European Passenger Rights Legislation

[KARL]

I was rather surprised to learn today of someone having been told that he has 6 month to seek redress by claiming (in the UK) under the legislation or else the claim will be rejected. If this is correct then that must be one of the shortest period of redress legislation's effectiveness known worldwide. Does anyone know what the truth is or, better actual case experience ?

[factor-fiction]

I don't know but I can't immediately think why 6 months would be unreasonable. What sort of claim are you thinking of?

[KARL]

Apologies for typos *six months.....shortest periods

The statement was made by the CAA and the claim was rejected because it was more than six months.

This is also posted under Law

[KARL]

So far as I am aware, all consumer legislation allows for up to six years in England and, if I am not mistaken, there is no time limit in Scotland (but you can only make a claim once on the same basis). It is a matter of law, not what the CAA or anyone else feels is reasonable.

I don't know what the claim was about but it would have been on one of the items covered by the legislation (delay, refused boarding, cancellation, etc.).

[237SJ]

It must have been a safety related issue. Refused boarding, cancellation etc has nothing to do with the CAA. That would be the airline or IATAs department.

[rojash]

"nothing to do with the CAA"?

The CAA uses a mix of international, European and domestic legislation to protect consumers. This ranges from the minimum safety standards laid down by the International Civil Aviation Organisation (ICAO), to EC legislation protecting passengers rights, European legislation on safety issues such as pilot licensing and domestic regulation on the use of airspace.

The prime UK legislation is detailed in the Civil Aviation Act and the Air Navigation Order. These provide the key domestic legislation that the CAA uses in its day-to-day business.

[237SJ]

As you say rojash, those are safety related issues. They are responsible for enforcing legislation regarding safety issues, operating standards and are the enforcers for European legislation of such. They`re not the people you write to if your flight is cancelled or you were denied boarding (unless the airline has broken the rules such as denying boarding to a disabled person etc).

[rojash]

You seem to have a difficulty with selective reading:

"...to EC legislation protecting passengers rights, "

[Buenchico]

Action by the CAA is entirely separate to a traveller's rights to pursue matters through the courts:
http://www.caa.co.uk/...tid=2211&pageid=12727

The relevant EU legislation is contained within Regulation (EC) No 261/2004:
http://eur-lex.europa...EX:32004R0261:EN:HTML

In More v KLM the European Court of Justice indicated that the time limit for bringing an action to court should be that which applies in the relevant EU member state. (i.e. 6 years in the UK).
http://www.hfw.com/pu...lation-2612004-update

Chris