Originally Posted by
Dave Noble
If in a UK Small claim court, it would be fairly easy - just need to convince the judge that in all probability the passenger took the flight
Doesn't need strong incontrovertible evidence, just ve enough to convince that in balance of probabilities, the claimant's claim is true
Also - quite importantly - the onus is on the airline to prove that it is not liable to pay compensation, not on the passenger to prove that it is
Originally Posted by
Often1
The underlying problem here is proving that the passenger flew the outbound. If she did, then AA improperly cancelled her ticket and she was denied boarding and due EC 261/2004 compensation of EUR 600. If she did not fly the outbound (or cannot prove it), then AA properly cancelled the remaining segment of her ticket, she was properly denied boarding and due nothing.
Proving that one took a flight can be hard. BP's themselves are meaningless, whether on paper or print. But, nonetheless, because carriers foolishly accept them as proof, it makes sense to hang onto them until all issues relating to the flight have been settled. e-BP's are fine. AA's remain in one's wallet until deleted and simply have a note on the code to the effect that the pass has expired. Alternatively, one may always save a PDF of the BP.
If one lacks a BP, it is all a matter of gathering other items which might tend to prove this. Bear in mind that the passenger count for the aircraft had to match before it closed and pushed back. Thus, somehow AA had to account for a person being on its aircraft.
It's easier in this case than in the average case. Presumably the passenger here could show that AA paid for her return on BA & DL, and that AA did that only upon proof that it deemed satisfactory (at least
for that purpose) that the passenger was on the first AA flight. So AA would be stuck having to explain why the passenger's proof was good enough to get a free flight (which I would imagine actually cost AA more than a few hundred bucks) but now is worthless.