EC 261 refund: marketing vs operating carrier

EC 261 refund: marketing vs operating carrier - Rocket booster assembly in space center

Let's a assume a flight from the US to Europe with two legs: A transatlantic and a short connection inside the EU. The ticket is sold and the transatlantic is operated by the marketing carrier, say Lufthansa. The connection is on a different operating carrier, let's say Aegean.

Now Aegean cancels the connection and the whole itinerary becomes unviable. Who would be required to issue a refund and who should the passenger contact? Looking at the letter of the law it would the "operating carrier" which is Aegean in this case. However, Lufthansa has the customers money and owns the itinerary. In a more complex itinerary involving multiple airlines, only the marketing carrier would be able to untangle the individual fares of the different airlines.

Let's say that the ticket was $1100: $1000 for the transatlantic and $100 for the connection. If Aegean is liable they need to come up with $1100 even though the value of what they sold is only $100. Lufthansa has the $1000 but they haven't done anything wrong, since they didn't cancel anything.

How is this supposed to work?



Best Answer

That should be an issue between the airlines, and spelled out in the contract they made with each other. It could be anything - whatever they decided to contract on.

Either way, it should not be your problem - whoever took your money is responsible for fulfilling the contract with you - or pay it back.




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What is an operating carrier?

More Definitions of Operating Carrier Operating Carrier means the party having operational control of an aircraft used for a given segment of Code Share Service. Sample 1Sample 2. Operating Carrier means the air carrier having operational control of an aircraft used for a given Codeshared Flight.

What is a marketing carrier?

Marketing Carrier means the Carrier that markets and sells the seats and places its Code on the flight operated by the Operating Carrier. Marketing Carrier means, with respect to a Codeshare Flight, the Party who sells transportation in its own name and places its code on such Flight operated by the Operating Carrier.

Can I cancel a flight and get a refund?

Cancelled Flight \u2013 A consumer is entitled to a refund if the airline cancelled a flight, regardless of the reason, and the consumer chooses not to travel.

What is EU261 disruption compensation?

EC Regulation 261/2001 is an EU regulation. It protects passengers who've suffered a flight delay, cancellation or been denied boarding due to overbooking. Under this legislation, if your flight's eligible, an airline can pay up to $700 in compensation.



Nationwide flight cancellations wreak havoc for travelers




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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