corporate-wage-slave

Post 2


Right to care (Article 9 of EC261):

Q1: When does the “right to care” consist of?
A1: The right to care entails:
a) Food and drink: Meals and refreshments “in a reasonable proportion to the waiting time”;
b) Communications: 2 telephone calls, telex or fax messages, or e-mails. In practice, airlines often give passengers a telephone card;
c) Accommodation: hotel accommodation where the passenger is rerouted (or the flight delayed) the next day or later as well as transport to/from the hotel.

Q2: When is it due?
A2: In case of delays, entitled to food and drink and communications arises when the delay is at least two hours for short-haul, 3 hours for medium-haul and 4 hours for long-haul. The Regulation does not state exactly when the duty arises in cases of cancellation or denied boarding but it is not unreasonable to assume that the airline may refuse care assistance under the same thresholds.
For hotel accommodation, in principle, the duty arises whenever an additional overnight stay is required as the result of the denied boarding/cancellation or delay.

Q3: The airline did not offer assistance. What should I do?
A3: If you have asked the airline for assistance and they have denied it in breach of the Regulation, you should keep all receipts and seek reimbursement from the airline’s customer relations service afterwards. In principle, you should however give the airline the opportunity to arrange assistance before making your own arrangements. In practice, BA is reasonably flexible on reimbursing reasonable expenses even if you have not contacted them first, and in many cases this is the only practical way to proceed, particularly if a large aircraft has suddenly "gone technical" at a small out-station late at night.

Q4: The airline has arranged overnight accommodation at a hotel I do not like and would prefer to book another hotel which is better or more convenient for me. Can I do this and get reimbursement from BA?
A4: In principle, no: you have to take what you have been given. You may well think that a Travelodge does not accord well with your First class travel arrangements. However, this is not an issue for EC261. That said, BA does tend to be reasonable here too - and they certainly have agreed to do this for status customers - but it would be wise to confirm with the BA representative that this is OK as this is purely a goodwill/commercial policy issue rather than a legal entitlement.

Q5: Does this also apply in case of cancellation that was notified to me more than 14 days in advance?
A5: While EC261 excludes compensation for cancellations that are notified more than 14 days in advance, there is nothing in its wording to suggest that the right to care does not apply in those situations. That said, a ‘common sense’ approach probably needs to be adopted in determining what the right to care covers here. It is far from clear, in particular, that a passenger could insist on making two phone calls at the expense of the airline. Whether the passenger can charge the airline for meals and refreshments is also debatable (except perhaps where the reschedule results in a long wait between flights at the airport). On the other hand, there is a stronger argument to be made for the airline to be responsible for providing accommodation when the new itinerary requires an additional overnight stay.
There is, in any event, no authoritative interpretation of the Regulation by a superior court of law to rely on here.

Q6: I have decided to abandon my trip or make my own alternative travel arrangements and get my ticket refunded. Can I rely on the right to care?
A6: In principle, no: once you have chosen to get a refund rather than get re-routed, you are ‘on your own’ regarding care arrangements. You may or may not have rights from other sources (such as the Montréal Convention) but EC261 would not apply here.
On the other hand, if the flight on which you are rerouted is further delayed and you decide at that point to cancel and get a refund, you would be entitled to care up to that point, but would have to bear your own costs after the point at which you cancel.