Kb From United States of America, joined Apr 2000, 7 posts, RR: 0 Posted (7 years 1 month 2 weeks 2 days 9 hours ago) and read 4709 times:
Hello. I'd like to share with you what my parents experienced on their flight to AND CURRENT: Athens - Eleftherios Venizelos (Spata) (ATH / LGAV), Greece">ATH on 3 Aug from JFK. They had purchased tickets aboard OA416 which was scheduled to depart at 14.05. Two days before flight schedule, they received a phone call stating that the flight was going to be delayed, and the new departure time would now be 15.45. Unfortunately there was a problem, because they had arranged a domestic connection which they would now miss.
(OA on Fri and Sat during the peak season operates 2 flights from JFK to AND CURRENT: Athens - Eleftherios Venizelos (Spata) (ATH / LGAV), Greece">ATH to accommodate demand-- their normal scheduled flight OA 412 is to depart at 16.30 daily)
Needless to say, on Friday they call Olympics arrival/departure recording at JFK airport and are told that the flight would now be leaving at 18.45-- furthermore a delay! They head to the airport and arrive a little bit after 17.00. They were traveling in the main cabin-- and waited about 15 minutes to approach a check-in agent. Once they were at the agent, they handed their tickets, passports (yes, OA still uses paper tickets), and waited for their pre-assigned seats to be issued. Instead they were told THAT THEY WOULD NOT BE FLYING TODAY BECAUSE THE FLIGHT WAS OVERSOLD AND THAT THEY SHOULD COME BACK TOMORROW! That was it! No other options. Their seats were given away regardless of the fact that they were still able to check-in during the legal check-in time.
At that point my father called me from his cell phone and told me what had happened. He was very upset and somewhat confused on what was going on. I asked him if they offered him any options-- and he said no.... just to come back tomorrow and they will fly then. I told him to call the check-in supervisor and to demand him to re-accomodate them on another carrier. He did that (with my screaming and anger)... and thats exactly what happened.
Instead of flying on OA, they were rebooked on a DL flight from JFK-FRA and then connecting to an OA flight from FRA- to AND CURRENT: Athens - Eleftherios Venizelos (Spata) (ATH / LGAV), Greece">ATH via SKG....
They were told to take the JFK AirTrain quickly to the DL terminal and try to make a 19.00 flight. They made it. And later connected in FRA and arrived into AND CURRENT: Athens - Eleftherios Venizelos (Spata) (ATH / LGAV), Greece">ATH at 16.30 on Saturday afternoon. They then contacted A3 who changed their tickets and reaccomodated them on a later flight for their domestic destinatinon... A long and stressful trip!
My question to all of you road warriors is this-- what rights did my parents really have? Were they supposed to return home and return the next day to board the OA flight? Was OA supposed to reaccomodate them on another carrier? Are they due some compensation? I myself am unsure. I just know what they experienced was not right.
Your thoughts/comments would be greatly appreciated as I plan on writing a letter to OA's corporate offices in AND CURRENT: Athens - Eleftherios Venizelos (Spata) (ATH / LGAV), Greece">ATH as well as here in NYC.
quoting Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004
Now, getting complicated...
I picked only necessary parts for you...
1. This Regulation establishes, under the conditions specified herein, minimum rights for passengers when:
(a) they are denied boarding against their will;
(b) their flight is cancelled;
(c) their flight is delayed. ....
1. This Regulation shall apply:...
(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.
2. Paragraph 1 shall apply on the condition that passengers:
(a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in,
- as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent,
or, if no time is indicated,
- not later than 45 minutes before the published departure time...
4. This Regulation shall only apply to passengers transported by motorised fixed wing aircraft.
1. When an operating air carrier reasonably expects to deny boarding on a flight, it shall first call for volunteers to surrender their reservations in exchange for benefits under conditions to be agreed between the passenger concerned and the operating air carrier. Volunteers shall be assisted in accordance with Article 8, such assistance being additional to the benefits mentioned in this paragraph.
2. If an insufficient number of volunteers comes forward to allow the remaining passengers with reservations to board the flight, the operating air carrier may then deny boarding to passengers against their will.
3. If boarding is denied to passengers against their will, the operating air carrier shall immediately compensate them in accordance with Article 7 and assist them in accordance with Articles 8 and 9.
Right to compensation
1. Where reference is made to this Article, passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
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
(a) by two hours, in respect of all flights of 1500 kilometres or less; or
(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
(c) by four hours, in respect of all flights not falling under (a) or (b),
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.
3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.
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.
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.
Debonair From Germany, joined Jan 2004, 2430 posts, RR: 4
Reply 3, posted (7 years 1 month 2 weeks 1 day 19 hours ago) and read 4157 times:
strange... I cant editing my post!
So, compensation are 600EURO per passenger for travel over 3500KM, IF arrival is later than 4hrs after scheduled time on destination airport Athens- OR 300EURO if less than 4hrs.
PLUS, the telephone-costs to call you, as OA didn't offered 2 free calls.
Kb From United States of America, joined Apr 2000, 7 posts, RR: 0
Reply 4, posted (7 years 1 month 2 weeks 1 day 10 hours ago) and read 3891 times:
Debonair, many thanks for the information that you provided.
My parents were not the only ones who were denied boarding on that flight. In fact there were about 30 other paxs. OA is getting away with murder if you ask me. Their biggest clients here are the omogenia (Greeks living abroad) and instead of being hospitable to them, they're just taking advantage of them! And the omogenia keeps on going back every year to OA because OA is Greece to them. Pretty sad if you think about it.
These innocent people don't know their rights. They just believe what they're told. Imagine if they were informed what would be going on at the check-in counters of OA!
No problem! If you can do me (and maybe for the rest of our community) a realy BIG favour, pls. keep us up-dated on the case... This is the law, written on a piece of paper, would like to know, if OA was paying and when...
FRACO7X From Germany, joined Apr 2004, 345 posts, RR: 8
Reply 9, posted (7 years 1 month 1 week 2 days 23 hours ago) and read 2934 times:
As Lewis said all airlines are overbooking their flights, but how OA handled this is absolutely not correct. They definately have to pay compensation to your parents.
But this shows me that i´m right to avoid Olympic when flying to Greece. All airlines have their problems, but the question is how they are handling those situations. Also you never know on what kind of aircraft you are ending up when booking OA. Especially on european routs.
Debonair From Germany, joined Jan 2004, 2430 posts, RR: 4
Reply 10, posted (7 years 1 month 5 days 14 hours ago) and read 2549 times:
Quoting Kb (Reply 4): My parents were not the only ones who were denied boarding on that flight. ...These innocent people don't know their rights. They just believe what they're told. Imagine if they were informed what would be going on at the check-in counters of OA!
well, thats not correct, according to the EU-law, as OA is an EU-Airline:
Article 14 Obligation to inform passengers of their rights
1. The operating air carrier shall ensure that at check-in a
clearly legible notice containing the following text is displayed
in a manner clearly visible to passengers: ‘If you are denied
boarding or if your flight is cancelled or delayed for at least
two hours, ask at the check-in counter or boarding gate for the
text stating your rights, particularly with regard to compensation
2. An operating air carrier denying boarding or cancelling a
flight shall provide each passenger affected with a written
notice setting out the rules for compensation and assistance in
line with this Regulation. It shall also provide each passenger
affected by a delay of at least two hours with an equivalent
notice. The contact details of the national designated body
referred to in Article 16 shall also be given to the passenger in