Air Madagascar delaying flight 36 hours

Chomeur

Alan_Bowen wrote: »

If you are staying a month, they have given you more than 14 days notice of the change, so EU216 won't give you compensation at all. Certainly talk to them politely because on the face of it you have no specific legal rights at all, and you are travelling from a non EU departure point on a Non EU based airline which negates EU261 completely anyway!

I have a contract with them, arranged by ebookers as agent. I don't see anything in the ts and cs that I have agreed to that allow them to reschedule the flight. Given that they are in Madagascar there's not going to be any practical way that I can sue them. But maybe I can look at asking my debit card bank to do a chargeback. Only after I get back, of course.

Sounds as if this 14 day thing comes from EU legislation, so is of no relevance here at all.

k3lvc

Chomeur wrote: »

I have a contract with them, arranged by ebookers as agent. I don't see anything in the ts and cs that I have agreed to that allow them to reschedule the flight. Given that they are in Madagascar there's not going to be any practical way that I can sue them. But maybe I can look at asking my debit card bank to do a chargeback. Only after I get back, of course.

Sounds as if this 14 day thing comes from EU legislation, so is of no relevance here at all.

Why wait for it to get that far - you've been given advice and that a (nice) discussion with Air Madagascar is likely to be the best option. Otherwise the risk is you're going to rack up significant additional costs/disappointment that you won't get reimbursed for

Voyager2002

This board is full of posts from people who have been inconvenienced by schedule changes. Usually they have no rights: certainly the card chargeback route is not going to work.

Alan_Bowen

The airline has a total of 2 long haul aircraft so the possibilities of changes for reasons of maintenance or other reasons must be high and although by all means talk, I suspect the options are almost nil. The same planes have to operate their entire long haul services and if one goes tech, that's it. One of the 'joys' of choosing to fly with a tiny airline, Air France or Kenya Airways might have been a better choice

Chomeur

Chomeur wrote: »

Yes I fly from Paris next Monday.

Err, maybe not. They now plan to fly on Tuesday instead. They are refusing to pay for accommodation. Can they do that?

Alan_Bowen

I am sure they will assume you live in or around Paris since that is the starting point. A cancellation within 14 days from an EU airport does get caught by the EU261 Regulations and you may well be entitled to 600 Euros, which should go someway to paying your expenses but I suspect they may pretend to have never heard of the Regulations or say it is 'extraordinary circumstances' although what those could be so far before the flight remains to be seen. I suspect the plane may need urgent maintenance but that is not extraordinary. I suspect your story will act as a warning to other UK residents to think twice before booking with them!

Chomeur

Alan_Bowen wrote: »

I am sure they will assume you live in or around Paris since that is the starting point. A cancellation within 14 days from an EU airport does get caught by the EU261 Regulations and you may well be entitled to 600 Euros, which should go someway to paying your expenses but I suspect they may pretend to have never heard of the Regulations or say it is 'extraordinary circumstances' although what those could be so far before the flight remains to be seen. I suspect the plane may need urgent maintenance but that is not extraordinary. I suspect your story will act as a warning to other UK residents to think twice before booking with them!

Thanks, but why do you refer to this as a cancellation? They are just delaying me for twelve hours overnight. I don't know whether it's a different flight or not, but does it make a difference? I would think that I'm entitled to food and accommodation under Article 9, but not the €600.

I've told them I'm taking the eurostar from London to get the flight.

Chomeur

OK, looking at Reg 261 further it seems it makes a big difference if this is a cancellation or a delay. If a cancellation I can get the €600 you mention plus accommodation and meals. But how to tell if it's a cancellation or just a delay? Maybe the flight number will be different but if not that doesn't really prove anything.

Alan_Bowen

I am not sure it matters which it is in this case, they will probably call it a re schedule'. Reading reviews of the airline for the first time this morning, these changes seem to be the norm, not the exception. If it is a delay, it is clearly more than 3 hours, if it is a cancellation it is within 14 days of departure, either way you appear, subject to the extraordinary circumstances get out clause, to be entitled to 600 Euros and care whilst waiting but getting it out of them may be another matter altogether. Make sure you keep all receipts for expenses incurred overnight in Paris and keep your fingers crossed it operates on Tuesday! Looking at the airline website, you are correct there is no sign of a Monday flight at all, but there supposedly flights on Tuesday and Wednesday at 0955, I assume it was the airline and not the agent that informed you as I am not sure there was a flight on Monday, but that could just be my cynical side appearing

Alan_Bowen

Just looking at a list of the EU banned airlines and this airline appears in list B, not banned completely but subject to stringent conditions. As far as I recall agents are supposed to draw your attention to the list, particularly if they are selling a flight on one of the airlines mentioned.......