EC261 Compensation due?
Apr 20, 2021, 7:11 am
#16
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Yes. SK is not saying that the Regulation does not apply. Rather, it is saying that it met the time parameters when it did not. For that reason, I would suggest responding with a very short & concise note pointing to the specific provision and the reason that the rebooked service did not meet the parameters. By focusing in on there, you should be OK as the facts are not being refuted.
No need to sue anybody.
No need to sue anybody.
May 8, 2021, 11:18 am
#17
Original Poster
Join Date: Feb 2019
Location: ZRH
Programs: SK*G, OW S
Posts: 128
An update on the situation:
I have politely explained to an agent several times on the mail that per the EC261 regulation, I’m still entitled to get financial compensation because my flight got cancelled and instead I was put on a flight leaving 3 and half hours before. Still, no positive answer. This is the last mail I got, from today. I don’t know what else to do. Is suing the only possible option I have left of should I rather tried to talk to someone on the phone?
I have politely explained to an agent several times on the mail that per the EC261 regulation, I’m still entitled to get financial compensation because my flight got cancelled and instead I was put on a flight leaving 3 and half hours before. Still, no positive answer. This is the last mail I got, from today. I don’t know what else to do. Is suing the only possible option I have left of should I rather tried to talk to someone on the phone?
May 18, 2021, 1:45 am
#20
Join Date: Sep 2007
Location: Ether
Programs: Some, not all.
Posts: 1,595
I was due to travel SFO-CPH-MAN on the 13th May, and on the 2nd May SAS sent an email advising my booking had been cancelled and would not be rebooked. The CPH-MAN leg had been cancelled and there were no alternative flights between CPH and MAN.
My claim for compansation has been rejected by SK, citing "Covid-19 pandemic", however my contention is that as the pandemic has been ongoing since March 2020, it seems unreasonable that SAS should offer flights unless there is an expectation that they will operate as planned. I know that there has been no change to the Covid-19 status in England that would prevent inbound flights, in fact since booking the flight restrictions in England have been lowered. From what I can see, it seems Denmark was also easing restrictions, although as a transit passenger I'm not sure that has any impact.
Any suggestions how to proceed?
My claim for compansation has been rejected by SK, citing "Covid-19 pandemic", however my contention is that as the pandemic has been ongoing since March 2020, it seems unreasonable that SAS should offer flights unless there is an expectation that they will operate as planned. I know that there has been no change to the Covid-19 status in England that would prevent inbound flights, in fact since booking the flight restrictions in England have been lowered. From what I can see, it seems Denmark was also easing restrictions, although as a transit passenger I'm not sure that has any impact.
Any suggestions how to proceed?
May 18, 2021, 6:35 am
#21
Join Date: May 2017
Posts: 2,016
I was due to travel SFO-CPH-MAN on the 13th May, and on the 2nd May SAS sent an email advising my booking had been cancelled and would not be rebooked. The CPH-MAN leg had been cancelled and there were no alternative flights between CPH and MAN.
My claim for compansation has been rejected by SK, citing "Covid-19 pandemic", however my contention is that as the pandemic has been ongoing since March 2020, it seems unreasonable that SAS should offer flights unless there is an expectation that they will operate as planned. I know that there has been no change to the Covid-19 status in England that would prevent inbound flights, in fact since booking the flight restrictions in England have been lowered. From what I can see, it seems Denmark was also easing restrictions, although as a transit passenger I'm not sure that has any impact.
Any suggestions how to proceed?
My claim for compansation has been rejected by SK, citing "Covid-19 pandemic", however my contention is that as the pandemic has been ongoing since March 2020, it seems unreasonable that SAS should offer flights unless there is an expectation that they will operate as planned. I know that there has been no change to the Covid-19 status in England that would prevent inbound flights, in fact since booking the flight restrictions in England have been lowered. From what I can see, it seems Denmark was also easing restrictions, although as a transit passenger I'm not sure that has any impact.
