteers shall be assisted in accordance with Article 8, such assistance being additional to the benefits mentioned in
this paragraph.
2. If an insufficient number of volunteers come forward to allow the remaining passengers with reservations to board the flight,
the operating air carrier may then deny boarding to passengers against their will.
3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in
accordance with Article 7 and assist them in accordance with Articles 8 and 9."
Denied boarding applies to overbooked flights. But it doesn't matter, flyer had no reservation. UA did wrong, but EU261 is not the avenue for redress.
http://ec.europa.eu/transport/themes...g_2004_261.pdf