Originally Posted by
olm022
A non-EU airline cancels the flight to EU. The passenger accepts alternative rebooking. Now the passenger wants an EU airline to both pay the compensation and to refund the ticket that the passenger agreed to. I think I have more chances of clearning an upgrade request on F0A0 flight than you having a positive outcome with your claim.
Code-share for 261/2004 does not matter, what matters is who operates the flight. In your case it was an AC-operated flight. Also, to document the earliest rebooking opportunity you don't need to (re)-issue the ticket. A simple PNR note suffices. Accepting rebooking means accepting new itinerary.
I’m not an airline lawyer, and at the time I had no idea agents could write specific notes into the PNR. What I did make very clear - and what the agent acknowledged himself - was that the rebooking offered for Friday wasn’t going to work due to a prior international commitment.
I told him explicitly that it didn’t work for us, and that we would not cancel the booking, as Lufthansa remained responsible for timely rerouting. I also said he could go ahead and issue the rebooking (or leave it open - I left it up to him) so that we would have documentation of what Lufthansa considered the "earliest available" option.
During that same call - which I know was recorded - I also stated clearly that we would be arranging our own transportation and would be submitting all costs to Lufthansa for reimbursement under EC261.