Originally Posted by
Tafflyer
This is denied boarding, clear and simple. Incompetence of the airline is no extraordinary circumstance for EU261.
EDIT: Withholding EU261 on the grounds that the passenger had no valid ticket doesn't stand up here since a) the passenger did not cancel the booking and b) the Airline initiated a rebooking/rerouting with agreement of the passenger. It's simply a mistake made by the airline, which can well happen, but must be compensated by law.
Originally Posted by
warakorn
This equates to a denied boarding situation, which triggers EC261/2004.
The burden of proof that the passenger wanted to cancel/refund the ticket lies with the operating carrier.
I cannot agree with you. Airlines would be able to deny all denied boarding claims, because the airline elected to cancel the ticket by themselves. This would contravene the entire EU passenger rights legislation.
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.
I have raised EU261 claim - will report back once LH comes back me.
Thanks for all your opinions!