EC261 Compensation due?
Apr 13, 2021, 1:55 am
#1
Original Poster
Join Date: Feb 2019
Location: ZRH
Programs: SK*G, OW S
Posts: 128
EC261 Compensation due?
Hi all,
I'm on the middle of a segment run with the x4 promo and SAS cancelled one of my flights within 7 days before departure. As can be seen, the departure time for the first flight is now 3h25m earlier than predicted. I have been checking the EC261 regulation and I believe there would be a case as the flight number has changed (cancellation) and there is a variation of more than 2h in the departure date. Is my assumption correct?
I'm on the middle of a segment run with the x4 promo and SAS cancelled one of my flights within 7 days before departure. As can be seen, the departure time for the first flight is now 3h25m earlier than predicted. I have been checking the EC261 regulation and I believe there would be a case as the flight number has changed (cancellation) and there is a variation of more than 2h in the departure date. Is my assumption correct?
Apr 13, 2021, 2:42 am
#2
Join Date: Sep 2012
Location: AGH
Posts: 5,979
Hi all,
[...] SAS cancelled one of my flights within 7 days before departure. As can be seen, the departure time for the first flight is now 3h25m earlier than predicted. [...] there would be a case as the flight number has changed (cancellation) and there is a variation of more than 2h in the departure date. Is my assumption correct?
[...] SAS cancelled one of my flights within 7 days before departure. As can be seen, the departure time for the first flight is now 3h25m earlier than predicted. [...] there would be a case as the flight number has changed (cancellation) and there is a variation of more than 2h in the departure date. Is my assumption correct?
Apr 13, 2021, 3:21 am
#3
Original Poster
Join Date: Feb 2019
Location: ZRH
Programs: SK*G, OW S
Posts: 128
I can manage to make it for the new time to the airport without much disruption, but still, won't be nice having to wake up at 3 a.m on that day. I am assuming though that SAS will try to avoid the EC261 compensation due to the 'exceptional circumstances'. We'll see how this goes
Apr 13, 2021, 4:23 am
#4
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,848
It is safe to assume that SK will deny the claim for compensation with reference to Covid-19, disruptions etc being "extraordinary circumstances"- but give it a try.
Are you sure that you are still confirmed on SK583 CPH-AGP?; from your itinerary above it seems to have been cancelled as well and there seems to be no new flight to AGP booked;
Are you sure that you are still confirmed on SK583 CPH-AGP?; from your itinerary above it seems to have been cancelled as well and there seems to be no new flight to AGP booked;
Apr 13, 2021, 4:29 am
#5
Join Date: Jul 2014
Location: 280 from HMR DVOR
Programs: EBG
Posts: 332
Sitting around in a very dead CPH for many hours will not be fun either, before you arrived just before your next segment. The lounge in CPH was only ok before corona (but way better than ARN) but last time I was there it was a very sad affair.
Malaga, you will need a PCR test looks like, in Sweden they are about 2000SEK a pop, or did you find a way around it?
As for your compo, I think they will claim "exceptional circumstances". They did when they changed mine to go to Turkey about 8 months ago and I could not be bothered to fight it...I just took a cancellation voucher.
Malaga, you will need a PCR test looks like, in Sweden they are about 2000SEK a pop, or did you find a way around it?
As for your compo, I think they will claim "exceptional circumstances". They did when they changed mine to go to Turkey about 8 months ago and I could not be bothered to fight it...I just took a cancellation voucher.
Apr 13, 2021, 4:37 am
#6
Original Poster
Join Date: Feb 2019
Location: ZRH
Programs: SK*G, OW S
Posts: 128
It is safe to assume that SK will deny the claim for compensation with reference to Covid-19, disruptions etc being "extraordinary circumstances"- but give it a try.
Are you sure that you are still confirmed on SK583 CPH-AGP?; from your itinerary above it seems to have been cancelled as well and there seems to be no new flight to AGP booked;
Are you sure that you are still confirmed on SK583 CPH-AGP?; from your itinerary above it seems to have been cancelled as well and there seems to be no new flight to AGP booked;
It still seems to be sold on the SK website. It also seems to be confirmed in the reservation (?).
Apr 13, 2021, 4:43 am
#7
Original Poster
Join Date: Feb 2019
Location: ZRH
Programs: SK*G, OW S
Posts: 128
Sitting around in a very dead CPH for many hours will not be fun either, before you arrived just before your next segment. The lounge in CPH was only ok before corona (but way better than ARN) but last time I was there it was a very sad affair.
Malaga, you will need a PCR test looks like, in Sweden they are about 2000SEK a pop, or did you find a way around it?
As for your compo, I think they will claim "exceptional circumstances". They did when they changed mine to go to Turkey about 8 months ago and I could not be bothered to fight it...I just took a cancellation voucher.
Malaga, you will need a PCR test looks like, in Sweden they are about 2000SEK a pop, or did you find a way around it?
As for your compo, I think they will claim "exceptional circumstances". They did when they changed mine to go to Turkey about 8 months ago and I could not be bothered to fight it...I just took a cancellation voucher.
I'm planning to get tested in Sweden; it costs 1000kr with travel certificate if you do it with one of SAS partners. It's worth it for me as I'll spend some days in Spain visiting family.
