SAS EU261 compensation question

Old Aug 20, 19, 11:01 am
  #1  
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SAS EU261 compensation question

Was hoping for some advice on a potential claim for an elderly relative.
The flight number was SK0502 on Sunday just gone, London-Copenhagen (09.50 departure).

They were notified of the cancellation of the flight the day before. On calling up, they were offered to be rebooked on the 17.00 service but this got into Copenhagen at 19.55 and too late to make their connection, so they had to turn this down and make other arrangements to get there (bought another flight on another airline).

On looking at this again, it seems that perhaps they could have asked for a rebooking on to an earlier service (there was one at 0655), or an indirect service, or on another airline (there was a BA flight with similar timings), but they are not regular travellers and they were not to know this at the time. The 1700 option was the only one offered. Further it was not really worth the gamble of turning up at the desk and finding out that the 1700 was the best they could do and losing the rest of the holiday.

The ticket was the outbound and the return initially was cancelled, however they seem to have spoken to someone who has reinstated the return.

I know the cost of the replacement flights cannot be claimed, but I'd like to know if the rest of the case is sound and in particular if anyone knows the reason for the flight cancellation. Not going to be weather related (other flights flew LHR-CPH that time), but if the inbound flight (which would have been the night before) is cancelled for a extraordinary reason, would that be sufficient to deny a claim?
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Old Aug 20, 19, 1:38 pm
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Just file the claim on the SK website. It takes 5-10 min. if you have the flight details etc. ready. The details is information like flight number, ticket number and IBAN/bank account information where they should transfer the compensation to. They are normally quite large and fast with honoring EU261 claims. If the claim is rejected they will give you the reason and then you can decide whether you want to take the claim to one of the leeches or challenge the rejection your self.

I don't think the return flight were ever canceled. SK is one of the airlines which doesn't cancel return flights when the outbound leg isn't used.

Last edited by highupinthesky; Aug 20, 19 at 2:32 pm Reason: Typo
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Old Aug 20, 19, 1:42 pm
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Once they declined a reroute, it will be very hard to sustain a claim. At a minimum, they ought to be armed with the reason for the cancellation before making any decisions.
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Old Aug 20, 19, 2:29 pm
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Originally Posted by Often1 View Post
Once they declined a reroute, it will be very hard to sustain a claim. At a minimum, they ought to be armed with the reason for the cancellation before making any decisions.
Not with SK. If I remember correct, there isn't even a field to fill in the cancellation/delay reason in the online claim form. Beside. Unless the ticket is refunded the airline can't reject the EU261 claim whether you fly or not. Specially not when the flight it canceled completely.
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Old Aug 21, 19, 5:24 am
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The key here is within 14 days before departure - if they cancel 14 days before the departure day then you get nothing.
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Old Aug 21, 19, 7:30 am
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Originally Posted by nacho View Post
The key here is within 14 days before departure - if they cancel 14 days before the departure day then you get nothing.
True, but OP wrote the flight were canceled the day before = <48 hours if not even <24 hours, not that it changes anything when it's less then 14 days in advance.
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Old Aug 22, 19, 5:41 am
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Originally Posted by highupinthesky View Post
True, but OP wrote the flight were canceled the day before = <48 hours if not even <24 hours, not that it changes anything when it's less then 14 days in advance.
Exactly my point - because it's less than 14 days before so OP is definitely entitled to EU 261. It happened to me once our flight got cancelled less than 12 hours departure and we googled our rights and it said anytime within 14 days we will get the compensation. No issue with the claim and because our flight changed from evening flight to morning flight SK comped our hotel cost too.
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Old Aug 22, 19, 2:51 pm
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It can depend a bit on the reason. Heathrow have had some hiccups of ATC delays over the summer, so if the inbound flight to London was cancelled for this reason, I doubt OP will be due compensation for the flight to CPH. Though duty of care and hotel would still be applicable.

​​​​​​
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Old Aug 24, 19, 5:20 am
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Originally Posted by garyfinny View Post
Was hoping for some advice on a potential claim for an elderly relative.
The flight number was SK0502 on Sunday just gone, London-Copenhagen (09.50 departure).

They were notified of the cancellation of the flight the day before. On calling up, they were offered to be rebooked on the 17.00 service but this got into Copenhagen at 19.55 and too late to make their connection, so they had to turn this down and make other arrangements to get there (bought another flight on another airline).

On looking at this again, it seems that perhaps they could have asked for a rebooking on to an earlier service (there was one at 0655), or an indirect service, or on another airline (there was a BA flight with similar timings), but they are not regular travellers and they were not to know this at the time. The 1700 option was the only one offered. Further it was not really worth the gamble of turning up at the desk and finding out that the 1700 was the best they could do and losing the rest of the holiday.

