Eurowings cancellation and EC261 rights
 

Was informed yesterday that my EW itinerary PRN-DUS-MAN for Friday was cancelled.

I've e-mailed [email protected], [email protected] and [email protected] asking for re-routing per Article 8 and 9 of EC261. I've provided two suggestions (but made it clear anything whereby I arrive in Manchester no later than 15:00 on Saturday will do):

* W6 7701 SKP-LTN 4 July 06:10-08:30 (~EUR 70, plus reimbursement for transport Pristina-SKP and LTN-Manchester - EUR 8+GBP 70)
OR
* LX 8403 PRN-ZRH 3 July 09:45-11:55 + LX 380 ZRH-MAN 3 July 17:00-17:55 (EUR 455, plus a meal voucher or two in Zurich)

LX is FAR more expensive, but OTOH part of the LH network like EW.

Which option is more likely?

I noted that the right of re-routing and care applies in any and all cases, and explicitly added that I WILL drag them to court "if necessary"

You are very optimistic. I think you will be lucky if EW agrees to rebook you at all. Most likely you will be left with the cancellation/refund option. Booking OAL is probably not going to happen so if EW agrees to rebook you, it will most likely be within LH Group.

That would be illegal, and thus a strong case for a lawsuit, wouldn't it? EC261 doesn't mention it having to be on the same airline. Of course, as a practical matter it would usually be sorted within the airline, but in this case it cannot, which however doesn't negate my rights AFAIK (please correct me if I'm wrong)

I remember endless posts discussing if 'comparable transport conditions' means same airline. I don't recall seeing any court case summaries defining it either way.

My opinion: I doubt anyone at eurowings will read your email by Friday. If you need to be in Manchester, I think you should call in. Good luck.

Considering how other low cost carriers work, I highly doubt you’re going to be rebooked onto W6 (like you wouldn’t onto FR, U2, etc). However, due to the current situation parts of EC261 have been watered down to protect airlines.

The chances of hearing back via email for flights on Friday are close to zero. Call. Take a look at other EW and then LH Group options and have those handy. Suggest that you not engage in a legal argument with front line agents. Will not get you anywhere.

In any event, your chances of success even with a call are low as well. As you yourself note, there is no requirement in EC 261/2004 for rerouting OA. Further, there is no precedential authority interpreting the Regulation to require rebooking OA.

The EC has issued Guidance which appears open-ended for the length of the pandemic, noting that there will be many situations when rebooking means either a lengthy wait for the next service or a refund. In this instance you should expect to be offered a credit for future use (which you may well decline) and you may then insist on a refund to your original form of payment, e.g. credit card.

At least if EW does not timely initiate the refund, you will be able to pursue a chargeback with your card issuer (bank).

Exactly; it's not restricted to the same airline unless that's explicitly stated in EC261, which it isn't

They already have (I use a "read" receipt function).

Not article 8 and 9 though.

It doesn't need an explicit ruling; unless otherwise stated, re-booking means re-booking. FWIW the CAA has issued an explicit statement that the lack of own services is NOT a valid excuse not to offer pax a choice between reimbursement and re-routing.

Nonetheless, even before the EC's Guidance regarding the pandemic, you will not find a precedential decision. EW could care less about pronouncements of the NEB's because they have proven themselves toothless in the extreme.

However, with the EC's Guidance in hand, EW can quite contentedly decline to do anything by way of rebooking other than a refund (and that only with a fight).

Could you please link the guidance?

Wow, you seem very confident about being able to get EW to rebook you.

My guess is that you will get absolutely nowhere with EW. You can talk about your rights, the obligation to rebook you etc but you will be talking to deaf ears.

Sounds like you’re based in the U.K and I believe EW still fly to the U.K. and will do for the next few months?

In which case if they refuse to rebook your preferred option, issue MCOL for your costs right away. Don’t delay. At that stage they’ve already showed contempt for the legislation and you gave them the chance to remedy the situation in the scope of the legislation. While they fly to the U.K. there will be some assets to claim against making a claim swifter.

What a shame I don't live there; that procedure would've been perfect.

Else I'll see them in court and they'll end up also having to pay my legal fees etc. Their choice.

I'm not expecting them to be happy to do it, but I'll have them know I WON'T let myself be conned. Turns out Eurokoha here in Pristina is a partner of theirs, so I'll pop by them tomorrow and ask.

There is a recent ruling by a higher court (Landgericht Düsseldorf), forcing Eurowings to pay for the Lufthansa replacement ticket.

https://www.franz.de/fileadmin/user_...atzflug_01.pdf

UPDATE: the head of their legal department (!!!) just emailed me saying that "after discussing the case internally, taking into account [my] viewpoints", they've re-booked me to an OS/LH itinerary PRN-VIE-FRA-MAN.

Seems being harsh from the outset and threatening with court does help.

.....