EC Regulation 261/2004 and Adria Airways
Mar 3, 2015, 11:09 am
#1
Original Poster
Join Date: Mar 2015
Posts: 8
EC Regulation 261/2004 and Adria Airways
Hello,
does anyone know if Adria Airways every comply with the flight delay regulation 261/2004?
We were supposed to fly from Ljublijana to Copenhagen on the 8th of february with flight JP510, set to arrive 20:40. Upon arrival to the airport, we were informed that there was a "slight schedule change", forcing us to fly first to Amsterdam, and then onwards to Copenhagen, with a final arrival at 23:22.
Our boarding passes read "JP498", instead of the original JP510. From what I gather, JP510 was thus cancelled, and we instead had to board JP498. Instead of admitting that this was a cancellation and subsequent rerouting, they've tried passing it off as a "schedule change".
Considering the fact that there IS a normal flight of JP498 that traffics Ljublijana-Amsterdam, as well as a normal flight JP510 that traffics Ljublijana-Copenhagen, this could hardly be construed as anything else than a cancellation. Adria Airways however, are claiming that it is a delay, and as such the delay is 38 min short of a delay compensation right.
This cannot hold water in any court in Europe? An airline should hardly be able to pass off a cancellation and subsequent rerouting by calling it a "schedule change"?
does anyone know if Adria Airways every comply with the flight delay regulation 261/2004?
We were supposed to fly from Ljublijana to Copenhagen on the 8th of february with flight JP510, set to arrive 20:40. Upon arrival to the airport, we were informed that there was a "slight schedule change", forcing us to fly first to Amsterdam, and then onwards to Copenhagen, with a final arrival at 23:22.
Our boarding passes read "JP498", instead of the original JP510. From what I gather, JP510 was thus cancelled, and we instead had to board JP498. Instead of admitting that this was a cancellation and subsequent rerouting, they've tried passing it off as a "schedule change".
Considering the fact that there IS a normal flight of JP498 that traffics Ljublijana-Amsterdam, as well as a normal flight JP510 that traffics Ljublijana-Copenhagen, this could hardly be construed as anything else than a cancellation. Adria Airways however, are claiming that it is a delay, and as such the delay is 38 min short of a delay compensation right.
This cannot hold water in any court in Europe? An airline should hardly be able to pass off a cancellation and subsequent rerouting by calling it a "schedule change"?
Mar 3, 2015, 1:11 pm
#2
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Hello,
does anyone know if Adria Airways every comply with the flight delay regulation 261/2004?
We were supposed to fly from Ljublijana to Copenhagen on the 8th of february with flight JP510, set to arrive 20:40. Upon arrival to the airport, we were informed that there was a "slight schedule change", forcing us to fly first to Amsterdam, and then onwards to Copenhagen, with a final arrival at 23:22.
Our boarding passes read "JP498", instead of the original JP510. From what I gather, JP510 was thus cancelled, and we instead had to board JP498. Instead of admitting that this was a cancellation and subsequent rerouting, they've tried passing it off as a "schedule change".
Considering the fact that there IS a normal flight of JP498 that traffics Ljublijana-Amsterdam, as well as a normal flight JP510 that traffics Ljublijana-Copenhagen, this could hardly be construed as anything else than a cancellation. Adria Airways however, are claiming that it is a delay, and as such the delay is 38 min short of a delay compensation right.
This cannot hold water in any court in Europe? An airline should hardly be able to pass off a cancellation and subsequent rerouting by calling it a "schedule change"?
does anyone know if Adria Airways every comply with the flight delay regulation 261/2004?
We were supposed to fly from Ljublijana to Copenhagen on the 8th of february with flight JP510, set to arrive 20:40. Upon arrival to the airport, we were informed that there was a "slight schedule change", forcing us to fly first to Amsterdam, and then onwards to Copenhagen, with a final arrival at 23:22.
Our boarding passes read "JP498", instead of the original JP510. From what I gather, JP510 was thus cancelled, and we instead had to board JP498. Instead of admitting that this was a cancellation and subsequent rerouting, they've tried passing it off as a "schedule change".
Considering the fact that there IS a normal flight of JP498 that traffics Ljublijana-Amsterdam, as well as a normal flight JP510 that traffics Ljublijana-Copenhagen, this could hardly be construed as anything else than a cancellation. Adria Airways however, are claiming that it is a delay, and as such the delay is 38 min short of a delay compensation right.
This cannot hold water in any court in Europe? An airline should hardly be able to pass off a cancellation and subsequent rerouting by calling it a "schedule change"?
I'm not sure where the delay of 38 mins short of a delay compensation right came from, but LJU-CPH is 1053km according to Great Circle Mapper and a delay of two hours or longer should to be subject to compensation. Whether you will get compensation or not is another matter.
LJU-AMS-CPH is 1611km and you need to be delayed by three hours or longer to be eligible for compensation but it is not the route you had booked to fly.
You may like to check this thread.
http://www.flyertalk.com/forum/lufth...on-merged.html
Also this thread in the BA forum.
http://www.flyertalk.com/forum/briti...61-2004-a.html
P.S. Does JP actually have flights between AMS and CPH? If not, LJU-AMS-CPH instead of LJU-CPH is hardly re-routing.
Last edited by NewbieRunner; Mar 3, 2015 at 1:19 pm
Mar 3, 2015, 2:25 pm
#4
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Mar 3, 2015, 2:27 pm
#5
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I think this will depend on when they made such an announcement: Did this happen close to departure or was advance notice of at least two weeks given? If it happened close to departure then it is irrelevant what they call this.
Mar 3, 2015, 3:30 pm
#8
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"Upon arrival to the airport, we were informed that there was a "slight schedule change", forcing us to fly first to Amsterdam, and then onwards to Copenhagen..."
Mar 22, 2015, 4:13 pm
#10
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Join Date: Mar 2015
Posts: 8
Thank you kindly for your replies, and apologies for the late delay of my response.
We resolved the matter with the airline - it appears the people I first got in touch with at Adria Airways seemed to have misinterpreted the regulation (which in turn made me question my interpretation of it). No wonder though, considering how many clarifications have been required by the court in Luxembourg to this date.
Yes, the delay was informed rather late (later than two weeks in advance), and there was indeed a flight scheduled by Adria Airways LJN-AMS the same day - so it was definitely a matter of cancellation regarding LJN-CPH.
As I said, the matter has been resolved and Adria Airways have honoured their obligations now.
Regards,
Housley
We resolved the matter with the airline - it appears the people I first got in touch with at Adria Airways seemed to have misinterpreted the regulation (which in turn made me question my interpretation of it). No wonder though, considering how many clarifications have been required by the court in Luxembourg to this date.
Yes, the delay was informed rather late (later than two weeks in advance), and there was indeed a flight scheduled by Adria Airways LJN-AMS the same day - so it was definitely a matter of cancellation regarding LJN-CPH.
As I said, the matter has been resolved and Adria Airways have honoured their obligations now.
Regards,
Housley