My family was supposed to fly back on an LH-issued ticket from
YUL to XXX (YUL–FRA–XXX), with flights
marketed by Lufthansa and operated by
AC and EN.
Anticipating a possible cancellation, I contacted Lufthansa on three separate occasions to proactively rebook. I explained that my family has another international trip scheduled for Thursday, and we really needed to fly earlier before everything sold out. Unfortunately, no one was willing to help in advance - we were told to wait.
Tonight, the first leg AC846 (YUL–FRA) was officially cancelled. Lufthansa offered the earliest available rebooking for Friday departure (via AF, LH and EN), Saturday arrival - far too late to be useful. We even encouraged a booking originating in YYZ (there was availability on TK and LO). It was expensive, but available for tomorrow. Lufthansa refused that, too.
On the phone, I was very clear:
- I told the agent that the rebooking would not work for us.
- He offered a refund, but I refused - stating that it was Lufthansa’s responsibility to rebook, not mine.
- I said "either leave the ticket open or rebook - up to you", but I emphasized that this solution did not meet our needs.
- I also told him to go ahead and issue the ticket only so I’d have documented proof that this was the "earliest" option Lufthansa was offering, since I expected to seek reimbursement for alternate arrangements.
I then independently booked the last seats on a YYZ–WAW–XXX LOT itinerary for Tuesday (the earliest possible I was able to snag miraculously). They will drive to Toronto, and they will be on their way home.
My questions:
- How do I press Lufthansa to issue EC261 compensation? The flight was marketed by LH, departing outside the EU, but operated by Air Canada. What case law or ECJ rulings should I cite to support eligibility?
- How do I get reimbursed for the LOT ticket (YYZ–WAW–XXX)? I understand EC261 Article 8 gives me that right if LH fails to rebook in time. What's the best way to word that in a claim to maximize chances of success?
- What should I do about the rebooking they issued for Friday? I explicitly said it wouldn't work, but let them issue it to document Lufthansa’s position. I didn’t cancel, but I also clearly didn’t accept it.
I think case C‑367/20 (SP v KLM Royal Dutch Airlines) is relevant here. This judgment confirms that EC261 applies even when the disruption occurs on a non‑EU-operated leg, provided that it's part of a single reservation in which an EU carrier is responsible for one leg.