Originally Posted by
mattjam
Hello. A bit of a specialist questions for the legal eagles here.
In the summer, Vueling Airlines denied boarding to my family and I. I bought the tickets from BA.
I have contacted Vueling on multiple occasions but they are ignoring me. So, I am going to file a claim.
Vueling is not based in the UK, so that seems to necessitate the completion of a Form N510 (on the English Court website). Is Vueling a party to a consumer contract for the purposes of the claim? I didn't buy the tickets from them - although they are providing the services. UK 261 seems to require me to go after the airline (Vueling) not the seller of the tickets (BA).
Sadly, it's a mess and form N510 can't be used here. N510 is used as Notice for Service for cases that fall within
CPR 6.34.
CPR 6.34 applies where you intend to rely on CPR 6.32 (NI or Scotland) or 6.33 (outside the UK). CPR 6.33 requires that the claim be one the Court can hear under
sections 15A to 15E of the Civil Jurisdiction and Judgments Act 1982.
Unfortunately, section 15E defines "consumer contract" in a way that creates an exception to the general rule under section 15B that Courts can hear consumer disputes regardless of what the contract states as to jurisdiction:
"consumer contract" ... does not include a contract of transport other than a contract which, for an inclusive price, provides for a combination of travel and accommodation
Since you presumably just bought flights from BA, rather than a combination of travel and accommodation, section 15E excludes your booking from being considered a consumer contract for the purposes of section 15B, and thus you can't rely on CPR 6.33. This point is discussed (and explained perhaps rather more clearly) in
this chamber's article.
Sadly, the Montreal Convention is unlikely to be of assistance in your case since the CJEU has ruled that EU261 compensation is not a claim for 'damages' under the the Convention's definition, and so the Brussels I (Recast) Regulation instead dictates jurisdiction - see
this other chamber's article.
Now, it's
possible you could rely on Brussels I, which gives jurisdiction to the Courts of the passenger's place of residence. But since Brexit, that Regulation no longer applies in the UK, so I imagine that would be a matter of discretion for the judge and something you may need to apply for permission for. Anyway, I'll leave that particular point to the solicitors to opine on.