FlyerTalk Forums - View Single Post - EU 261 definition of scheduled arrival time
Old Aug 13, 2018, 2:30 am
  #12  
SK AAR
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Join Date: Nov 2004
Location: Denmark
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Originally Posted by robcmorgan
) So it seems a simple case of the airline failing to deliver on the contract made at the point I bought a ticket.
No, you were notified of the schedule change well in advance of your travel date - did you react/complain to EasyJet/request to cancel and refund ticket because the schedule change didn't suit you? Most likely you didn't react to the notification of the schedule change, i.e. it was accepted from your end. Then you cannot invoke an involuntary schedule change 1 month later. I can assure you that EC Reg. 261/04 can't be invoked in this situation.

However, I agree with you on the point that technically art. 5 about cancellation does not apply to schedule changes, but in reality the airlines can't circumvent the law on delay (which is derived from EC case law rather than EC regulation itself) by notifying you of schedule change shortly before departure when in reality it is a delayed departure. But where to draw the thin line allowing the airlines to notify a schedule change is difficult to predict.
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