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Old Jul 18, 2024 | 10:53 pm
  #16  
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Originally Posted by xliioper
I read the actual case ruling that they linked and it seems to deal with flights flown by carriers for "tour operators". It's not entirely clear to me that it is applicable to this case.
Maybe not, but your statement suggested that it was clear to you:

Since flight is in Sept, EC261 doesn't apply here.
Do you now concede that EC261 *might* apply, and that the OP should at least look into it further?

ETA: If I was the OP, I would brush up on some EC261 cases and prepare a basic legal argument to fall back upon in the event the "schedule conflict" argument doesn't fly. While I realize that AA often (i.e. moreso than many other companies) litigates over trivial matters, I'd be somewhat surprised if they wanted to take up a battle against the OP over a cost to them which can't be much more than $50.


Last edited by moondog; Jul 18, 2024 at 11:28 pm
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Old Jul 19, 2024 | 2:26 am
  #17  
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Originally Posted by smartytravel
LOL. 3 hours is a massive change. 30 minutes is not a significant change but everything beyond this is not acceptable.

I don't care about the one sided anti-consumer rules the airline monopoly sets forth. The OP should politely request a refund first.

If polite doesn't work, the OP may still have work obligations 3 hours earlier so an escalation might be needed.
No offense meant here, but on domestic flights a delay of 3 hours is a blip on the radar. It will generally get you nothing if you complain. The four hour rule is pretty clearly spelled out. So while you may not care about the rules, that is what you agree to when you buy your ticket - caveat emptor.

This thread can go around and around about what the OP can get, will get, or should get. But I agree, the only way to know for sure is to call and politely ask.



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Old Jul 19, 2024 | 3:12 am
  #18  
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Originally Posted by WannaTheater
No offense meant here, but on domestic flights a delay of 3 hours is a blip on the radar. It will generally get you nothing if you complain. The four hour rule is pretty clearly spelled out. So while you may not care about the rules, that is what you agree to when you buy your ticket - caveat emptor.

This thread can go around and around about what the OP can get, will get, or should get. But I agree, the only way to know for sure is to call and politely ask.
Sure, I've come to expect ~3 hour delays as a normal contingency, and I pad my schedule accordingly, but in this case we're talking about moving the flight forward by 3 hours. The time before flights is often a variable that we can control ---> we can schedule other events/meetings.
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Old Jul 19, 2024 | 3:34 am
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Originally Posted by moondog
Sure, I've come to expect ~3 hour delays as a normal contingency, and I pad my schedule accordingly, but in this case we're talking about moving the flight forward by 3 hours. The time before flights is often a variable that we can control ---> we can schedule other events/meetings.
Agreed. But lets also not ignore the fact that OP is not actually in a situation where he/she did have a scheduled meeting/wedding/funeral that his attendance is mandatary, and this schedule change in turning OPs world upside down. OP is trying to get the 4 hour rule bent to save some money on a cheaper fare. The but what if game can be easily overturned by simply pointing to the 4 hour rule.

That being said. Hopefully it works out for the OP.
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Old Jul 19, 2024 | 4:34 am
  #20  
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Originally Posted by WannaTheater
Agreed. But lets also not ignore the fact that OP is not actually in a situation where he/she did have a scheduled meeting/wedding/funeral that his attendance is mandatary, and this schedule change in turning OPs world upside down. OP is trying to get the 4 hour rule bent to save some money on a cheaper fare. The but what if game can be easily overturned by simply pointing to the 4 hour rule.

That being said. Hopefully it works out for the OP.
Whether or not the OP has an actual schedule conflict isn't really anyone's business. He is free to present his case to the airline in whatever manner he sees fit (I highly doubt AA will press him for a "doctor's note"). If he wants to increase his odds of success, leaning on the schedule conflict (supplemented by whatever legal arguments he comes up with as a foundation) may well be the most efficacious course of action.
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Old Jul 19, 2024 | 4:51 am
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Originally Posted by moondog
He is free to present his case to the airline in whatever manner he sees fit
No judgement meant, but reading between the lines. Lie. 🙂

