SAS and EC261/EU261 Claims [merged Discussions]
Aug 21, 2019, 7:30 am
#62
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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.
Aug 22, 2019, 5:41 am
#63
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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.
Aug 22, 2019, 2:51 pm
#64
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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.
Aug 24, 2019, 5:20 am
#65
Join Date: Nov 2005
Programs: BA Gold, TP Silver
Posts: 888
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?
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?
Aug 26, 2019, 4:44 am
#66
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Aug 28, 2019, 1:14 am
#68
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Aug 29, 2019, 7:22 am
#69
Join Date: Jan 2009
Posts: 61
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?
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?
Sep 2, 2019, 10:48 am
#70
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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?
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?
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 it’s 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; it’s 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
Sep 2, 2019, 11:00 am
#71
Join Date: Mar 2016
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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 it’s 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; it’s 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
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.
Sep 2, 2019, 3:53 pm
#72
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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.
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.
Sep 6, 2019, 8:02 am
#73
Join Date: Mar 2018
Location: ARN
Programs: A3*G, SK*G
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missed my SK flight due to delay in UA domestic leg
In August I was flying CLE-ORD-ARN, return leg of a J trip booked directly with SK, with the domestic US leg operated by UA. The plane for the CLE-ORD segment departed 2.5 hours late due to a technical issue, and due to air traffic over ORD we ended up landing about 3 hours after ETA, and after my SK flight to ARN had departed. I contacted SK who unsurprisingly told me to contact UA. UA gave me some meal vouchers and informed me that the only available route was the following day via EWR on Y, or the day after the next one if I insisted on travelling on J. As I needed to be in Stockholm as soon as possible, I took their offer and flew to EWR on UA J, then to ARN on UA Y, arriving about a day later than originally scheduled.
I wrote to UA who only offered me an apology and a discount voucher of $300 to be used on domestic UA flights within 12 months. They referred me to SAS for a refund of the price difference between J and Y on the TATL segment. I am now about to write to SK. Is there any chance that they will provide me with any further compensation? One way to see this is that the delay was caused by UA (which is not an EU-registered airline) on a flight neither departing from or arriving to an EU airport, so no compensation is due. Alternatively, one can say that my “contract” (booking) was with SK, who undertook the responsibility to get me from CLE to ARN on time. The fact that they took the decision to “delegate” (codeshare) the first segment to a “contractor” (UA) is not my business, and hence I am due €600.
Should I also ask SK for compensation apart from a refund?
I wrote to UA who only offered me an apology and a discount voucher of $300 to be used on domestic UA flights within 12 months. They referred me to SAS for a refund of the price difference between J and Y on the TATL segment. I am now about to write to SK. Is there any chance that they will provide me with any further compensation? One way to see this is that the delay was caused by UA (which is not an EU-registered airline) on a flight neither departing from or arriving to an EU airport, so no compensation is due. Alternatively, one can say that my “contract” (booking) was with SK, who undertook the responsibility to get me from CLE to ARN on time. The fact that they took the decision to “delegate” (codeshare) the first segment to a “contractor” (UA) is not my business, and hence I am due €600.
Should I also ask SK for compensation apart from a refund?
Sep 6, 2019, 8:37 am
#74
Join Date: Sep 2012
Location: AGH
Posts: 5,979
No, all your claims are with UA as the operating carrier. Not SK as the ticketing carrier. And you have to regard the trip as end to end, i.e. as CLE to ARN but doesn't really matter since the operating airline is a US airline you won't get anything from them for EC261 flying to the EU. You only have a clai for UA departing from the EU.
You can try to claim downgrade compensation from UA, but it is a hard fight. And they will argue you volunteered, even though that won't give them a free pass from paying the 75% of the segment value back.
You can try to claim downgrade compensation from UA, but it is a hard fight. And they will argue you volunteered, even though that won't give them a free pass from paying the 75% of the segment value back.
Sep 6, 2019, 8:44 am
#75
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The delay occurred on United, on a flight where United does not fall under the EU regulations. You claim for delay compensation is with the airline causing the delay. The 300 USD voucher is as good as it will get.
The fare difference should come from SAS.
The fare difference should come from SAS.