TK and 261/2004
Apr 7, 2010 | 7:49 pm
#1
Original Poster
Join Date: Nov 2008
Location: United Kingdom
Programs: BA, Marriott & SPG, Hilton, Avis
Posts: 264
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.
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.
Apr 8, 2010 | 7:31 am
#3
Join Date: Nov 2009
Location: PDX
Programs: Don't think it matters...
Posts: 5,255
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..
Apr 8, 2010 | 9:58 am
#4
Join Date: Jan 2005
Location: Tampere
Posts: 3,344
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..
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
Apr 8, 2010 | 10:07 am
#5
Join Date: Apr 2009
Location: BGO
Programs: SK EBG
Posts: 645
to an airport located in the territory of a Member State to which the Treaty applies
Apr 8, 2010 | 1:21 pm
#6
Moderator, Hilton Honors
Join Date: Nov 2003
Location: on a short leash
Programs: some
Posts: 71,446
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..
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.
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.
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.
Last edited by Kiwi Flyer; Apr 8, 2010 at 1:28 pm
Apr 9, 2010 | 2:12 am
#7
Join Date: Nov 2009
Location: PDX
Programs: Don't think it matters...
Posts: 5,255
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 ??
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 ??
Apr 9, 2010 | 9:40 am
#8
Join Date: Nov 2007
Location: LEJ BRU
Posts: 1,282
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."
"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."
Apr 13, 2010 | 9:48 am
#9
Original Poster
Join Date: Nov 2008
Location: United Kingdom
Programs: BA, Marriott & SPG, Hilton, Avis
Posts: 264
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.
My familiy have emailed TK customer service who have advised they will get back to them with regards any compensation etc.
Thanks again.