Chronic. Travelers will experience flight delays this summer and who will claim the compensation to which they are entitled are likely to suffer disappointments. The airlines have indeed found an answer for not to pay : they ask the passengers to prove that they were on board the plane.
This is what happened to Antoine, Diana and Henry M., who arrived from Miami, Florida, and in Paris with more than five hours late, on 26 July 2014. They are calling on the French airline XL Airways, a compensation of 600 euros per person pursuant to european regulation no. 261/2004 of 11 February 2004, but do not get it.
They grab then the court near Aulnay-sous-Bois (Seine-Saint-Denis), near the airport Roissy (Val-d’oise). They produce their bookings e-mail that the certificate of delay, non-nominative, that the company has provided. XL Airways replica that these documents do not prove their presence in the airplane and claim their boarding passes. However, they do have more. The court dismissed, on 26 February 2016.
The M. is to provide to the supreme court. They argue that the local court has not only “reversed the burden of proof” by asking them to demonstrate that they were in the plane, but, in addition, required “proof is impossible “because” only the air carrier holds the listing it ” confirms the boarding of the passenger. The court of cassation rejected their appeal on 14 February, to general surprise.
Wrath of the carriers
“Since then, many of the companies we oppose the same application,” says Me Benjamin Mayor, lawyer, litigation specialist air. Gold boarding passes paper may be lost and the e-cards, smartphone, self-destruct after the vol ” We responded that the regulation…