Yeah, I was also assuming they will. I'll fight them a bit and we'll see what I can get though
Apr 13, 2021, 4:46 am
#8
Join Date: Sep 2012
Location: AGH
Posts: 5,979
To be honest, over the last 10 years, for me SAS has been the only airline which always payed up their dues in regards to EC261 compensation without any fuzz. They never pushed back with 'exceptional circumstances' or some other lame excuse if they were to blame.
Apr 13, 2021, 5:13 am
#9
Join Date: Jul 2014
Location: 280 from HMR DVOR
Programs: EBG
Posts: 332
Agreed Fassy, it was the first time for me too and its kinda the reason I did not fight it. I felt it was fair...it was rather exceptional circumstances, morally I felt it was not fair to fight.
One of SAS partners for the COVID test, 1000SEK per test including travel certificate!! ok, where is the list of where these are??
I bet none north of ARN.
One of SAS partners for the COVID test, 1000SEK per test including travel certificate!! ok, where is the list of where these are??
I bet none north of ARN.
Apr 13, 2021, 5:29 am
#10
Original Poster
Join Date: Feb 2019
Location: ZRH
Programs: SK*G, OW S
Posts: 128
Agreed Fassy, it was the first time for me too and its kinda the reason I did not fight it. I felt it was fair...it was rather exceptional circumstances, morally I felt it was not fair to fight.
One of SAS partners for the COVID test, 1000SEK per test including travel certificate!! ok, where is the list of where these are??
I bet none north of ARN.
One of SAS partners for the COVID test, 1000SEK per test including travel certificate!! ok, where is the list of where these are??
I bet none north of ARN.
Apr 13, 2021, 12:30 pm
#13
Suspended
Join Date: Feb 2007
Location: PVG, FRA, SEA, HEL
Programs: UA Premier Gold
Posts: 4,783
It is safe to assume that SK will deny the claim for compensation with reference to Covid-19, disruptions etc being "extraordinary circumstances"- but give it a try.
So the passenger needs to sue the airline - often on the passenger will prevail.
As Covid-19 has been raging throughout the world for 15 months now, a cancellation in April 2021 (7 days before departure) cannot be considered to be an "extraordinary circumstance" anymore.
Apr 13, 2021, 2:02 pm
#14
Join Date: Sep 2012
Location: AGH
Posts: 5,979
Apr 20, 2021, 6:50 am
#15
Original Poster
Join Date: Feb 2019
Location: ZRH
Programs: SK*G, OW S
Posts: 128
An update on the case:
I wrote SAS yesterday right after I took the first flight. A few minutes ago I got their answer:
"Thank you for contacting SAS,
As per our investigation I have found that original flight got cancelled from our end we have rebooked a alternative flight for the passenger which you have boarded and also this particular rebooked flight has reached the final destination well within the time frame. Therefore, I am sorry to say that I’m unable to meet your request for compensation in this case.
I have now sent you a extra expenses in SAS Voucher containing the amount SEK 299 (equivalent to EUR 29). The SAS Voucher is valid one year from the date of issue and will expire on 20 April 2022.
Information about the SAS voucher:
- The voucher will be sent to you in a separate mail, with instructions.
- You need to wait 48 hours, counting from when you receive the voucher, until the voucher can be used.
- The voucher acts as a gift card, ie. You do not need to use the full amount at once.
- The voucher is not personal.
- The voucher can be used as a payment method when booking on SAS’s website or by phone to SAS Sales & Service.
It might take a while before you receive the e-mail, please check your spam folder. If you have not yet received your SAS Voucher within an hour, please contact us again.
I hope that we will have the opportunity to soon welcome you aboard again."
As per the EC261, art. 5 c), I can read that "In case of cancellation of a flight, the passengers concerned shall have the right to compensation by the operating air carrier in accordance with Article 7, unless... 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.
So, I believe that I should still be entitled to compensation. Is my interpretation of the rules correct?
I wrote SAS yesterday right after I took the first flight. A few minutes ago I got their answer:
"Thank you for contacting SAS,
As per our investigation I have found that original flight got cancelled from our end we have rebooked a alternative flight for the passenger which you have boarded and also this particular rebooked flight has reached the final destination well within the time frame. Therefore, I am sorry to say that I’m unable to meet your request for compensation in this case.
I have now sent you a extra expenses in SAS Voucher containing the amount SEK 299 (equivalent to EUR 29). The SAS Voucher is valid one year from the date of issue and will expire on 20 April 2022.
Information about the SAS voucher:
- The voucher will be sent to you in a separate mail, with instructions.
- You need to wait 48 hours, counting from when you receive the voucher, until the voucher can be used.
- The voucher acts as a gift card, ie. You do not need to use the full amount at once.
- The voucher is not personal.
- The voucher can be used as a payment method when booking on SAS’s website or by phone to SAS Sales & Service.
It might take a while before you receive the e-mail, please check your spam folder. If you have not yet received your SAS Voucher within an hour, please contact us again.
I hope that we will have the opportunity to soon welcome you aboard again."
As per the EC261, art. 5 c), I can read that "In case of cancellation of a flight, the passengers concerned shall have the right to compensation by the operating air carrier in accordance with Article 7, unless... 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.
So, I believe that I should still be entitled to compensation. Is my interpretation of the rules correct?