The low cost of Basic Economy comes with stringent rules. IMHO, any agent would be in their right to say Sorry, based on the fare you purchased, you are not entitled to a refund. Hopefully for the OP, it will not come down to this. This is exactly why I never purchase Basic Economy tickets.
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Old Jul 19, 2024 | 7:51 am
  #22  
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Just to clarify, EU 261 applies to any flight departing from any airport in any country falling under the jurisdiction of said regulation. No matter where the carrier is from or what is in their T&Cs. Which part of EU261 applies to a flight change depends on the circumstances (reason, 14 day threshold and so on). But the flight is covered no matter what.
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Old Jul 19, 2024 | 9:34 am
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Originally Posted by xliioper
I read the actual case ruling that they linked and it seems to deal with flights flown by carriers for "tour operators". It's not entirely clear to me that it is applicable to this case.
At least one of the decisions says that a schedule change that moves a flight one hour earlier is a cancellation within the meaning of the EU261 ("Article 2(l) and Article 5(1) of Regulation No 261/2004 must be interpreted as meaning that a flight is regarded as having been cancelled in the case where the operating air carrier brings that flight forward by more than one hour"). Those articles apply to all cancellations, not just cancellations within 14 days. (https://eur-lex.europa.eu/legal-cont...X%3A32004R0261)

One of the obligations in a case of cancellation is offering rerouting or a refund:Article 5

Cancellation

1. 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.

2. When passengers are informed of the cancellation, an explanation shall be given concerning possible alternative transport.

3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.
-----------------------Article 8

Right to reimbursement or re-routing

1. Where reference is made to this Article, passengers 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.

2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC.

3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.



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Old Jul 29, 2024 | 11:18 am
  #24  
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Update:
My understanding is that as the schedule change is signifcant (3+ hours), EU rules say I am entitled to a refund (as one option). Not compensation,

I called AA twice. Each time I was told that as the itinerary originates in US, EU rules don't apply.
Surely this is incorrect - the schedule change is for the ex-EU leg, and my understanding is that EU rules apply to all ex-EU flights, whether or not it is an EU airline?
Note - at this point, the aspect of potentially cheaper alternate flight no longer apaplies.

Last edited by Wexflyer; Jul 29, 2024 at 11:30 am
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Old Jul 30, 2024 | 12:04 pm
  #25  
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Originally Posted by WannaTheater
No offense meant here, but on domestic flights a delay of 3 hours is a blip on the radar. It will generally get you nothing if you complain. The four hour rule is pretty clearly spelled out. So while you may not care about the rules, that is what you agree to when you buy your ticket - caveat emptor.

This thread can go around and around about what the OP can get, will get, or should get. But I agree, the only way to know for sure is to call and politely ask.
The rules in Europe - legal rules - are that a change to more than an hour earlier is considered a cancelation, triggering a right to a full refund.
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Old Jul 30, 2024 | 12:08 pm
  #26  
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Originally Posted by xliioper
I read the actual case ruling that they linked and it seems to deal with flights flown by carriers for "tour operators". It's not entirely clear to me that it is applicable to this case.
EU regulations apply to all operators of flights ex-EU
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Old Jul 30, 2024 | 2:29 pm
  #27  
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Originally Posted by WannaTheater
Agreed. But lets also not ignore the fact that OP is not actually in a situation where he/she did have a scheduled meeting/wedding/funeral that his attendance is mandatary, and this schedule change in turning OPs world upside down. OP is trying to get the 4 hour rule bent to save some money on a cheaper fare. The but what if game can be easily overturned by simply pointing to the 4 hour rule.

That being said. Hopefully it works out for the OP.
Actually, it would be very difficult for me to make the rescheduled flight time - have to travel from other part of Ireland to Dublin. That fares might be cheaper was an unanticipated icing on the cake.
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Old Jul 30, 2024 | 6:51 pm
  #28  
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Isn't there an earlier connecting flight out of DFW or, for that matter, a later flight out of DUB? A six hour connection in DFW to go to SAN seems extreme. Surely, there are a number of flights throughout the day from DFW to SAN. Just do your research and ask for a better connection. Since it was an AA schedule change, they will change your flights to a better connection if available.
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Old Aug 3, 2024 | 11:29 am
  #29  
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Originally Posted by Wexflyer
Actually, it would be very difficult for me to make the rescheduled flight time - have to travel from other part of Ireland to Dublin. That fares might be cheaper was an unanticipated icing on the cake.
So although it would be very difficult to make the rescheduled flight, you still definitely would rebook it at a lower price?
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