Originally Posted by
SavvyTravel
Advice wanted please. This is about an Air France trip so not BA (and if moves, that’s fine of course). However, I believe it would be relevant to the BA community as I raise a question about how EC261 relates to an international trip ending in the U.K.
in short I believe we can claim compensation for the outbound and inbound trips but see the three questions below.
The outbound CDG to TNR (Madagascar) was rerouted ten hours into the flight. It landed in RUN and we eventually arrived in TNR 36 hours later than booked. Note that the aircraft continued RUN to TNR, landing 0225, about four hours late. But with no passengers! ((I am sure that AF will claim extraordinary events, as it was protests in the city but surely that case is void because the plane did get there?)). Q1 is this a fair claim under EC261?
Some context would be useful. Were other airlines still running flights at TNR? Was the airport still open to passengers? If the answer to both questions is yes, and the part-cancellation was out of an (over)abudance of caution then you arguably have a claim. You would also have a claim if there were quicker ways of getting you to TNR which AF refused to rebook you on - were there?
Originally Posted by
SavvyTravel
Our replacement Flight RUN TNR was booked for us but in Y not J so Q2 can we additionally claim for involuntary downgrade?
Yes, although the amount you'll get will likely be quite small. In my view you should get downgrade reimbusement at the long haul 75% rate if you weren't booked to change aircraft (since you were legitimately expecting a long-haul business product). However, in a previous case I brought, CEDR held that the rate applicable to the affected distance applies - i.e. 30% for a short leg like RUN-TNR. Of course they're not a Court and it's not a binding decision (another adjudicator or ADR scheme might decide otherwise) but it gives you an indication of the issues you might face.
Originally Posted by
SavvyTravel
Our return flight AF935 was cancelled two days before departure. The replacement offered would have got us back to the U.K. a day late so we chose an earlier flight back - we left the day before the booked flight and arrived back at LHR 6 hours earlier than that would have done. ((note our CDG LHR AF flight was also cancelled while we were mid air so they put us on the first BA flight … sadly but not one of our bags!!))
Q3 Can we still claim under EC261 even though our flight was from a non EU country to the U.K and even though we arrived back earlier than booked? (Of course we lost a day of our trip and cancelled a tour that day)
Before we file the claim is there anything we should or shouldn’t do?
Yes on both counts. Your claim is under UK261 rather than EU261 - since this is a non-EU to non-EU journey, which is
not covered by EU261. Of course this relies on the return cancellation being for a non-exceptional reason.
A rebooked departure time that's more than 1 hour earlier qualifies you for full compensation even if you arrive early -
WZ v Austrian refers. AF may not be willing to pay that and may, like BA, wrongly halve compensation in such cases. I've had success on a CEDR claim against BA in such circumstances, however AF use AviationADR who I don't like. Their adjudicators came to two completely opposite decisions for two pax on the same flight - the airline lost the hearing when I took it to MCOL.