FlyerTalk Forums - View Single Post - Official LGW Routes Axed: ABZ, NCE, PRG, KEF, SPU
Old Nov 30, 2007, 10:54 am
  #31  
Alvador
 
Join Date: Mar 2006
Location: Edinburgh, Scotland
Programs: BA bronze
Posts: 432
Originally Posted by Bukhara
Legal rights are, regrettably, minimal. You have been given sufficient notice to render the EU Directive irrelevant and BA would offer you a refund of the cancelled flights.



This is not correct!

Under European Regulation No 261/2004
http://europa.eu/eur-lex/pri/en/oj/d...en00010007.pdf

When a flight is cancelled:


The passenger shall be offered the choice between
(a) — reimbursement within seven days, by the means
provided for in Article 7(3), of the full cost of the ticket
at the price at which it was bought, for the part or
parts of the journey not made, and for the part or parts
already made if the flight is no longer serving any
purpose in relation to the passenger's original travel
plan, together with, when relevant,
— a return flight to the first point of departure, at the
earliest opportunity;
(b) re-routing, under comparable transport conditions, to their
final destination at the earliest opportunity; or
(c) re-routing, under comparable transport conditions, to their
final destination at a later date at the passenger's convenience,
subject to availability of seats.
and

‘cancellation’ means the non-operation of a flight which
was previously planned and on which at least one place
was reserved.
The amount of notice of the cancellation given by the airline is irrelevant as far as the right to re-routing is concerned.


Under the EU Regulation the amount of notice affects only how much financial compensation is due to the passenger over and above the passenger's choice of rerouting or refund of the fare.

Compensation of between 125 and 600 Euros may be due but only if the passenger has been given less than 2 weeks notice of the cancellation

(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.
Article 7
Right to compensation
1. Where reference is made to this Article, passengers shall
receive compensation amounting to:
(a) EUR 250 for all flights of 1 500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than
1 500 kilometres, and for all other flights between 1 500
and 3 500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the..............................................
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