Originally Posted by
SK AAR
I beg to differ. This is nowhere near a "denied boarding" situation. You have no case law/ECJ rulings supporting your interpretation.
If it is not denied boarding, then what is it? Airline can just decide to "not reissue properly" a ticket and null and void any commitments to the customer?
I would find it
extremely surprising if a court ruled that a passenger who was prevented from checking in is not denied boarding.
Going by the wording of EC261/2004:
(j) "denied boarding" means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation;
and referenced:
passengers:
(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,
- as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent,
In conclusion
- Passenger has presented themselves for check-in, via electronic means
- therefore passenger has presented themselves for boarding under the conditions laid down
- ergo passenger has been denied boarding
You might argue that the passenger was not holding a ticket; however,
- the passenger has not cancelled a ticket themselves
- the airline has not cancelled the passengers flight - not the one he has been booked to
- passenger can show he has been informed by the airline that he holds a valid ticket.
Airline cannot retroactively decide to cancel a passengers ticket because their own employee made a mistake.