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TK and 261/2004
My family flew back on a mileage ticket CPT-JNB-IST-MAN and were delayed for a night in JNB and a night in IST due to a technical fault.
I am trying to find out if the delay is covered by the 261/2004 regulations. IST-MAN must be covered since the flight is going into the EU, but I am unsure as to the other flight and whether the regs apply to the entire trip or just the EU bit. Any help would be appreciated. |
Unfortunately, 261/2004 only applies to non-EU carriers such as TK on their flights from Europe.
cheers, Henry |
Originally Posted by henry999
(Post 13730754)
Unfortunately, 261/2004 only applies to non-EU carriers such as TK on their flights from Europe.Henry
Hmmm.. not so sure..the regulation is applicable as below : The regulation applies to any passenger: departing from OR to an airport located in the territory of a Member State to which the Treaty applies; The protection accorded to passengers departing from OR to an airport located in a Member State should be extended to those leaving an airport located in a third country for one situated in a Member State, when a Community carrier operates the flight and where a community carrier is defined as any carrier licensed to operate within that community - so basically almost every carrier flying to or from or within Europe. So from the above, I guess IST - MAN is surely covered.. |
Originally Posted by abhilife2001
(Post 13732594)
Hmmm.. not so sure..the regulation is applicable as below :
The regulation applies to any passenger: departing from OR to an airport located in the territory of a Member State to which the Treaty applies; The protection accorded to passengers departing from OR to an airport located in a Member State should be extended to those leaving an airport located in a third country for one situated in a Member State, when a Community carrier operates the flight and where a community carrier is defined as any carrier licensed to operate within that community - so basically almost every carrier flying to or from or within Europe. So from the above, I guess IST - MAN is surely covered.. cheers, Henry |
Originally Posted by henry999
(Post 13733579)
Erm ... no. TK is most assuredly not an EU 'community carrier'.
cheers, Henry to an airport located in the territory of a Member State to which the Treaty applies |
Originally Posted by abhilife2001
(Post 13732594)
Hmmm.. not so sure..the regulation is applicable as below :
The regulation applies to any passenger: departing from OR to an airport located in the territory of a Member State to which the Treaty applies; The protection accorded to passengers departing from OR to an airport located in a Member State should be extended to those leaving an airport located in a third country for one situated in a Member State, when a Community carrier operates the flight and where a community carrier is defined as any carrier licensed to operate within that community - so basically almost every carrier flying to or from or within Europe. So from the above, I guess IST - MAN is surely covered..
Originally Posted by EU 261/2004
(23) The Commission should analyse the application of this
Regulation and should assess in particular the opportunity of extending its scope to all passengers having a contract with a tour operator or with a Community carrier, when departing from a third country airport to an airport in a Member State.
Originally Posted by EU 261/2004
(6) The protection accorded to passengers departing from
an airport located in a Member State should be extended to those leaving an airport located in a third country for one situated in a Member State, when a Community carrier operates the flight. |
hmmm..
by community carrier do we mean carriers with their registered country being in the in the European Union ?? since its written that community carrier is defined as any carrier licensed to operate within that community ?? |
pretty clear: a community carrier per definition of regulation 261/2004 is a carrier with a licence under regulation EWG 2407/92 which applies to:
"Article 1 1. This Regulation concerns requirements for the granting and maintenance of operating licences by Member States in relation to air carriers established in the Community." |
Thanks for your responses.
My familiy have emailed TK customer service who have advised they will get back to them with regards any compensation etc. Thanks again. |
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