What happens when a dealy becomes a cancellation

[Jamesr44]

With regard to the C-402/07 judgement I can imagine that it is possible to claim an extra compensation if the delayed flight is cancelled after the 3 hour delay time limit for the delay compensation ?

[Cityboy]

Originally Posted by Jamesr44

With regard to the C-402/07 judgement I can imagine that it is possible to claim an extra compensation if the delayed flight is cancelled after the 3 hour delay time limit for the delay compensation ?

James

I don't believe that your compensation can be doubled up if an airline cancels what was previously a delayed flight. You either get the compensation for a delay or a cancellation but not both as this would seem inequitable.

In the event that your flight was cancelled subsequent to a delay, you would, however, be entitled to ask the airline for 'assistance' according to the regulation. That would include 2 phone calls/faxes together with meals and accommodation in line with waiting for your rerouted/rebooked flight.

Cityboy

[Jamesr44]

Originally Posted by Cityboy

James

I don't believe that your compensation can be doubled up if an airline cancels what was previously a delayed flight. You either get the compensation for a delay or a cancellation but not both as this would seem inequitable.

In the event that your flight was cancelled subsequent to a delay, you would, however, be entitled to ask the airline for 'assistance' according to the regulation. That would include 2 phone calls/faxes together with meals and accommodation in line with waiting for your rerouted/rebooked flight.

Cityboy

In my view when a flight delays turns out to be a cancellation it is 2 seperate instances and the passenger is inconvinienced twice as opposed to the flight being cancelled from the beginning.
ref :
aticle 3. 2(b) have been transferred by an air carrier or tour operator
from the flight for which they held a reservation to another
flight, irrespective of the reason.

Preamble (12) The trouble and inconvenience to passengers caused by
cancellation of flights should also be reduced. This
should be achieved by inducing carriers to inform
passengers of cancellations before the scheduled time of
departure and in addition to offer them reasonable rerouting,
so that the passengers can make other arrangements.
Air carriers should compensate passengers if they
fail to do this, except when the cancellation occurs in
extraordinary circumstances which could not have been
avoided even if all reasonable measures had been taken.

Here is a real live case involving 3 delays and 1 cancellation.

Day 1. The aircraft was declared delayed 24 hours

Day 2. It turned out the aircraft was taken out of operation and cancelled
A rebooked flight for alternative transport on day 3 was announced

Day 3. The alternative transport was announced 2 hours before departure to be delayed util day 4

Day 4. The alternative transport was delayed 5 hours on departure and 11 hours total on what should have been a direct flight to destination.

So if the regular pasengers on the day 4 flight are compensated why shouldn´t the rebooked passengers be, we share the same inconviniences.
after all 2 wrongs don´t make a right ??

[Jamesr44]

Also with regard to the claim on delay of the alternative transport.

The regulation states that the extraordinary circumstances only apply to the affected flight..and the rebooked alternative flight is another flight not to be judged by the extraordinary circumstances of the first flight.

[Jamesr44]

Hey Guys,

Are you bewildered by my statements or am I to far out ?

I admit it dosn´t seem reasonable ab facia.

However when you consider the compensation from EU 261/2004 is for inconvenience caused to the passenger due to the events caused by the operating air carrier, is it not then fair to be compensated when the same air carrier (due to what ever reason) reenacts the event of a delay.
Or should he be able to do this at leasure?

Just to show I am serious, I have submited an equivilant claim against Air Finland for 1 off cancellation and 3 delays as in my previously mentioned posting.

[Hugh]

Hi James,

There was a case a while back involving a delayed/cancelled flight coming back from Tel Aviv by Thomsonfly-that had a total delayed time of the order of 48 hours.

I was pondering the same issue at the time-i.e that each flight should be treated as a separate entity.

Therefore you could have sequential cancellations-and each flight would need to be reviewed on its own aspects. (Thats what I think).

Within that there might be a debate ( as in Stephen Oliver's situation) as to whether a particular flight had in fact been delayed or cancelled.

The facts there did allow an argument that two flights had been cancelled-in sequence.

The point must be that the operating carrier could cancel a flight and offer a re-routing to be performed by another carrier. That re-routing carrier would then be the opertaing carrier for that flight. That subsequent operating carrier could decide to cancel the flight.

What CityBoy I think was having trouble with-and I would share-would be a notion that say a 5 hour delayed flight was subsequently declared a cancellation. It seems difficult to imagine that the Art 7 tariff could apply first to the delay and then apply subsequently to the cancellation relating to the same flight.