FlyerTalk Forums - View Single Post - ORD to GRR leg cancelled on International trip. What are our options
Old Jun 10, 2023 | 3:26 pm
  #42  
jerry a. laska
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Originally Posted by xliioper
Not with 14 day or more advance schedule changes.
Unfortunately the regulation itself only mentions the time limits with regard to whether compensation is due. The regulation with regard to right to care and the right of the passenger to rerouting or refund does not have a time limit.

Cancellation1. In case of cancellation of a flight, the passengers concerned shall:

(a) be offered assistance by the operating air carrier in accordance with Article 8; and

(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:

(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or

(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or

(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
Also see sec. 4.2 of the Interpretative guidelines, which do not restrict the duties of the carrier for a cancellation based upon when the passenger is notified of the cancellation.
https://eur-lex.europa.eu/legal-cont...52016XC0615(01)
Article 8(1) of the Regulation imposes on air carriers the obligation to offer passengers a triple choice, between (i) reimbursement of the ticket price (36) and, in the case of connections, a return flight to the airport of departure at the earliest opportunity, (ii) re-routing to their final destination either at the earliest opportunity or, (iii) re-routing at a later date at the passenger's convenience under comparable transport conditions, subject to availability of seats. As a general principle, when the passenger is informed about the cancellation of the flight and is correctly informed on the available choices, the choice offered to passengers under Article 8(1) is to be made once. In such cases, as soon as the passenger has chosen one of the three options under Article 8(1)(a), (b) or (c), the air carrier no longer has any obligation linked to the other two options. Nonetheless, the obligation to compensation may still apply according to Article 5(1)(c) in connection with Article 7.
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