FlyerTalk Forums - View Single Post - Switched from Lufthansa to Eurowings Discover (4Y) w/o notification
Old Jan 9, 2023 | 2:42 pm
  #28  
hugolover
FlyerTalk Evangelist
 
Join Date: Oct 2008
Posts: 11,592
LH swapped for EW then EW wetlease operated by BT, Court held the pax were due a full refund as the change amounted to a cancellation under EC261/2004.
https://www.drboese.de/blog/ag-erdin...ur-erstattung/

Most interesting:
"The court affirmed a claim for reimbursement, as there was a cancellation within the meaning of Article 2 lit. l of Regulation 261/2004/EC (Passenger Rights Regulation). The court affirmed this with regard to the flight number, the new seat allocation and the different departure terminal at Munich Airport. The court does not consider the submitted disadvantages in terms of catering, separation of the business class cabin and the washrooms to be relevant in the context of the question of whether a cancellation has occurred. That would only have been important in the context of a contractual right of withdrawal."

As its considered a cancellation, that would also give rights to re-routing under Article 8 at the earliest opportunity or at a later date of pax's choosing.

LH not got a leg to stand on. Duh.

Would be interesting if there is an obligation also where there is a wet-lease, at least under DE contract law.
hugolover is offline