FlyerTalk Forums - View Single Post - F from BHX - chance of aircraft substituion?
Old Aug 29, 2015, 4:43 am
  #22  
subject2load
 
Join Date: Sep 2013
Programs: BAEC Gold, EK Skywards (enhanced Blue !), Oman Air Sindbad Gold
Posts: 6,399
Originally Posted by eternaltransit
EU261/2004 regulations would apply: you would be entitled to 75% of the fare paid (actual cash spent). Of course, it is not entirely that simple!

The regulations are not clear about the basis of "fare paid". Now, this is where EK will claim it's 75% of the allocated cost for that sector (a calculation they might make by taking half the cost of the outbound fare, or, as I have seen, calculating a per kilometer cost and applying it pro-rata). Most claimants put forward the argument that it's based on the whole fare paid, not on the pro-rated costs.

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Therein lies the issue of course - ie the lack of clarity, and the fact that carriers will - not surprisingly - follow the pro-rata line until established legal precedent forces their hand.

If I could be confident that the "fare paid" principle would definitely apply .....and I were faced with the choice of either F travel throughout from, say, UK to Asia/Australasia OR a enforced drop to J for the short initial sector only, in return for a 75% refund of the total cash paid ......hmm ........think I know which I'd choose

Last edited by subject2load; Aug 29, 2015 at 4:48 am
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