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Old Oct 23, 2012, 2:23 am
  #1  
yno
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Indefinitely delayed and rebooking policy

Good morning,

trying this morning to fly from RTM to LCY. We get as information that the 7:55 flight is indefinitely delayed... But the "nice" lady at the counter refuses to change the booking as the flight is not cancelled. It is our problem to wait the whole day for a potential take-off, not their problem that one needs to go to work...
After a few phone calls, the flight has been changed at no cost.
However what is the policy in case of indefinite delay and rebooking, and what is the "law"?
Thanks in advance :-)

Last edited by yno; Oct 23, 2012 at 2:38 am Reason: title made a bit clearer
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Old Oct 23, 2012, 2:57 am
  #2  
 
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I haven't got the figures in my head - but I know that EU261/2004 gives you the same rights in cases of more than "n" hours as you would have in cases of cancellation. You'll find a definitive answer in that document.

The issue in your case may well be the fact that it's an indefinite delay - i.e., they don't know yet by how long your flight will be delayed. Looking at the forecast for LCY I can see why they don't know

LONDON/CITY EGLC 230804Z 2309/2318 01004KT 1000 BR BKN001 BECMG 2309/2312 4000 BKN006 PROB40 TEMPO 2312/2318 7000 NSW BKN012

Slow improvement starting at 0900z (that's 1000 UK local time), and a 40% probability of occasional spells of much better visibility in the afternoon. (There are only PROB30s and PROB40s in aviation forecasts. PROB30 means "it may or may not happen". PROB40 means "I think it probably will")

From an operational point I can see why airlines don't want to rebook passengers until they have a better idea of what's going to happen.
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Old Oct 23, 2012, 3:09 am
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The threshold is 5 hours.
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Old Oct 23, 2012, 5:14 am
  #4  
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Does rebooking make any sense in this case? If the destination does not accept flights due to fog, rebooking would not change anything.

I would assume that all flights still go out when the fog has cleared, in the order they would have departed originally. So rebooking to a later flight could possibly even delay your arrival even more?
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Old Oct 23, 2012, 5:41 am
  #5  
 
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Originally Posted by Xandrios
Does rebooking make any sense in this case? If the destination does not accept flights due to fog, rebooking would not change anything.
The OP may have wanted to reschedule his trip for a different day.

Last edited by Aviatrix; Oct 23, 2012 at 8:12 am
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Old Oct 23, 2012, 8:27 am
  #6  
 
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Just thought of another scenario where one would rebook...:

If a flight is delayed for too long airlines will often cancel it - but then run all subsequent flights normally.

This means that those on the later flights get to keep their seats - but those on the cancelled earlier flight will all be fighting over whatever seats are left on those later flights.
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Old Oct 23, 2012, 9:23 am
  #7  
yno
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Rebooking was needed because flying was only possible if one could be at the office early in the morning, Flying later during the day made no sense.
When checking, apparently 3 out of 4 flights were cancelled anyway this morning.

And indeed we wanted to rebook quickly in order to avoid not being able to fly at all in the next 24h
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Old Oct 26, 2012, 4:03 am
  #8  
 
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Originally Posted by yno
Rebooking was needed because flying was only possible if one could be at the office early in the morning, Flying later during the day made no sense.
When checking, apparently 3 out of 4 flights were cancelled anyway this morning.

And indeed we wanted to rebook quickly in order to avoid not being able to fly at all in the next 24h
The Regulation states in the case of delay:

Article 6

1. When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:

(a) for two hours or more in the case of flights of 1500 kilometres or less; or

(b) for three hours or more in the case of all intra-Community flights of more than 1500 kilometres and of all other flights between 1500 and 3500 kilometres; or

(c) for four hours or more in the case of all flights not falling under (a) or (b),

passengers shall be offered by the operating air carrier:

(i) the assistance specified in Article 9(1)(a) and 9(2); and

(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).

2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket.


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;


There may be some legal uncertainty between the reference to the assistance specified in Article 6 under Art 8.1(a) only or whether this should also include the offer to re-route as stated in the first line of Art 8.1 which of course continues with the following options:

(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.


Since the Art 6 reference is so specific to 8.1(a) rather than also including reference to (b) and (c) perhaps one of m'learned colleagues could help to shed some light on this? The point being that I am not sure whether there is a right to re-routing after 5 hours delay or whether the entitlement is to a refund only.
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