air travel – How long can it rightfully take for an airline to reply to a EC261 claim?

I think I am entitled to compensation under EC261. I filed an application from Ryanair’s website and, after the automated ZenDesk acknowledgment email, I haven’t heard back for months.

Is the company required to answer within a specific time frame? What is this time frame, and to whom should I escalate if my request is being ignored?

For context, I am a EU citizen living in the UK, and this is referring to a flight between the UK and the EU at a time when the UK was still under EU regulations (before 31 Dec 2020).

(This post isn’t asking whether I’m entitled to compensation – in fact, I haven’t given any details here –, but whether and under what rules I’m entitled to an answer)

air travel – How long can it take for an airline to reply to a EC261 claim?

I think I am entitled to compensation under EC261. I filed an application from Ryanair’s website and, after the automated ZenDesk acknowledgment email, I haven’t heard back for months.

Is the company required to answer within a specific time frame? What is this time frame, and to whom should I escalate if my request is being ignored?

For context, I am a EU citizen living in the UK, and this is referring to a flight between the UK and the EU at a time when the UK was still under EU regulations (before 31 Dec 2020).

(This post isn’t asking whether I’m entitled to compensation – in fact, I haven’t given any details here –, but whether and under what rules I’m entitled to an answer)

cancellations – Rerouting options under EC261

We are a party of four with a one-way flight from New York to Paris with one stop in Porto, Portugal on TAP Airlines. The flight is not for a few months yet but the third party that we purchased the tickets from just notified us that the flight was cancelled and that TAP offered an alternate itinerary or a refund. We do not want a refund but the alternate itinerary offered does not work well for us based on other flights and hotels that are scheduled before and after this one. I see plenty of other itineraries available with TAP from New York to Paris on the same day as our original, albeit going through JFK or LIS rather and EWR and OPO. What are are rights (if any) on requesting additional options from TAP that come closer to our original departure and arrival times?

air travel – Do Articles 8 and 9 of EC261 not apply to flight cancellations announced 2+ weeks in advance?

Regarding the EC261 regulation, I know Article 7 (compensation) doesn’t apply if the flight is cancelled more than two weeks in advance. However, it’s always been my understanding that Article 8 (right to a choice between a refund and re-routing “at the earliest opportunity”) and Article 9 (right to care) apply regardless, the latter provided I haven’t opted for a refund.

However, the Irish national enforcement body just told me Article 8 and 9 don’t apply either if the flight was cancelled two weeks or more in advance, and that I can only get a refund and am on my own in terms of getting home.

Is this really the case? Some clarification would be appreciated.

air travel – EC/261 eligibility for a multi-flight itinerary only partly in the EU

A followup to this question:

I have booked an itinerary on Turkish Airways travelling from outside the EU to the EU via Istanbul, consisting of four flights, all on the same PNR.

  1. Asia-IST
  2. IST-EU
  3. EU-IST
  4. IST-Asia

If I’m parsing my Air passenger rights page right, since TK is a non-EU carrier, the only flight out of these four where EC/261 compensation rules apply is flight #3 (“your flight departs from the EU to a non-EU country operated by an EU or a non-EU airline”). A non-official site also states that:

In some cases, disrupted flights outside the EU may be eligible under
EC261 if they connect to a covered flight that is with the same
carrier and part of the same flight reservation (under one booking
reference number).

But does not explain what these “some cases” are, much less point to an authoritative source.

In my case, TK has cancelled flight #1, effectively invalidating the entire itinerary. If TK does not notify me of flight #1’s cancellation in time (at least 14 days), am I entitled to the EU compensation for flight #3?

Note that this is not a directly connecting flight, so I presume the answer is “no”, but it would be nice to find an authoritative source.

covid 19 – Options under EC261 in event of partial cancellation on a multicity itinerary

I have a multi city booking on a single PNR, as follows:

  • Segment 1 / Leg 1 BRS – AMS, Saturday (operated by KLM)
  • Segment 2 / Leg 2 AMS – TLL, Tuesday (operated by Air Baltic)
  • Segment 3 TLL-BRS Friday: comprised of leg 3 TLL – AMS (operated by Air Baltic) connecting to leg 4 AMS – BRS (operated by KLM).

