Compensation for cancelled flight - comparable means of transportation
I have bought a ticket from Czech Airlines from Athens to Prague. My flight was cancelled about three weeks before its due departure. The Airline offered to give the money for the tickets back or to go via Paris to Prague. According to this site I am entitled to comparable alternative means of transportation.
I am arguing with the airline that the flight via Paris cannot be considered comparable and indeed it would put a lot of strain on our daughter who is only one and a half year old. I am willing to accept a flight to Munich, for it is about the same distance from our final destination in Germany and there are direct flights from Athens.
The airline now offered us a direct flight from Thessaloniki which is a five hour drive from Athens, so I turned it down.
My question is now: am I right in claiming that an indirect flight cannot be considered comparable? And: is the airlines offer of a direct flight from Thessaloniki a sign for me being right.
Best Answer
Your right to be re-routed under "comparable transport conditions" stems from EC Regulation 261/2004 Article 8 (1), b or c.
Article 8
Right to reimbursement or re-routing
- Where reference is made to this Article, passengers shall be offered the choice between:
(a) [...]
(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or
(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32004R0261
However the meaning of the words "comparable transport conditions" is not clarified in the Regulation and, to my knowledge, has never been defined by a court of record invited to adjudicate on it. It's a bit hard to prove a negative, so if anyone else can suggest a relevant case I'm happy to amend this answer. I just did a text search on the ECJ case law on 261/2004.
I can suggest you keep pushing the airline but until a court rules otherwise the reroute via Paris is good enough for their position.
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What compensation can I get if my flight is Cancelled?
The airline legally has to give you all of the following: a full refund for the flight. a full refund for other flights from the airline that you won't use in the same booking, eg an onward or return flight. if you're part-way through a journey, a flight back to the airport you originally departed from.What is an airlines obligation if they cancel your flight?
But in a routine cancellation, you have two basic contractual rights on any airline, subject to minor variations: either (1) a seat on your original airline's next available flight, or (2) a refund for the unused portion of your ticket. Some airlines go beyond those bare-bones rights.Are airlines required to compensate customers for flight delays cancellations?
In the United States, airlines are not required to compensate passengers when flights are delayed or cancelled. Compensation is required by U.S. law only when certain passengers are \u201cbumped\u201d from a flight that is oversold.What happens if an airline refuses to pay compensation?
In the event an airline refuses to acknowledge your claim, you need to seek legal advice or file a complaint with the airport's authority. However, you need to understand the reasons for the denial of the claim. Sometimes the extraordinary circumstances are legitimate.Martin Lewis Explains How Flight Compensation Works | This Morning
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
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