FlyerTalk Forums - View Single Post - Have BA changed the 'Significant Change' from 2hrs to 4hrs
Old Oct 21, 2020, 4:59 pm
  #16  
Often1
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Join Date: Aug 2010
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Originally Posted by funkydrummer
IANAL. EC261 is a HUGE mess. For instance, the law is NOT explicitly saying that a delay of 3+ hours (not caused by extraordinary circumstances) entitles you to compensation. Instead, it was an ECJ ruling from 2009 (?) which declared that such a delay is equivalent to a cancellation with regards to compensation. Even more so, the regulation doesn't even define what is an "extraordinary circumstance", courts had to define that, too. Those are just two examples of the vast incompleteness of that regulation.

It has been left to the courts to decide which schedule changes are to be treated analogously to a cancellation (article 5 covers the latter). My understanding is that a substantial schedule change gives you the rights of article 8 (reimbursement and, if applicable, return to point of origin, re-routing at earliest opportunity, or re-routing at the convenience of the pax) in several countries to which EC261 applies. And article 5 of EC261 gives an orientation as to what is substantial, which is then extrapolated outside the realm of compensation. So some federal courts have ruled that, for example, a -2h schedule change you were informed about, say, 21 days before departure, gives you the right to reimbursement. (Obv, no compensation as you were informed 14+ days in advance.)

EDIT: I guess it's a little more than "my understanding is". I've won cases vs. several airlines in this regard using a lawyer from Berlin. Like, LH, FR, or IB refusing to rebook on another carrier after a schedule change. So I requested a rebooking on another carrier, setting a time limit. They usually don't react or offer an unacceptable change on their own metal. You have to rebook on your own dime and get your money back in court.
But, that is the nature of law in most Rule of Law nations. Legislatures enact law, courts interpret those laws and the decisions of the courts, at least at sufficiently high enough levels, are precedential.

This won't get easier with the passage of time. The UK has adopted the Regulation into its domestic law and "it" will thus survive Brexit. But, once the UK has exited, ECJ precedent won't bind the UK courts. Thus, should the ECJ choose, once again, to define what is an "extraordinary circunmstance," UK courts might well not find that persuasive.
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