Booking was with KLM, Air Baltic is a codeshare partner so those flights also carry a KL flight number.

Estonia only permits flights from airports in countries where the recent COVID morbidity is less than 25 cases per 100,000, reviewed each Friday. Unfortunately the most recent figures for the Netherlands have exceeded that since I booked. Presumably as a result, Air Baltic has been cancelling their AMS-TLL flights on a rolling basis since Friday (it looks like they wait until one or two days before departure to pull each flight, however, rather than removing a week’s worth immediately).

There are still a few weeks for the numbers to improve sufficiently that my itinerary will remain valid, but I am unsure how to parse the usual EC261 options of reimbursement, re-routing or return if there is no such improvement and hence a partial cancellation does occur. Specifically:

  • If the Air Baltic flights are cancelled, am I entitled to adjust my AMS-BRS leg to some other date (ideally the Tuesday originally intended for AMS-TLL), since I would still wish to visit the Netherlands Sat-Mon?
  • If I am instead expected to stick to the original AMS-BRS leg on the Friday, is there any duty of care for accommodation in the Netherlands Tuesday through Friday? Whilst my bookings in Tallinn are refundable, last minute Dutch hotels are more expensive than pre-booked Estonian ones.
  • How would reimbursement be calculated if only the middle two legs are cancelled?
  • Do the answers to any of the above depend on whether I have commenced travel (i.e. on whether Air Baltic cancels the flight immediately after figures are released on Friday afternoon, versus some time after I’ve arrived in the Netherlands on Saturday morning)?

Note that I am only interested in my options regarding reimbursement/return; this is not a question about seeking additional compensation. I am also aware of the awkward possibility of a COVID figure between 15 and 25, whereby the flights are allowed to operate but I would have to quarantine in Estonia for two weeks (in which case it then becomes me who would wish to cancel some legs, not Air Baltic).

air travel – Is Eurowings’s EC261 compensation refusal accurate?

Background: was due to fly PRN-DUS-MAN, but 3 days before departure, the PRN-DUS route was reduced for July, running on Wednesdays and Saturdays rather than daily.

My immediate view is that such a service reduction is invariably a voluntary business decision, i.e. within the airline’s control.

I now got a refusal not providing any clear details (original in German HERE):

We thank you for your message and apologise for the inconvenience.

We regret that we couldn’t operate your flight EW6604 as planned. The
cause of this was extraordinary circumstances which we couldn’t avoid
despite careful planning.

The legal regulations do not prescribe compensation when a so-called
extraordinary circumstance applies. According to the European Court of
Justice (ECJ), this term refers to any and all circumstances
ultimately derived from events which, based on their nature, cause or
impact, are not part of regular operations of the concerned airline
and are outside of their actual sphere of influence (ECJ C-549/07). In
particular, this includes external damages (e.g. bird strikes or
foreign objects on the runway), strikes, severe weather, as well as
all kinds of airspace restrictions due to governmental directives.

Per the view of the (German) Federal Court of Justice (BGH), this
further includes all disruptions not immediately affecting the
concerned flight, but indirectly having an effect on your flight (e.g.
BGH X ZR 104/13 or X ZR 121/13). It is possible, such as in your case,
for various external factors during the day to add up. Such a chain
could cause further inevitable disruptions and eventually also affect
subsequent flights.

This year too, regrettably, the staffing conditions of the different
European air navigation services have been very tense. Therefore,
delays could occur during the coordination of flight movements,
especially through multiple airspaces. Such directives from flight
control authorities, airport authorities or other governmental bodies
must be followed, whereby any caused delays, as per case law, are to
be classified as an external intervention in the planned flight
operations, and therefore outside the scope of influence of the
concerned airline (e.g. BGH X ZR 115/12).

