London Calling

Just could I please add my thanks to all. All your views have helped me clarify things enormously

I did post this on the European board but apart from another poster sharing that he was re-routed.....I didn't get much assistance.

So I may have inadvertently hijacked this board where I have found great expertise over the years.....and I duly apologise. Hopefully my predicament will provide some food for thought with other BA members flying ExEU

I will dispute with IG for not offering me the option of a re-route. I will accept the taxes from Thai and I might cheekily ask BA to waive the fee....as suggested above.

And I will update the board in 30....no.... 29 days and counting

mario

You're technically right, although I think your post could have misled the OP as it implies that no further remediation could be available.

simons1

I may be missing something but isn't this standard ex-EU risk? In other words if one part of the agenda goes pear shaped then it all falls apart. Except that usually it is the positioning bit that goes wrong.

The only thought I had is whether you could get a reasonably priced ex-EU MXP - BKK on BA that might plug the gap.

Otherwise really it's a question of taking it on the chin as apart from the IG refund I don't see any comeback against any of the airlines.

London Calling

Obviously....in retrospect it is standard ExEU risk.....although I haven't been unlucky for the last 5 years

Fully agree that I will have take the positioning flights on the chin.....I will be due Ł2.50 per person back on Thai taxes per sector.....better than nothing!

My only issue is that I was never offered a re-route. 4 calls. All denied. Told to take the refund and file a claim....which I have done.

I do note that another poster has been more fortunate....or more savvy and has been re-routed with QR. My issue is that I wasn't offered the choice and Air Italy quotes in their General Conditions of Carriage that an option will be offered.

I have already rebooked a flight with QR from HEL-DOH-HKT. About Ł1500 more but still a good price as Easter is filling up....But positioning flights....not bought yet.....will buy 2 weeks out....I have learnt my lesson

Lets see what the claim response is..........and I will update

Thanks all

Often1

That provision carefully skirts the question of whether a reroute is on another carrier. To be qutie precise, nothing in the entire document you cite requires rebooking on another carrier. The problem here is that IG has either terminated the route or is at least not operating it for some forseeable time period after the end of March. In litigation, OP is stuck with the same problem as under EC 261/2004.

Not that I would drop the issue, but it is, at this point, a claim against IG for the difference in fares for MXP-BKK which he experiences should he choose to rebook on a carrier operating the route. Making that case under either the Regulation or the contract is a long and arduous task.

Andriyko

I don't know where you see that specific language in Air Italy's T&Cs. They are silent about re-booking onto other airlines, and all re-booking options seem to be concerning cancellations less than 2 weeks before departure or on the day of the flight.

mario

Ambiguity doesn't work in their favour. Consumer law tends to be interpreted in favour of the consumer wheb there are ambiguous clauses.

Andriyko

You should have been clear that the OP may get a desirable resolution in a court of law (as a few posters stated already) rather than state that the airline's T&Cs expressly promise a particular re-booking option. No one disputes the fact that a court may side with the OP as clearly the Reg does not make any sense if re-booking onto other carriers is not an option.

Often1

That does not get around your assertion that the contract requires rebooking OA by its terms. It does not.

I have already (along with others) pointed out that one might litigate IG's obligations and one might win. The same issue arises under EC 261/2004 as under the contract, e.g., it does not convey a right to be rebooked OA, but on the other hand, if IG itself cannot rebook because it no longer operates, neither the Regulation nor the contract mean much.

Winning will be an arduous and costly exercise as the claims agencies are unlikely to take this on and lawyers not likely to act on a contingency with an "iffy" chance of success.

OP apparently purchased this ticket "in" (to the extent that the internet is "in" anywhere) the UK and therefore could have a go at it through the MCOL process.

mario

I would write a letter to Air Italy telling them to rebook as per their T&C's. I would suggest the routing based on the most reasonable routing/price. I would give them ten days to do so or otherwise would take them to MCOL for the price of that replacement ticket. That should spark a reaction.

London Calling

Again.....very appreciative for the input

The previous comments that IG do not have the capability to re-route is not correct and one reason why I am a little peeved and keen to pursue resolution

Have written to Air Italy again today citing their T&C and requesting a refund of the additional cost of arranging alternative flights consequential to their failure to offer a re-routing. If they offered me a re-routing now, it would be quite a hassle to change things again. Maybe I should ask for a reschedule for Christmas!?!?

Forgive my ignorance....what is MCOL?

Im a new user

Are you suggesting that IG only needs to rebook on the next IG flight? Don't forget that IG also has to pay for a hotel room and for food at a restaurant until that flight departs. If IG indeed is allowed to rebook only on the next IG flight - which may depart years later when IG decides to re-open the route - then it is still a lot cheaper for IG to rebook on another airline than to pay for a hotel room during all that time.

UKtravelbear

Money Claim On Line - otherwise known as the small claims court. not sure if Air Italy has a UK office though otherwise you would have to bring a case in Italy.

Andriyko

You are making an assertion without explaining what you are basing it on. I am not aware of any court cases that confirm that duty of care applies when a flight is cancelled weeks or months in advance. Moreover, even if a court later rules that duty of care does apply in such cases, why would the OP need a hotel/food when they're at home? Surely, if a route is withdrawn people can't go anywhere and won't need hotels?
No one said that IG must only rebook onto its own services. This is what airlines do when they cancel routes months in advance (some do negotiate with other airlines to get passengers to their destinations). Getting a different outcome would require a legal action.

Im a new user

Check the regulation. The two-week limit is only for the monetary compensation but not for the duty of care. Of course you still need a hotel room even if the decision to, say, postpone a flight by a day is taken a month in advance.I'd have assumed that the OP's home in London (in the UK) wasn't within walking distance from the departure airport, MXP in Italy.Of course no one is going to stay at a hotel for several years until the airline opens the route again. The duty of care provision is only used as a tool to convince the airline to rebook on another airline.Except that the OP claims that IG refuses to rebook on other airlines, so the OP needs legal tools to convince IG to do this.