Thanks ExXB,
According to article 2 of regulation 261/2004 an operating air carrier means an air carrier that performs or intends to perform a flight under a contract with a passenger or on behalf of another person, legal or natural, having a contract with that passenger. As you say Emirates is a non EU licenced airline. If I invoked the MC which deals with international carrier liability for the delay which is claimable through court proceedings would I have to identify some office Emirates has in the EU?
Surely Emirates would have to prove it took all reasonable measures to avoid the damage or it was impossible to take such measures but I really can't see how they could do that. Perhaps they would see defending costing more than the payouti especially since the liability for passenger delay is approx €5,200 but then I had booked for 5 of us which would be €26,000.
One would have to have the case presented in court and undergo legal evaluation on the basis of the actual facts to establish the damages suffered. This Montreal Convention isn't that easy to get ones hear around. Has the ordinary consumer ever been successful in availing of the protection it offers?
Last edited by Sober Lark; 16th May 2012 at 14:29.