FlyerTalk Forums - View Single Post - Dusseldorf Region Court: EW must rebook passengers on other airlines
Old Sep 6, 2019, 10:29 am
  #5  
MSPeconomist
A FlyerTalk Posting Legend
 
Join Date: Sep 2009
Location: Minneapolis: DL DM charter 2.3MM
Programs: A3*Gold, SPG Plat, HyattDiamond, MarriottPP, LHW exAccess, ICI, Raffles Amb, NW PE MM, TWA Gold MM
Posts: 100,369
Originally Posted by SK AAR
Art. 8
The issue is here what "under comparable transport conditions" means - airlines construe it as meaning their own flights, i.e. you need to be rebooked to their own flights at the earliest opportunity.



No, "subject to available seats" means that the same booking class needs to be available. If in Economy, you can't insist on being rebooked to a later day where e.g. J/C seats are available but no economy seats. In practice, airlines construe it as the same booking class needs to be available, i.e. of you are in L class, L class needs to be available for the flight you wish to rebooked to.
"Comparable conditions" seems to imply the same cabin (so the airline doesn't have to rebook a coach passenger into a business class seat) and the same number of connections (with similar connection times). One could argue that a full service airline couldn't force a customer to accept a rebooking onto an ULCC.
MSPeconomist is offline