The flight schedule of an airline is comparable to a clockwork, which
only works if all cogwheels clutch together. If an impairment occurs
during such a sensitive process, a delay or even cancellation of a
flight is most often inevitable.

In order to reduce the impact on our guests as much as possible, we
naturally arrange replacement aircraft to reduce delays or prevent
cancellations. Unfortunately, in your case it wasn’t possible for us
to take further reasonable measures and operate your flight as
planned.

We’ll gladly examine the possibility of reimbursement as per the right
of care (e.g. catering during the waiting time at the airport). You
may send us the corresponding receipts as a reply to our message for
review.

We hope to be able to welcome you onboard soon again in spite of the
inconveniences.

My question is: what errors, if any, can I point to? I want to give them one last chance before taking the matter to the Kosovan civil aviation authority.

Note: again, it wasn’t a cancellation on a single date nor a suspension of the route, but a service reduction for all of July.

airlines – Can the “COVID-19 card” be pulled for a last-minute service reduction (EC261)?

Was due to fly PRN-DUS-MAN on 3 July, but the PRN-DUS flight was cancelled 3 days before, while it still ran on 1 and 4 July. In other words, the service was only reduced.

As I was re-routed and reached MAN 8 h 15 min past the original schedule, I’ve requested EC261 compensation.

I know airlines will just hold their ears and go “CORONA, CORONA, CORONA!!!”, and even users on Flyertalk have done this, but I know it’s not that simple. The specific cancellation must be beyond the control of the airline, and from what I can gather, a reduction of an up-and-running service, no matter how reasonable due to insufficient demand, is hardly beyond the carrier’s control.

So on what grounds could the airline claim this specific cancellation to be beyond their control?

Ec261 compensation : European Flight of less than 3000km, delayed by 9 hours. Is compensation limited to €400?

My flight from Tenerife south to Gatwick had to make an emergency landing due to technical issues in Porto Santo. We were delayed getting back to Gatwick by 9 hours (finally landing at 00:30, thereby incurring an £80 taxi fare home) whilst waiting on a replacement plane to collect us. The airline initially tried to deny me compensation erroneously claiming I was “a member of staff”.

Now they are saying as the flight is less than 3500 km I can only receive €400 regardless of the 9 hour time delay. Is this correct or should I receive €600?

ec261 – cancellation of EC 261/2004

Last month, Morocco locked up while I was there on vacation. He had tickets with BA. At that time some flights were canceled, but then so-called rescue flights were reinstated.

Airlines like Easyjet and Ryanair offered their customers existing ticket seats on these rescue flights (if their flights were canceled). BA did not. BA did not inform me of the flight cancellation. I found out from the news.

When I called BA, they told me they had no flights left. They offered me flights in April (which in fact were also canceled) Later they introduced additional rescue flights and of course they didn't offer them to me, why would they if they can sell them for £ 300 each? After returning to the UK, I asked them to pay for my new ticket with Ryanair (£ 300 individual). I was offered a refund for my original tickets (£ 180 refund)

The wording of the law is given below. It says you should be able to receive a satisfactory refund or route change. Of course, I want them to provide a routing (or a cost to cover this)

Do I have any legal rights if I have to file a lawsuit against them? I was under the impression that airlines were legally obligated to buy you tickets (from your rivals) if they canceled flights of numerous stories I have read before or is it just the case that you were denied boarding?


https://eur ancla/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0261&from=FR

(12) The problems and inconveniences for passengers caused by flight cancellation should also be reduced. This should be accomplished by inducing carriers to inform passengers of cancellations before the scheduled departure time and, in addition, to offer them a reasonable route change, so that passengers can make other arrangements. Airlines must compensate passengers if they do not, except when cancellation occurs in extraordinary circumstances that could not have been avoided even if all reasonable steps had been taken.

(13) Passengers whose flights are canceled should be able to get their tickets reimbursed or obtain a new route in satisfactory condition, and should receive adequate care while waiting for a subsequent flight.