The ticket was the outbound and the return initially was cancelled, however they seem to have spoken to someone who has reinstated the return.

I know the cost of the replacement flights cannot be claimed, but I'd like to know if the rest of the case is sound and in particular if anyone knows the reason for the flight cancellation. Not going to be weather related (other flights flew LHR-CPH that time), but if the inbound flight (which would have been the night before) is cancelled for a extraordinary reason, would that be sufficient to deny a claim?
If they had a connection at CPH why not ask for a direct routing? They would've been accommodated in CPH anyway and put on the next flight.
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Old Aug 26, 19, 4:44 am
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Originally Posted by duvin View Post
If they had a connection at CPH why not ask for a direct routing? They would've been accommodated in CPH anyway and put on the next flight.
Probably, a separate ticket?
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Old Aug 27, 19, 9:24 pm
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Originally Posted by SK2751 View Post
Probably, a separate ticket?
So then there was no connection in CPH.
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Old Aug 28, 19, 1:14 am
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Originally Posted by duvin View Post
So then there was no connection in CPH.
OP hasn't revealed the final destination, so it might be a destination which isn't reachable directly from LHR.
Without knowing the final destination it's hard to discuss alternatives to the decisions OP made.
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Old Aug 29, 19, 7:22 am
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Thank you for the replies.
Sorry if I used the wrong terminology but the connection was a coach, the rest of the holiday was a boat cruise, so this is why they could not accept the later option.

The good news was that I filled in the form on the site and they have agreed the claim (250 EUR each)

I had another question, should the original portion of the flight not be refunded as well? It was unused, but bought as part of package. Is there a separate claim to be made for this?
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Old Sep 2, 19, 10:48 am
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Originally Posted by garyfinny View Post
The good news was that I filled in the form on the site and they have agreed the claim (250 EUR each)

I had another question, should the original portion of the flight not be refunded as well? It was unused, but bought as part of package. Is there a separate claim to be made for this?
According to EC261, in the case of cancellation, the airline has to offer the passenger a choice between a) reimbursement, b) re-routing at the earliest opportunity, or c) re-routing at a later date. So it would seem that there is a case for reimbursement.

​​​​​However, the regulation also states that, once the passenger has made the choice, the rights for the two remaining options are forfeit; so if your relative chose the re-routing and was in effect a no-show for the outbound flight (which might be the case, given that the inbound got cancelled), then I could see SAS argue that they have fulfilled their obligation. Another possible complicating factor is that your relative wants to keep the return flight, and so is only asking for reimbursement for the unused outbound; I think normally the regulation only stipulates reimbursing the entire ticket, which would include the return flight. So I am not sure how the reimbursement of only the first leg can be calculated in this case (particularly as itís part of a package).

All that said, I have seen SAS be very lenient on these matters in the past, so I would definitely advise that you make a claim and explain these details. Also point out that your relative is not an experienced traveller and may have misunderstood the options when talking to the phone agent.

By the way, the BA forum has a very comprehensive guide to EC261; itís BA specific, but of course the general advice applies to all EU-based airlines: The 2019 BA compensation thread: Your guide to Regulation EC261/2004
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Old Sep 2, 19, 11:00 am
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Originally Posted by AverageHighFlyer View Post

According to EC261, in the case of cancellation, the airline has to offer the passenger a choice between a) reimbursement, b) re-routing at the earliest opportunity, or c) re-routing at a later date. So it would seem that there is a case for reimbursement.

​​​​​However, the regulation also states that, once the passenger has made the choice, the rights for the two remaining options are forfeit; so if your relative chose the re-routing and was in effect a no-show for the outbound flight (which might be the case, given that the inbound got cancelled), then I could see SAS argue that they have fulfilled their obligation. Another possible complicating factor is that your relative wants to keep the return flight, and so is only asking for reimbursement for the unused outbound; I think normally the regulation only stipulates reimbursing the entire ticket, which would include the return flight. So I am not sure how the reimbursement of only the first leg can be calculated in this case (particularly as itís part of a package).

All that said, I have seen SAS be very lenient on these matters in the past, so I would definitely advise that you make a claim and explain these details. Also point out that your relative is not an experienced traveller and may have misunderstood the options when talking to the phone agent.

By the way, the BA forum has a very comprehensive guide to EC261; itís BA specific, but of course the general advice applies to all EU-based airlines: The 2019 BA compensation thread: Your guide to Regulation EC261/2004
It's years since SK stopped doing discounts on return flights. It's also years since SK stopped canceling return flights if the outbound leg wasn't used. And last but not least. All refund policies I've seen from SK the last couple of years clearly states that partly refund is possible.
But be aware. If the flight has been purchased through a TA. The refund claim has to be filed against the TA, not SK, while the EU261 claim always has to be filed against the airline, and so has the claims for additional costs like extra hotel nights etc.
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