Onward Flight Cancelled

mubansal

My apologies if this is discussed but could not find any information of compensation or action about cancelled onward flights.

I am travelling via Air-India from London to Chandigarh (India) with a connecting flight at Delhi (India) - travelling this weekend. So within same ticket, itinerary is London-Delhi and Delhi-Chandigarh. Now Air-India has totally cancelled flight from Delhi-Chandigarh and has suggested that I can take the Air India flight the next day (after 24hrs). Since distance between Chandigarh and Delhi is 1hr by flight/7 hours by car, I was wondering if I book a different air ticket of my own from Delhi-Chandigarh or I take a taxi to Chandigarh, will I still be eligible for any compensation ? Can I claim a refund back for Delhi-Chandigarh leg of flight, make my own alternative arrangement and then make a compensation claim. or I should fight Air-India to provide me a connecting alternative flight on same day.

NoviceAngel

This is very interesting and I have to admit - I ain't got a clue! There's also the added difficulty of this being a cancellation and not a delay.....

The answer is 'not without some difficulty' I'm sure i've heard that somewhere before!


It's clear that the EC regs cover fights in and out of Europe, so my instant reaction is to say NO you're not covered but my difficulty is with your booking from London to Chandigarh, although separate flights, it's still a booking from an EC airport, isn't it? So you should be covered? Like you I'd be happy to learn from the experts of this forum

JPears

If it is a single "through" ticket then you should be covered for compensation under reg 261/2004, the fact there is a change of plane is irrelevant since your destination is Chandigarh, via Dheli, and you will be arriving late.
You can insist they reroute you or use an alternative carrier, at their expense. If neither is an option, they will need to pay for your accomadation and subsistance during overnight stay.
Cancellation is the same as delay, or actually vice versa, as confirmed by Sturgeon case (crikey that seems sooooo long ago)
Suggest you find the relevant section in the reg 261/2004 concerning re-routing/alternate carrier and email to someone in authority.

NoviceAngel

What would we do without you JP?

I may be an 'experienced' Angel but boy I've still got a lot to learn.....

JPears

AFAIK that is correct, however Jedi Master Vauban, maybe able to add or alter errors our young Padwan....

mubansal

Thanks for your replies. I asked Air-India again and they have refused re-routing by another airline. They said only alternative is either you take delhi-chandigarh flight next day or cancel whole of the ticket and get a refund. Since this is peak season, any new ticket from london will cost thousands. Please advise. Can i make my own travel arrangement from delhi-chandigarh and claim compensation.

JPears

Yes, probably, becasue they have cancelled your flight, or part of it. Unless it is cancelled duye to EC. But that is unlikely given the several days notice you have been given.
Why don't you call them back an ask for a claim form for compensation under reg 261/2004, to be emailed to you immediatley so you can claim your E600 (?) without further delay? Or copy, adapt and email the template letter putting in your claim now.
According to the air india website you should get a refund for the unused sector of your flight?

That might focus their minds.

Caz3121

note that if they rebook you for the next day but you choose to take a different flight and not the booked one, all unflown flights on your ticket will be cancelled including the return which would mean you would turn up for the return and have to buy a new ticket. If you do plan on getting off in Delhi and making your own way then you would be looking for Air India to change your ticket to reflect this (eg outbound journey ends in Delhi, return starts from Chandigarh)

As to compensation, this is an area that mixes opinion (where the delay/ cancellation is fully outside the EU) My understanding is that the NWNFs will not take these cases on and the one post I have seen where it has been tested in County Court was rejected http://forums.moneysavingexpert.com/showpost.php?p=66952264&postcount=374

JPears

Caz the arguement would be that the passenger has booked a flight from UK to Chandigarh with a single carrier. The fact that it requires a change at airport should be irrelevent, sury it should be treated as single flight?

Caz3121

JPears wrote: »

Caz the arguement would be that the passenger has booked a flight from UK to Chandigarh with a single carrier. The fact that it requires a change at airport should be irrelevent, sury it should be treated as single flight?

The regulations are very unclear on this, I was quoting the only case I have seen where similar cases has gone to court and had they have been unsuccessful, different judges may well have different views but there appears to be no guarantee that the regulations cover this instance

JPears

Maybe we should ask the CAA?