Any suggestions how to proceed?
May 18, 2021, 8:03 am
#22
Join Date: Aug 2010
Location: Seat 1L these days :)
Programs: AF Platinum/AY LUMO/SK EBG/baEC S/HYATT Globalist/MR LTP/A3 *G/HH Dia/IHG plat
Posts: 7,960
An update on the situation:
I have politely explained to an agent several times on the mail that per the EC261 regulation, I’m still entitled to get financial compensation because my flight got cancelled and instead I was put on a flight leaving 3 and half hours before. Still, no positive answer. This is the last mail I got, from today. I don’t know what else to do. Is suing the only possible option I have left of should I rather tried to talk to someone on the phone?
I have politely explained to an agent several times on the mail that per the EC261 regulation, I’m still entitled to get financial compensation because my flight got cancelled and instead I was put on a flight leaving 3 and half hours before. Still, no positive answer. This is the last mail I got, from today. I don’t know what else to do. Is suing the only possible option I have left of should I rather tried to talk to someone on the phone?
Is there even a right to comp if you take a earlier flight that arrives on time? I think you can refuse a earlier flight if it is over a xx amount of time earlier. But I allways assumed the comp came with a delayed arrival over xx hrs.
May 18, 2021, 12:01 pm
#23
Join Date: May 2017
Posts: 2,016
Article 5
Cancellation
1. In case of cancellation of a flight, the passengers concerned shall:
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
Cancellation
1. In case of cancellation of a flight, the passengers concerned shall:
(iii) they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.
If the flight leaves early, then the passenger may be unable to reach the airport in time. I wonder what happens in that situation.
May 18, 2021, 10:12 pm
#24
Join Date: Aug 2010
Location: Seat 1L these days :)
Programs: AF Platinum/AY LUMO/SK EBG/baEC S/HYATT Globalist/MR LTP/A3 *G/HH Dia/IHG plat
Posts: 7,960
Compensation is due if you have to depart more than one hour earlier:
Further down (in article 7) it says thatso if the flight leaves early and arrives on time, the amount is cut by half.
If the flight leaves early, then the passenger may be unable to reach the airport in time. I wonder what happens in that situation.
Further down (in article 7) it says thatso if the flight leaves early and arrives on time, the amount is cut by half.
If the flight leaves early, then the passenger may be unable to reach the airport in time. I wonder what happens in that situation.
Intresting, over the years I have allways read that one hour part as I can refuse a earlier then one hour reroute 👍
May 19, 2021, 10:02 am
#25
Join Date: Sep 2007
Location: Ether
Programs: Some, not all.
Posts: 1,595
As I understand it, you have still not been rebooked and are still stuck in SFO. In other words, once you finally arrive at MAN, your delay will be at least five days. I suggest that you read this ruling against TAP: TAP refused to rebook a passenger on other airlines and the passenger therefore ended up 24 hours late to OSL. It would have been possible to reduce the delay significantly by rebooking on other airlines, so compensation was due without having to consider if the delay was caused by extraordinary circumstances or not. As you will be at least five days late to MAN, the same argument would also apply to you: SK has not done enough to minimise your delay to MAN, so you are entitled to compensation. SK also has to reimburse your hotel and food costs in SFO until you are finally rebooked to MAN.
Your flight has been canceled.ABC123
Due to the complexity of travel restrictions worldwide caused by COVID-19, you will not be automatically rebooked.
If you want to rebook your flight please go to https://www.flysas.com/en/managemybooking
Due to the complexity of travel restrictions worldwide caused by COVID-19, you will not be automatically rebooked.
