Left stranded by airline ... what are my rights

hussey

Hi there,
On thursday last, myself and my Australian partner were due to fly Florence -> London with Vueling.
I went to check and got to last page and the page told me I was checked in but my partner wasn't (due to non EU passport)
We got to the check in area (with plenty of time) and were told only I was guaranteed to fly, due to weight restrictions and wind, all passengers who did not check in would have to wait for a pilots decision.
We waited and waited along with 40 others, and eventually the plane took off without us (they never actually told us, they just updated the electronic board)
I looked up what our rights were (http://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm)
and I wanted to be put on another flight, they simply refused saying we would need to wait until the next flight (26hrs later, thus taking 2 days off our 7 day holdiday)
So we decided to book ourselves (so we took a taxi to centre, (24euro) bus to pisa (12 euro) and an easyjet flight to london (450euro) our original ticket was around 325euro.

Now the airline claim they could not fly us all due to wind and weight, but the plane took off carrying all checked in online passengers.

I am looking at this http://ec.europa.eu/transport/themes/passengers/air/doc/complain_form/eu_complaint_form_en.pdf
Now they say it was due to high wind, but since the plane took off, was this just bullsh*t, or will i still be due the 250Euro?
Also we were only given the option of taking tomorrows flight.
Not a flight with another airline (was this a right?)
I was not offered a refund until I mentioned my EU rights document.

Lux23

So you were flying from Florence? Maybe check out the Italian ECC website and see if they can get in touch with their aviation regulator. This is the Irish one.

http://www.flightrights.ie/

L1011

High winds could, in certain circumstances, limit the weight that can be carried. However, as the flight operated I would personally see it as being the same as subbing in a smaller aircraft - you were involuntarily denied boarding and entitled to the compensation for that. The rules for extreme weather etc are for cancellations, not this.

Vueling may have a different interpretation of the regulations but they are unlikely to want to risk a court fight.

Smondie

Imo you don't have a claim. You voluntarily missed the plane, even though you were checked in and guaranteed a flight.

Your girlfriend might have a better chance of a claim.

munchkin_utd

if you are denied boarding then you are possibly entitled to compensation of €400 each. I presume the unused flight would also have to be refunded.
Maybe it'd be simpler to claim that compensation rather than look for the exact figure of the rebooked flight to be repaid.

notharrypotter

munchkin_utd wrote: »

if you are denied boarding then you are possibly entitled to compensation of €400 each. I presume the unused flight would also have to be refunded.
Maybe it'd be simpler to claim that compensation rather than look for the exact figure of the rebooked flight to be repaid.

Check the OP.

They were checked in.
When they got to the airport they were advised that they were going on the flight.
At check-in in the airport they were advised that carriage of their companion was dependant on a number of factors. And the pilot would decide.

Their companion was not subsequently offered travel on that flight as the pilot made a decision in the interests probably of safety only to carry as many passengers as was prudent.

The plane departed with all checked in passengers who responded to the boarding call.
They did not board as I suspect they wanted to travel with their companion.

Their companion may have a case but they on the face of it do not as they were not denied an opportunity to travel.