Time limit for claims.

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airazurxtror
Posts: 3769
Joined: 17 Nov 2005, 00:00

Time limit for claims.

Post by airazurxtror »

Ryanair has been asked to accept claims until six years after the flight; its regulations are two years :

15.2 LIMITATION OF ACTIONS
Any right to damages and/or compensation shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

What about the Belgian airlines ?

Jetairfly (point 13.1) :

TIME LIMIT FOR ACTION
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Brussels Airlines :

17.2. LIMITATION OF ACTIONS
Any liability action (based on the Montreal and Warsaw Conventions) shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.

17.3. EU Regulation n°261/2004
Any action based on the EU Regulation n°261/2004 is subject to Belgian law, by application of article 19 of the present conditions, and has to be introduced within one year following the flight requiring the application of said Regulation.

Thomas Cook Airlines :

Délai pour procédure judiciaire
Une procédure judiciaire en obtention de dommages et intérêts doit être
introduite dans les deux ans suivant la date d’arrivée de l’avion ou la date à
laquelle l’avion aurait dû arriver.

VLM :

17.2. LIMITATION OF ACTIONS
Any right to Damages shall be extinguished if an action is not brought within two years of the date of arrival at destination, or the date on which the aircraft was scheduled to arrive, or the date on which the carriage stopped. The method of calculating the period of limitation shall be determined by the law of the court where the case is heard.
IF IT AIN'T BOEING, I'M NOT GOING.

jan_olieslagers
Posts: 3059
Joined: 24 Jun 2006, 08:34
Location: Vl.Brabant
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Re: Time limit for claims.

Post by jan_olieslagers »

Which says nothing about the one deciding factor: Belgian law. No private regulation or condition can go against law.

Not knowing the least bit about said legislation, nor do I care.

sean1982
Posts: 3260
Joined: 18 Mar 2003, 00:00
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Re: Time limit for claims.

Post by sean1982 »

Apparently not. The judge in the UK ruled that the EU law prevails, so ALL Belgian airlines are also in breach according to this precedent

(This is typical british though. They are the first ones to slag of the european Union, but when they can use it to their advantage they dont hesitate)

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