Does EC 261 apply?
Feb 20, 2018, 7:30 am
#1
Original Poster
Join Date: May 2012
Posts: 15
Does EC 261 apply?
Good Afternoon,
I recently flew from Gatwick to Athens via Geneva with Swiss (both sectors) on an award ticket. When I arrived in Geneva, my onward flight to Athens had been cancelled due to a technical fault.
I was accomodated in a hotel overnight and eventually reached Athens 23 hours later.
My question is, does EC 261 apply to my situation, even if this was an award ticket and on Swiss?
If I am entitled to anything, do I have to fill in a form or write to the airline?
Your input is much appreciated
Kind Regards
I recently flew from Gatwick to Athens via Geneva with Swiss (both sectors) on an award ticket. When I arrived in Geneva, my onward flight to Athens had been cancelled due to a technical fault.
I was accomodated in a hotel overnight and eventually reached Athens 23 hours later.
My question is, does EC 261 apply to my situation, even if this was an award ticket and on Swiss?
If I am entitled to anything, do I have to fill in a form or write to the airline?
Your input is much appreciated
Kind Regards
Feb 20, 2018, 7:47 am
#2
Join Date: Apr 2009
Location: FLR
Programs: BA Gold, LH Sen, FB Gold
Posts: 504
There are others that are more experts on this board, but two things I'd like to flag right away: I think the Swiss are somewhat only partly bounded by EU rules (or at least that how they look at it) and my expectation is that Swiss will tell you hat the technical fault was outside their control, which of course is a ridiculous argument but seems rather common among airlines as argument to not pay out. In any case, it cannot hurt to try and it depends ultimately on your stamina and opportunity costs on how far you want to take this (e.g., all the way to a court)....
Feb 20, 2018, 9:03 am
#3
Join Date: Sep 2000
Location: Stuck on this planet - mainly in STR and LAX
Posts: 5,019
Look at this tread in the swiss subforum. More information there.
Swiss denies compensation
I had success getting compensation for a cancelled flight and a missed connection. Not exactly your case, but I think it is worth trying. Report back!
Swiss denies compensation
I had success getting compensation for a cancelled flight and a missed connection. Not exactly your case, but I think it is worth trying. Report back!
Feb 21, 2018, 1:13 am
#4
Moderator: Lufthansa Miles & More, India based airlines, India, External Miles & Points Resources
Join Date: Dec 2002
Location: MUC
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Posts: 48,178
The technical fault responsibility was clarified in a case at the ECJ, so the EU enforcement bodies of 261/04 don't let the airlines get away with it. LX is bound by 261/04 because Switzerland adopted it, but the BAZL will not enforce ECJ decisions since it is not an EU country.
Feb 21, 2018, 1:52 am
#5
Join Date: Apr 2012
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The technical fault responsibility was clarified in a case at the ECJ, so the EU enforcement bodies of 261/04 don't let the airlines get away with it. LX is bound by 261/04 because Switzerland adopted it, but the BAZL will not enforce ECJ decisions since it is not an EU country.
Feb 21, 2018, 2:24 am
#6
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Feb 21, 2018, 3:05 am
#7
Join Date: Nov 2012
Location: Rhineland-Palatinate
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Posts: 5,699
And going through the UK courts is much simpler as Money Claim Online can be done, leading to small courts. The fee is 25 GBP and no need of a lawer. The process is well explained here for British Airways but would apply to LX as well: The 2018 BA compensation thread: Your guide to Regulation EC261/2004