Birdwatching
Topic Author
Posts: 3574
Joined: Sat Sep 06, 2003 10:48 am

EU Flight Cancelation Law Help Needed! Urgent

Fri Jun 03, 2011 1:57 pm

Hi all!

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!

Soren   
All the things you probably hate about travelling are warm reminders that I'm home
 
baw217
Posts: 69
Joined: Sat Jun 02, 2007 8:52 am

RE: EU Flight Cancelation Law Help Needed! Urgent

Fri Jun 03, 2011 3:31 pm

Hi,

Morocco is not part of the EU/EEA, so you are only partially covered by 261/2004

The flight from the EU/EEA to Casablanca is covered by 261/2004. The return flight is NOT as the flight is NOT on a EU Carrier and does not originate within the EU.

You are entitled to compensation under 261/2004 for your outbound flight ONLY.

Hope this helps.
 
Birdwatching
Topic Author
Posts: 3574
Joined: Sat Sep 06, 2003 10:48 am

RE: EU Flight Cancelation Law Help Needed! Urgent

Fri Jun 03, 2011 5:12 pm

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).

Switzerland is not EU though, but according to this:
http://www.bazl.admin.ch/dienstleist...passagierrechte/index.html?lang=en
they follow the same regulation.

So can I safely assume that Jet4you will pay my fare back (100 EUR), PLUS the 400 EUR?

Soren   
All the things you probably hate about travelling are warm reminders that I'm home
 
JRadier
Posts: 3943
Joined: Mon Sep 27, 2004 11:36 pm

RE: EU Flight Cancelation Law Help Needed! Urgent

Fri Jun 03, 2011 6:03 pm

Quoting Birdwatching (Reply 2):
So can I safely assume that Jet4you will pay my fare back (100 EUR), PLUS the 400 EUR?

You might safely assume that, but getting them to pay it is a very different matter!
For once you have tasted flight you will walk the earth with your eyes turned skywards, for there you have been and ther
 
L410Turbolet
Posts: 5434
Joined: Wed May 05, 2004 9:12 am

RE: EU Flight Cancelation Law Help Needed! Urgent

Sat Jun 04, 2011 6:02 am

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
Posts: 1534
Joined: Sun Feb 13, 2005 12:53 pm

RE: EU Flight Cancelation Law Help Needed! Urgent

Sat Jun 04, 2011 11:45 am

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...

If you want to complain after your flight, you may do so at the national enforcement body for regulation 261/2004 of Switzerland, which can be found here: http://ec.europa.eu/transport/passen...61_national_enforcement_bodies.pdf

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?

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