Originally Posted by
astir 8
Further to my last post, reply from BA that "denied boarding" only applies to an overbooking situation!!!
They are refusing to amend their offer.
Have told them to send the Easyjet fare but it's not stopping there.
Perhaps you should remind them of the language in the regulation:
(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;
Article 3 (2) reads:
2. Paragraph 1 shall apply on the condition that 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,
or, if no time is indicated,
- not later than 45 minutes before the published departure time; or
(b) have been transferred by an air carrier or tour operator from the flight for which they held a reservation to another flight, irrespective of the reason.
Denied boarding does not only apply to 'oversales'. It applies, for example, in cases where the aircraft is downsized. From your explanation it would seem that the passenger had a confirmed reservation and presented herself at the time indicated.
BA screwed up royally on this one. They should simply cut the BS and pay up as required by the regulation.