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Does anyone know for certain the answer to the following? I’ve been re-reading the forums here, and Googling, and reading various judgments (eg Sturgeon, Nelson) but I’m struggling to be sure of a definitive answer.
A long-haul direct flight is cancelled by the operating airline, well in advance, more than 14 days out (so no cancellation compensation due). The cancellation is a business/operational decision – no extraordinary circumstances.
A re-route is offered on another airline, but this doubles the journey time, adds several stops, and arrives 9 hours later than the original flight.
Does UK261 delay compensation apply here?
As an aside (not that it should affect the answer, I think), there are other options that are much closer to the original schedule but the airline refuses to offer re-route on those.
I can see that delay compensation would apply if the replacement flight was itself significantly delayed. And also (I think…) for late arrival (compared to original schedule, even if the replacement flight is on-time) where the cancellation occurs within two weeks. But I’m not certain whether a perfectly on-time replacement flight, that has been booked well over two weeks in advance, but nonetheless arrives many hours later than the cancelled flight would have done, attracts delay compensation.
Logically I would have thought it should – otherwise what’s to stop an airline just going for the cheapest or best-for-them re-route option even if that means a 20, 30, 40… hour extended journey time for the passenger. But I’m not sure the law actually says that…
Does anyone know for certain either way? Thanks.
As you state you’ve been given more than 14 days clear notice then no compensation is due.
And once you’ve accepted the re-route so far in advance only a delay on the new flight can get delay compensation.
But it’s hard to give specific advice on entitlements and an airlines willingness to reroute without knowing (a) the airline and (b) the route.
As @ChrisC says, it is definite that you would not be entitled to EC/UK261 for the reroute, even if that leads to a much longer journey and delayed arrival.
However, you aren’t obliged to accept the reroute if it is manifestly unreasonable. The EC guidelines state:-
— reasonable efforts are to be made to avoid additional connections,
— when using another air carrier or an alternative mode of transport for the part of the journey not completed as planned, the total travel time should, if possible, be as reasonably close as possible to the scheduled travel time of the original journey in the same or higher class of carriage if necessary,
— if several flights are available with comparable timings, passengers having the right to re-routing should accept the offer of re-routing made by the carrier, including on those air carriers cooperating with the operating carrier.Your post suggests the airline isn’t complying with the above, but it is only guidance rather than law, thus difficult to enforce, so all you can really do is to press them to offer a better routing.
Thanks @ChrisC, @JDB. It’s really just an in-principle question for now – deliberately not naming names just yet 😉 But it’s a UK airline. They have offered a re-route, just not a very good one, and there are better options available (but not offered), more in keeping with the guidelines. I haven’t accepted it yet, but (ironically) if delay compensation were applicable, I might be more inclined to do so rather than push hard for the next available flight / re-route at earliest opportunity.
@Jon it’s also worth looking at the CAA’s rerouting guidelines published last year. If you Google CAP2155 it should come up. Unfortunately none of this stuff cuts much ice with any airline but it’s still best to know your rights/where you stand and to have alternative routings that suit you to propose to the airline. It’s really a question of being armed with the facts and pushing for the best you can get unless you wish to litigate.
@JDB Already done 😉 I have quoted relevant bits back to the airline in the hope they might reconsider (or if not, maybe I’ll send a note to the CMA further to their recent letter, to assist them with their evidence collection 😉
Interestingly, even on the route and carrier they’ve offered, there is an option with a shorter connection time and hence earlier arrival, but it’s more expensive – so evidently they’re seeking to minimise the cost to themselves rather than the inconvenience to me…
Airlines don’t pay each other the same rate as a passenger cash fare so it being more expensive isn’t an issue.
The issue is that the other airline apparently isn’t making seats availabile on the earlier flight to BA. And BA can’t force them too.
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