FlyerTalk Forums - View Single Post - 'Which?' target BA for EC261 petition - please sign
Old Jul 1, 2017, 10:22 am
  #151  
Flexible preferences
 
Join Date: May 2010
Location: UK
Posts: 5,380
Originally Posted by simons1
Personally I would say it's the party in breach of the regulations that should put things right. That is also what the wording of EC261 indicates when it says "passengers shall receive compensation" as opposed to passengers may claim compensation.

Of course there is a link between airline's profits and the amount of compensation they avoid paying, presumably that is why BA routinely rejects claims and also tried to force customers to claim duty of care payments from insurers recently until the insurer bodies embarrassed them into changing tack.

I have no issue if people are aware of their rights and decide to forego compensation. However I do have an issue if people are not made aware. My kids for example would have no idea what to do in such circumstances. Nor would my parents in their 80s. Maybe in some posters eyes 'getting away with it' is fair game, personally I don't think so.
Now I am no lawyer but at this stage surely no regulation has been breached? A circumstance has occurred which has made an airline liable, but unless they refuse to pay out the airline is NOT in breach of the regs...

(sorry about the capitals, using a phone)
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