FlyerTalk Forums - View Single Post - Award booking with schedule change and no help from SK
Old Aug 16, 2018, 3:24 am
  #5  
fassy
 
Join Date: Sep 2012
Location: AGH
Posts: 5,979
Originally Posted by SK AAR
The issue is that EC reg. 261/04 applies to the operating carrier - strictly speaking the obligation to rebook does not rest with the issuing carrier.
True, did not think about this.

Originally Posted by SK AAR
There is no doubt that "subject to availability of seats" in the EC 261/04 regulation in this context means that X or I class needs to be available to get rebooked for a later date. Of course the pax can not ask to be rebooked to a later date (say to travel in high season in the summer or around Christmas) if there are no award seats available. However, the other option "at earliest opportunity" does not require award seats being available to get rebooked (at least in principle).
Hmmm, no - there is a lot of interpretation which can be done here on "subject to availability of seats". For me (and some friends which are lawyers) means exactly that, a free seat in the booked cabin class. Not in the same booking class. Otherwise they would not rebook you either if e.g. booking class K is not more available and they can only offer e.g. Y. That has never been a problem for me and I would challenge EuroBonus on that. They sold you the ticket, accepting the form of payment provided and issues the ticket accordingly. Now they have to fix it. One way or the other. But bailing out and only offering refund would not be acceptable for me. Ask them to be put on their own metal to MCO. Should be in their own best interests and even cheaper than having you rebooked via a *A partner.
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