Quote:
Originally Posted by Dave_C
I thought, from the other side of the fence, that's what all the challenges people from Diamond Club have been having with changes to star alliance rewards made in the final days of the DC's existence? With all the schedule changes, BA are now left holding the baby without availability and are responsible for rebooking people?
It's either up to the home mileage programme i.e. M&M in this instance, with whom there's a contract and Diamond Club / Exec Club for the people on the BMI forum. Or instead the operating carriers as you seem to be suggesting?
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Dave C, you need to read the regulations, I have saved you the trouble of reading the whole lot, but extracting some parts of it.
EU261/2004
‘operating air carrier’ means an air carrier that performs or
intends to perform a flight under a contract with a
passenger or on behalf of another person, legal or natural,
having a contract with that passenger;
Article 5
Cancellation
1. In case of cancellation of a flight, the passengers
concerned shall:
(a) be offered assistance by the operating air carrier in accordance
with Article 8; and
(b) be offered assistance by the operating air carrier in accordance
with Article 9(1)(a) and 9(2), as well as, in event of rerouting
when the reasonably expected time of departure of
the new flight is at least the day after the departure as it
was planned for the cancelled flight, the assistance specified
in Article 9(1)(b) and 9(1)(c); and
(c) have the right to compensation by the operating air carrier
in accordance with Article 7, unless:
(i) they are informed of the cancellation at least two
weeks before the scheduled time of departure; or
(ii) they are informed of the cancellation between two
weeks and seven days before the scheduled time of
departure and are offered re-routing, allowing them to
depart no more than two hours before the scheduled
time of departure and to reach their final destination
less than four hours after the scheduled time of arrival;
or
(iii) they are informed of the cancellation less than seven
days before the scheduled time of departure and are
offered re-routing, allowing them to depart no more
than one hour before the scheduled time of departure
and to reach their final destination less than two hours
after the scheduled time of arrival.
2. When passengers are informed of the cancellation, an
explanation shall be given concerning possible alternative transport.
3. An operating air carrier shall not be obliged to pay
compensation in accordance with Article 7, if it can prove that
the cancellation is caused by extraordinary circumstances
which could not have been avoided even if all reasonable
measures had been taken.
4. The burden of proof concerning the questions as to
whether and when the passenger has been informed of the
cancellation of the flight shall rest with the operating air
carrier.
Article 8
Right to reimbursement or re-routing
1. Where reference is made to this Article, passengers shall
be offered the choice between:
(a) — reimbursement within seven days, by the means
provided for in Article 7(3), of the full cost of the ticket
at the price at which it was bought, for the part or
parts of the journey not made, and for the part or parts
already made if the flight is no longer serving any
purpose in relation to the passenger's original travel
plan, together with, when relevant,
— a return flight to the first point of departure, at the
earliest opportunity;
(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.
2. Paragraph 1(a) shall also apply to passengers whose
flights form part of a package, except for the right to reimbursement
where such right arises under Directive 90/314/EEC.
3. When, in the case where a town, city or region is served
by several airports, an operating air carrier offers a passenger a
flight to an airport alternative to that for which the booking
was made, the operating air carrier shall bear the cost of transferring
the passenger from that alternative airport either to that
for which the booking was made, or to another close-by destination
agreed with the passenger.
Article 9
Right to care
1. Where reference is made to this Article, passengers shall
be offered free of charge:
(a) meals and refreshments in a reasonable relation to the
waiting time;
(b) hotel accommodation in cases
— where a stay of one or more nights becomes necessary,
or
— where a stay additional to that intended by the
passenger becomes necessary;
(c) transport between the airport and place of accommodation
(hotel or other).
2. In addition, passengers shall be offered free of charge two
telephone calls, telex or fax messages, or e-mails.
3. In applying this Article, the operating air carrier shall pay
particular attention to the needs of persons with reduced mobility
and any persons accompanying them, as well as to the
needs of unaccompanied children.
