Birdwatching From Germany, joined Sep 2003, 3891 posts, RR: 50 Posted (3 years 10 months 3 weeks 5 days 10 hours ago) and read 4631 times:
I need some urgent help from somebody who knows how the EU flight cancellation law works.
I have a flight with Jet4You (GVA-CMN) in 8 days. Return is in 3 weeks. The airline emailed me some days ago (exactly 10 days pre departure) that my flights were cancelled, and they re-booked me on a flight 2 days later. Same for the return, 2 days later. Now I can NOT settle with that, I have work and onwards flights, I can simply not fly 2 days later!
I called Jet4You, and asked them to put me on Iberia, which they laughed about. They said they can only re-book me on their own company's flights, and there are NONE within 2 days of my original travel plans.
Now the EU law 2004/261 ( http://en.wikipedia.org/wiki/Regulation_261/2004 ) states:
"If a flight is cancelled, passengers are automatically entitled to their choice of (a.) re-routing to the same destination at the earliest opportunity (under comparable conditions); (b.) later rerouting, at the passenger's convenience, to the same destination under comparable conditions (subject to seat availability); or (c.) a refund of the ticket as well as a return flight to the point of first departure, when relevant."
and later down:
"The airline is also required to pay cash compensation as described below (400 EUR), unless one of the following conditions applies:
the airline notifies the passengers between one and two weeks prior to departure, and re-routes passengers so that they can:
depart no more than two hours earlier than scheduled, and
arrive no more than four hours later than scheduled"
So, since they obviously do NOT want to re-book me, does that mean I get my money back, plus 400 EUR? In that case I'll book the Iberia flight myself. But how does one get 400 EUR from a Moroccan airline? And does the EU law even apply for a Moroccan airline?
Please I need help ASAP as the flight is in only 8 days!
All the things you probably hate about travelling are warm reminders that I'm home
Birdwatching From Germany, joined Sep 2003, 3891 posts, RR: 50
Reply 2, posted (3 years 10 months 3 weeks 5 days 7 hours ago) and read 4363 times:
Quoting BAW217 (Reply 1): Morocco is not part of the EU/EEA, so you are only partially covered by 261/2004
Well, that would be fine with me, the return is 3 weeks out anyway, but the outbound is within less than 2 weeks so I would be very happy if I could get the 400 EUR. I could use the money to book an alternate flight (240 EUR currently on Royal Air Maroc).
L410Turbolet From Czech Republic, joined May 2004, 5784 posts, RR: 18
Reply 4, posted (3 years 10 months 3 weeks 4 days 18 hours ago) and read 4307 times:
Quoting Birdwatching (Reply 2): So can I safely assume that Jet4you will pay my fare back (100 EUR), PLUS the 400 EUR?
I think you are more than welcome to assume whatever you want, but the chances to get anything out of them as just as slim as getting Ryanair play by the rules.
There is a form for complains to download on that FOCA website you quoted, so if desperate you might want to try to pursue that route.
reifel From Germany, joined Feb 2005, 1450 posts, RR: 1
Reply 5, posted (3 years 10 months 3 weeks 4 days 12 hours ago) and read 4264 times:
As stated before, you might be entitled to get a compensation from Jet4You due to regulation 261/2004, in case the flight from GVA to CMN is affected (but none for CMN to GVA).
Anyway, that's the law, but honestly, you will need to go to court in Marocco in order to get them to pay that compensation. Even with big european legacy carriers it's almost impossible. I tried with Air France and Lufthansa, both are not willing to pay... The only one who paid without any issues were Malev...
So, just don't count on that money. Although law is on your side, as long as you don't go to court they will not pay.. .and get your money from Marocco will even make things more complicated...
Keep in mind, they will not be able to get the compensation for you (and not in less than 8 days anyway). They can only fine Jet4You for non respect of the regulation. But that's it. In case they tell you that Jet4You did wrong, then it MAY help you to get your compensation from Jet4You, but again, they're not a court which can oblige Jet4You to pay the compensation to you...
Very sorry for what happened... Hope you'll find an acceptable alternate flight. Maybe from LYS or ZRH if GVA is too expensive?