If you want to rebook your flight please go to https://www.flysas.com/en/managemybooking
May 19, 2021, 10:59 am
#26
Join Date: Aug 2010
Location: Seat 1L these days :)
Programs: AF Platinum/AY LUMO/SK EBG/baEC S/HYATT Globalist/MR LTP/A3 *G/HH Dia/IHG plat
Posts: 7,960
Thanks, but I am back in MAN as I had rebooked my own travel home using AA miles. From the email they sent regarding the cancellation (text below), it seemed pretty clear that they were not pro-actively willing to support a rebooking - checking flysas.com there were no flights between SFO and MAN that week either on points or paid, so effectively "manage my booking" would only let me cancel. I tried calling, but the SAS offices has a recorded message advising hours of 9am to 3pm CET, which in SFO was midnight to 6am, and as I was in SFO for a funeral I really wasn't about to spent the night trying to get SK to rebook me, especially as the connections would have required additional covid tests.
That text just means you have to call them. I had the same text and they rescheduled me on LH after some gentle prodding... Their first response was first open seats are in July 😂😂
But due to all the different corona restrictions I assume they will only rebook on the phone to make sure the person gets a reroute that they can do on their passport and or test requirements...
May 21, 2021, 3:34 am
#27
Join Date: Sep 2007
Location: Ether
Programs: Some, not all.
Posts: 1,595
That text just means you have to call them. I had the same text and they rescheduled me on LH after some gentle prodding... Their first response was first open seats are in July 😂😂
But due to all the different corona restrictions I assume they will only rebook on the phone to make sure the person gets a reroute that they can do on their passport and or test requirements...
But due to all the different corona restrictions I assume they will only rebook on the phone to make sure the person gets a reroute that they can do on their passport and or test requirements...
Anyway, I'm still waiting to hear back from them as I have asked for evidence that there was a change in the Covid-19 advice or regulations between 11th April and the cancellation date of 2nd May. They can't claim "extraordinary circumstances" for the cancellation and refuse EC261 compensation, whilst at the same time offering flights for sale.
May 22, 2021, 12:20 am
#28
Join Date: Aug 2010
Location: Seat 1L these days :)
Programs: AF Platinum/AY LUMO/SK EBG/baEC S/HYATT Globalist/MR LTP/A3 *G/HH Dia/IHG plat
Posts: 7,960
If they wanted me to call then maybe they should have said that on the email? Or better yet, maybe they should have tried calling me.
Anyway, I'm still waiting to hear back from them as I have asked for evidence that there was a change in the Covid-19 advice or regulations between 11th April and the cancellation date of 2nd May. They can't claim "extraordinary circumstances" for the cancellation and refuse EC261 compensation, whilst at the same time offering flights for sale.
Anyway, I'm still waiting to hear back from them as I have asked for evidence that there was a change in the Covid-19 advice or regulations between 11th April and the cancellation date of 2nd May. They can't claim "extraordinary circumstances" for the cancellation and refuse EC261 compensation, whilst at the same time offering flights for sale.
Communication has never been SKs strong point that's for sure.
I found it odd they did not call to reschedule, but did not super me, I just called them up to reschedule. Easier for me. I hope things work out for you.
May 27, 2021, 12:32 am
#29
Join Date: Sep 2007
Location: Ether
Programs: Some, not all.
Posts: 1,595
SAS have closed my case (flight booked 11April, cancelled 2nd May) saying:
EU regulations say they should provide "a satisfactory explanation that: i) there is a link between the extraordinary circumstances and the delay or the cancellation" and I have ststaed that there was no change in covid regulations between those dates, so claiming the cancallation was due to the outbreak is incorrect.
What should be my next steps? File a complaint with Danish Civil Aviation and Railway Authority?
Flight SK0936 was cancelled because of your connecting flight. SK0539 was cancelled due to Covid-19 outbreak. Therefore your whole trip got cancelled, there are many flight which got cancelled due to covid-19, because of affect caused by the connecting flight. As Covid-19 is extraordinary situation, We apologize that we cannot compensate for this claim.
What should be my next steps? File a complaint with Danish Civil Aviation and Railway Authority?