My wife bought the ticket on LOT Polish Airlines over two month in advance.

They called her and said the first flight is going to be cancelled so they provided options:
- go to Warsaw two days in advance and live in the airport waiting the next flight (my wife needs a visa to travel within Poland so she cannot leave the tranzit zone), be like Tom Hanks in the Terminal;
- go 4 days after the planned date;
- ticket cancelation and partly refund due the ticket is not refundable (they can refund LOT operated flights minus service fees, cancellation fees, etc.). The whole trip was bought from LOT and it was a single credit card transaction.

But we are not comfortable with no of the options because we have booked a hotel in New York City and I bought the ticket for myself and the ticket for her from NY. Definetely my bookings are not refundable.

Counting two days as a significant dalay we asked the airlines to provede the seats on another airlines and we did provide several options (all of them with star alliance member like LOT) that are available on the date of the planned trip, but LOT rejected all options.


we decided to buy a ticket on other airlines due time is running and fewer and fewer tickets are avalable for Christas and New Year holidays.
The ticket price now is over 50% more that it was a month ago.

So the question how to make LOT paying for our extra expences. Now we paid about $850 to LOT for the ticket and they can refund about $200. Also new ticket is over $1000.


Thanks

Welcome to FT miauru

I would push for a full refund by LOT given it is there schedule change which is forcing you to cancel and buy another ticket (their options not being acceptable).

I am not sure what rights you have under european law, but some helpful FTers will no doubt chime in.

The wife's destination is with the States. Also she is a resident, and the credit card that was used to pay was issued in the States so I think Amercan law should apply.

From http://airconsumer.ost.dot.gov/publications/delays.htm
I think two extra days it's a significand delay

As LOT guys say LOT has "own internal" rules that are not public and everybody agrees with them buying a ticket. That "rules" deny flight changing if the ticket is not-transferable.

But nor me neither my wife heve ever seen/heard about that "rulles" before the flight cancellation.

LOT is a Euro carrier and your journey commences in Europe. European law should apply, although I am no longer sure of what that is with the very recent Passengers Bill of Rights (or similar) coming into effect in Europe very recently. I would try to track down a copy of that on the www somewhere, as I believe it heavily favours the passengers rather than the airlines in many respects, from what I've heard about it.
Then again, you haven't stated where your travel is commencing from, so if the starting point is a place that isn't a member state of the EU, then that's not going to be any good to you I would imagine.

Your travel insurance should also cover much of the extra expense, pending the type of cover your purchased, or at least be of some assistance to you.

from their rules http://www3.lot.com/app/index.jsp?ar...ion=US#Scene_1

it looks like only one article can apply

But as I understand here is mentioned cancellation by customer not by airline. Otherwise it get them the right just to collect money and cancel flights. It's a good busines....

After reading this, I think I will be avoiding LOT at all possible costs.

We bought the regular-fare ticket, no special promotion, discount, etc.
We have no restrictions printed on the ticket, but why they always talk about some internal rules I cannot understand, we've never seen/heard that rules. Only I've heard "by our internal rules we have no permission to refund, re-route even if the flight was cancelled".....

Hi Miauru,

Poland are now part of the EU so LOT, being an EU-based airline, are subject to recent EU directives regarding cancellations and delays.

There has been a lot of discussion about these on the BA board recently (look here for summary) - however, on rereading this thread, it looks like it's specifically for 'immediate' problems, so may not be relevant when they cancel ahead of time as LOT have done here. Try reading through the directive (link in thread referenced above) and see if it helps.

Good luck - that's seriously poor performance from LOT

Correct. I suggest that you mention the new EU directive below to LOT. Article 5 and 8 should entitle you to a re-routing with a different carrier. To travel 2 days before or 4 days after is obviously totally un-acceptable.

www.europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en& numdoc=304R0261

Article 5

Cancellation

1. In case of cancellation of a flight, the passengers concerned shall:

(a) be offered assistance by the operating air carrier in accordance with Article 8; and

(b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and

(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:

(i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or

(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or

(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 informed of the cancellation, an explanation shall be given concerning possible alternative transport.

3. An operating air carrier shall not be obliged to pay compensation in accordance with Article 7, if it can prove that the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.

4. The burden of proof concerning the questions as to whether and when the passenger has been informed of the cancellation of the flight shall rest with the operating air carrier.


Article 6

Delay.....

Article 8

Right to reimbursement or re-routing

1. Where reference is made to this Article, passengers shall be offered the choice between:

(a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,

- a return flight to the first point of departure, at the earliest opportunity;

(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or

(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.

2. Paragraph 1(a) shall also apply to passengers whose flights form part of a package, except for the right to reimbursement where such right arises under Directive 90/314/EEC.

3. When, in the case where a town, city or region is served by several airports, an operating air carrier offers a passenger a flight to an airport alternative to that for which the booking was made, the operating air carrier shall bear the cost of transferring the passenger from that alternative airport either to that for which the booking was made, or to another close-by destination agreed with the passenger.


Article 9

Right to care

1. Where reference is made to this Article, passengers shall be offered free of charge:

(a) meals and refreshments in a reasonable relation to the waiting time;

(b) hotel accommodation in cases

- where a stay of one or more nights becomes necessary, or

- where a stay additional to that intended by the passenger becomes necessary;

(c) transport between the airport and place of accommodation (hotel or other).

2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.

3. In applying this Article, the operating air carrier shall pay particular attention to the needs of persons with reduced mobility and any persons accompanying them, as well as to the needs of unaccompanied children.


Article 10

Upgrading and downgrading....

how to get the date when the arline decided to cancel the flight?

it seems like they sold the ticket after the flight was cancelled.

their sharecode partner for the flight didn't sell ticket at all

Why not just contact your credit card company and explain the situation.

Your contract is between you and the credit card company and the flight can no longer be provided as agreed.

Your credit card company should place a block on the transaction and refund the amount paid to your account. You can then purchase a ticket with whichever other airline you choose.

Aztec

What matters is not when they cancel the flight but let you know about it.

When an outbound flight is cancelled by the airline, the ticket must be refunded in full at the customer's request. End of story.

If LOT disagrees, call the credit card issuing bank, explain the situation, and initiate a dispute of the transaction.

What was the final outcome? Did you get anywhere with LOT?

Aztec

The credit company started the dispute but the result can take 6 weeks and longer.

The position of LOT: the ticket is not refundable and not reroutable so we should fly on the date choosen by LOT, live in the airport or loose money