A judgment of the Court of Cassation has not given reason to passengers having suffered a delay of 5 hours on a flight Paris-Miami, depriving them of the compensation provided for by the European regulation n ° 261/2004 in case of cancellation of theft or significant delay on the ground that they were unable to prove that they had boarded the aircraft.
Earlier this year, the Court of Cassation decided to reject the claim that three passengers claimed from XL Airways on the grounds that their flight between Miami and Paris had, in 2014, been delayed by more than 5 hours.
As explained by RefundMyTicket, the elements of the file, the electronic booking of air tickets, as well as a certificate of delay signed by the airline, but not registered, were not considered sufficient to prove that they had embarked well and suffered a delay of 5 hours upon arrival at destination. According to the court decision, they should have provided their boarding card on the flight.
A case that will make jurisprudence
RefundMyTicket therefore advises to systematically keep the boarding passes. This decision, “a first in the framework of the European regulation n ° 261/2004”, gives precedence. And “it proves once again the reluctance and unwillingness of airlines, who are still best placed to know who was or was not on board their aircraft, to pay consumers the benefits to which they can legally claim” explains RefundMyTicket in a statement.
