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Cancelled Luftansa flight

Gibraltar
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Cancelled Luftansa flight

Hi, I have booked a skiing trip for January 2012 in Bulgaria; going from Malaga to Sofia via Munich on transit. The reason we booked the accommodation was because of the exceptional value of the Lufthansa flight for booking early. Unfortunately, they have cancelled the Malaga to Munich flight and now just want to refund us the money. Can they do this? Should they not be honouring the booking and finding an alternative way of getting us there at their expense (there is an option to fly us to Madrid and then onwards)? Why should we now have to bare the additional costs for flights? Thanks

South London
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1. Re: Cancelled Luftansa flight

If they've cancelled the route completely then no, a refund is all you'll be offered, they don't have to put you on another carrier.

If they've rescheduled then they should offer a free date change.

Have you asked to take the flight even if it is now via Madrid? Did they give you a reason as to why this is not possible.

Get looking for new flights as soon as poss.

Air France have a route that shouldn't be too much more expensive for you.

I'm sure you've already booked travel insurance in case of any eventualities.

Edinburgh, United...
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2. Re: Cancelled Luftansa flight

Since they've canceled more than 2 weeks before your flight, they are not obliged to offer re-routing as far as I interpret the EU regulations.

Edited: 05 July 2011, 13:01
UK
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3. Re: Cancelled Luftansa flight

<<Can they do this?>>

Yes.

<< Should they not be honouring the booking and finding an alternative way of getting us there at their expense>>

No.

<<Why should we now have to bare the additional costs for flights?>>

Is that on Nudist Airlines?

You should bear the costs because (a) that's how it works and what you agreed to when you booked, and (b) if it didn't work that way, all flights would just cost more as airlines would have to absorb upfront the cost of transporting people on other airlines or routes every time they dropped or changed routes.

4. Re: Cancelled Luftansa flight

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NYC/Israel
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5. Re: Cancelled Luftansa flight

One of the advantages of booking way out is that you can get less expensive flights. One of the disadvantages is that airlines can and do change their schedules. It is part of the give and take.

Bangkok
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6. Re: Cancelled Luftansa flight

Hi,

As noted, it sounds as if your legal/contractual rights in the matter are limited and that what LH has done to this point meets the standards under EU regulations for the cancellation given the time-frame involved.

I do think that your best alternative at this point is to call and *ask* LH if they can and will re-ticket you onto other flights operated by one of their Star Alliance partners, who can get you from AGP to SOF.. Granted the connection city or cities might be different and times may vary, but there are alternatives.

Granted, under this scenario as you've laid it out, it appears that LH would not be contractually required to do this for you, nor would they be required to do so by EU regulation as I read it as well-- but this does not mean that they can't.. they can do so, but that would be a purely discretionary "call" on their part.

I suggest you call them and politely ask what, if anything else they can offer.. There are alternatives within the greater Star Alliance framework that operate between AGP and SOF.

Travel Safe,

Manchester, United...
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7. Re: Cancelled Luftansa flight

OP

Under Regulation EC 261/2004 Article 8, you have the option of the following:

Article 8

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.

As you had a reservation on a flight that has now been cancelled, this doesn't mean that the carrier's obligation ends with their refunding you. If you opt for a re-routing, the airline is obliged to organise that re-routing for you even if that means they have to pay for alternative flights on another carrier.

To those who have posted above stating that because the airline has given 14 days notice of the cancellation the airline has to merely refund the passenger their fare, please note that the 14 days notice period applies only to the possibility of Art 7 compensation not to the clause in Article 5.1(a) which refers to Article 8 without further qualification.

Ultimately the OP may be forced to take the airline to court to recover the difference between whatever refund the airline automatically makes and the cost of any replacement flights but the OP needs to make their choice very clear and very soon to the airline and follow this up with some clear suggestions of possible alternative flights.

Having so communicated with the airline it would be essential to place a limited time for the airline to respond positively with an offer of replacement flights since fares can increase on a weekly basis.

In the event that the OP had to buy replacement flights then the OP would presumably want to mitigate against the possibility of the fares increasing over time as well as mitigating the overall cost of any potential court claim from the airline should that be necessary.

See this thread on flightmole in which a similar case developed involving BMIbaby: www.flightmole.com/forum/showthread.php…

Edinburgh, United...
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8. Re: Cancelled Luftansa flight

Since Malaga is both the point of departure and (I assume) the final destination for the OP, I don't believe the offer of re-routing applies. He can hardly be re-routed to the place where he is already located.

Manchester, United...
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9. Re: Cancelled Luftansa flight

Lex

You need to understand the context of the words in the Regulation. This is what the OP wrote:

<<Hi, I have booked a skiing trip for January 2012 in Bulgaria; going from Malaga to Sofia via Munich>>

Malaga is the point of departure and Sofia the final destination of the OP's outward leg, the return I assume is the reverse but the OP hasn't detailed this.

Article 2(h)

(h) "final destination" means the destination on the ticket presented at the check-in counter or, in the case of directly connecting flights, the destination of the last flight; alternative connecting flights available shall not be taken into account if the original planned arrival time is respected.

Edited: 05 July 2011, 17:07
Edinburgh, United...
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10. Re: Cancelled Luftansa flight

Sorry, I'm still not convinced. Assuming the OP has a return ticket (note the singular), the final destination will be Malaga as far I'm concerned. But I grant you that it's not clearcut and, like many laws, open to interpretation. To my mind, the 261 regulation is not intended to cover what you're suggesting.