Kvarko

I see. Well, I've just put in my EC261 claim directly with AF, and AF have acknowledged it. I suppose I can see that Americans might be more comfortable with interacting with Delta even if AF/KLM operated the flight.

This is becoming surreal. We can't have an EC261 forum because law firms might sue for case law quotes?! I think this is ludicrous FUD and I'm starting to wonder whether there's some vested interest being protected here.

[I'll just add that since I think this site is American, https://en.wikipedia.org/wiki/Fair_use applies.]

Silver Fox

It is. That's why case law and precedent exists. I used it successfully in my court case against United. The law firm doesn't own the case law whether it's in its favour or not, and the law firm is 100% immaterial. To suggest otherwise is absurd.

Kvarko

I think DrMilano was suggesting that if one quoted from a law firm's case summary, said firm could sue for copyright violation. In practice I am confident a quote would be well within the "fair use" provisions, and if someone was still worried they could instead just give a cross-reference (e.g. URL) to the law firm's case summary.

This is all doubly moot because the case law will mostly come from the ECJ, which gives very nice summaries, e.g. https://curia.europa.eu/juris/docume...t=1&cid=282678 (scroll to the end) -- and a more detailed analysis is at https://www.lexology.com/library/det...7-1dd049f3b068 , of which the key part is:

I am confident no-one is going to get sued for this quote!

Kvarko

I'm still not clear TravelBuzz is the best forum for generic EC261 questions, but anyway, I've posted the following there: https://www.flyertalk.com/forum/trav...l#post35955812 .

Silver Fox

Thread link doesn't work and I couldn't see the thread in travelbuzz. Did it get merged into something else or removed? Or am I missing it?

NewbieRunner

Try this link?
Ticketing carrier?
.

Kvarko

No, it got moved to an AA-specific forum (my mistake for giving AA and BA as examples; I should have kept it completely generic): https://www.flyertalk.com/forum/amer...n-carrier.html .

Kvarko

Just one example of why a dedicated generic EC261 forum would be helpful: https://www.flyertalk.com/forum/35975936-post317.html .

Scandinavian traveler

I was looking for a separate thread for EU261 questions not relating to any of the big carriers with frequent flyer programmes without luck, but please feel free to move this query if this is not the right place.

I booked a flight for my parents from London to Billund on Ryanair, which is a route that typically sees 1-3 Ryanair flights and 1 BA flight a day (and 1-2 Sun-Air on weekdays). The flight was due to depart 19.45 on a Sunday, which allowed my parents to spend the weekend in London before heading home on Sunday evening - the flight to London is booked on Sun-Air separately.

Approx. 1 month before the flight, Ryanair cancelled the flight "due to commercial reasons" (i.e. not enough sales). Ryanair offered re-routing on a flight leaving at 12.25 (i.e. almost 7.5 hours earlier) or two days later (in which case they would not confirm that they would cover hotel costs). I asked for them to be re-routed on KLM from LCY to BLL via AMS leaving LCY at 17.50 but Ryanair said that as a Ryanair flight was available within 48 hours of the original flight, they would not rebook on other carriers. Consequently, I had to book the KLM flights and are now seeking reimbursement of the additional costs from Ryanair as the 12.25 flight would have made them miss the whole Sunday in London.

Ryanair have obviously rejected my claim and said that they do not cover the difference in cost to the new flights (approx. GBP 150 extra) as they offered an alternative on their own metal. My argument is that they did not offer a suitable alternative as their alternative was to leave 7 hours and 20 minutes earlier og 2 days later. The CAA guidelines seems to state that whether a re-routing offer is suitable depends on the time of day of the original and of the new flight etc., but in other places it states that re-routing on other carriers must be offered if the airline is unable to provide a new flight on the same day. Ryanair offered to put them on the midday flight, but this should surely not be a suitable alternative when it leaves so much earlier than their original flight.

Am I entitled to reimbursement of the additional costs of the KLM flights?