Does this qualify for compensation under EU regulation

Discussion in 'General Discussion | Travel' started by BRU2m10, Oct 23, 2012.  |  Print Topic

  1. BRU2m10

    BRU2m10 Member

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    Hi,

    My mother is traveling BRU-MAD-LIM (foreseen for today)
    and LIM-AQP tomorrow.

    Because of a strike in Spain, her flight BRU-MAD got delayed with two hours.
    She arrived at the gate in MAD during boarding, but it was just 10-15 minutes before departure and they refused boarding because her luggage would not be on the flight. She still managed to speak to her traveling partner who came from SVO. As a result, both 50+ ladies are now separated...

    Iberia housed her (and a lot of others) in a 5-star hotel where she gets food.
    She hasn't been informed about her travelers rights;

    Tomorrow, they plan to put her on the same flight to LIM.

    My question is: does this qualify as 'denied boarding'? She didn't arrive 45 minutes before the scheduled departure time. On the other hand, the flight was still boarding, and she made it in time. They could have allowed her on the plane and sent the luggage after her.

    Is her one day delay enough to get compensated under EU regulation (since it is more than 4 hours), or can Iberia claim an 'act of god' because of the strike?

    I see that there are still numerous options to get her in AQP withouth losing a whole day of her trip. Why didn't Iberia rout her that way? She would loose a lot less time...
     
    8MiHi and Jett Rink like this.
  2. Wandering Aramean
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    Wandering Aramean Gold Member

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    8MiHi likes this.
  3. craz
    Original Member

    craz Silver Member

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    the only problem is the OP said the flight was Delayed due to a Strike at MAD which is out of a Carriers control so no Compensation. Now had she been traveling with only carry-ons she would have been allowed to board. since her bags werent gonna be on the same flight (I know how many times do they miss the flight anyways and they dont pull the person off) but seems that her carrier wants a person and their bags on the same flight

    the OP never mentioned that the flight was Oversold so I assume it wasnt and his mothers seat went out empty. But the main part is since the Strike was the cause for the 2 hr delay in arriving into MAD, I dont believe the EU Rules will take affect and no compensation other then the Hotel & Meals
     
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  4. Wandering Aramean
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    Wandering Aramean Gold Member

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    I'm still not so convinced. If you present yourself at the gate at the appropriate time and they do not permit you to board then I believe you are due compensation. The exact timing might be a problem to document but hard to know.
     
  5. BRU2m10

    BRU2m10 Member

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    Well. Her friend was on the plane so she should be able to tell whether the flight was oversold or not.
     
  6. LETTERBOY
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    LETTERBOY Gold Member

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    This will never happen, but if someone's travel was interrupted by a strike, it'd be great (and funny :D) if they were able to seek compensation from the union/unions involved.
     
    Flyer1976 likes this.

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