Unsure whether compensation applies: rescheduled or cancelled?

maralions

Hello,

I'm wondering if someone can help me. I cannot work out whether this is a simple reschedule or if it is a cancellation and therefore whether I am entitled to a refund.

Today I was told that my flight a week tomorrow has been 'rescheduled' to the next day (i.e. told between 7 and 14 days of a 24h change). I am flying Turkish Airlines from Birmingham to Nairobi via Ataturk. I was due to depart at 19.50 on the 2nd, arriving at 02.30 on the 3rd. I am now departing at 19.50 on the 3rd (day later) and arriving at 02.30 on the 4th.

When I rang the airline they said that the leg from Ataturk to Nairobi had been cancelled, so I have been put on the next flight as there is only one out a day. The flight number is the same.

Can someone please help me confirm whether I can claim for this as a cancellation or whether under their terms (which I can't seem to find) this is considered as a rescheduled flight? I understand they have simply put me on a 24h later flight on a different plane, not simply changed the original flight.

Many thanks in advance
Sara

Vauban

Suspect it's cancellation rather than rescheduling (assuming the rescheduled flight was due to exist anyway) - but what difference does it make to your claim?

maralions

Thanks for replying. I thought that you could only claim compensation if the flight is cancelled,
not if it was rescheduled as this is within the airline terms and conditions. Hence me asking for clarification as I expect this will determine whether I am able to claim or not?

I got my info on the flight delay post (it won't let me post a link)

Thanks

JPears

Download Vauban's guide, all will be explained.
Your flight is delayed or cancelled by at least 24 hours, with less than 14 days notice. Compensation under reg 261/2004 more than likely is due.
Are there any other flights out on that day with other airlines? You could press for transfer to a different airline.
Has the flight actually been cancelled or have you been bumped due to over booking?

maralions

Thanks very much. Do you have a link to the guide?

They said that the flight has been cancelled.

The airline are saying that I have to confirm a change with them to the new flight and then make a decision whether I want to keep the first leg the same or change it to match the second leg (i.e. close the 35 hour layover they have created by changing the second flight).

They are telling me that I am not entitled to compensation and they are only offering me a change or a refund.

If I confirm the change with them to their new date, and I still ADDITIONALLY entitled to compensation, even though they are telling me that this isn't the case??

Sorry for the questions.

maralions

OK I found the guide and am reading it through.

I am still not sure whether I can claim compensation if I change the first leg of my flight to reduce the layover that has now been caused from their cancelled flight.

Thanks
Sara

JPears

They have cancelled your flight with less than 14 days notice and a 24 hour delay to your original scheduled arrival/departure. I assume Turkey is classed as EU for airlines ( your journey starts in EU anyway) so you are most likely due compensation under reg 261/2004.

JPears

Your legal arguement will probably be stronger if you also delay your first leg as then your whole journey has been delayed as one.
If you decide not to delay your first leg, Turkish Airlines are responsible for your accomodation and living expenses ie food and drink during the layover.
Do NOT believe what the airline tells you regarding compensation. They will procrastinate, misinform you and do everything they can to avoid paying compensation. Remember its a whole plane load of potential compo payable, which is a large sum.

Vauban

One through ticket. Two connected flights. First flight not cancelled; second one is. So airline advises rerouting to minimize layover time. This is done with passenger consent - they could travel on original first flight but choose not too.

So the only flight affected by either a delay or cancellation is the second one - originating outside the EU on a non-EU carrier. This situation analogous to those who have a connecting flight outside the EU, but delay occurs entirely outside first flight.

Bottom line - though others should opine - is that I don't think you have a claim.

maralions

Thanks very much.

So to clarify another confusing point... even though it is the second leg of my flight (from Istambul to Nairobi) that they have cancelled, I am still covered under the EU law as my WHOLE JOURNEY originates in the UK? It was all booked as one journey on one ticket.

Or will they argue that I am not covered for their cancellation as the origin of the cancelled leg is in Turkey, which is not an EU member?

maralions

Vauban wrote: »

One through ticket. Two connected flights. First flight not cancelled; second one is. So airline advises rerouting to minimize layover time. This is done with passenger consent - they could travel on original first flight but choose not too.

So the only flight affected by either a delay or cancellation is the second one - originating outside the EU on a non-EU carrier. This situation analogous to those who have a connecting flight outside the EU, but delay occurs entirely outside first flight.

Bottom line - though others should opine - is that I don't think you have a claim.

Sorry wrote my reply before I saw this.

This is what I'm concerned about.

However, they haven't advised me to change anything about my first ticket - I am still booked to fly on the 2nd and have a layover of about 35 hours. All they have done is sent me an email telling me that my second flight has been 'rescheduled' (actually cancelled) for the 3rd instead of the 2nd.

If I keep the original ticket for the first leg and cope with the layover, will I have a claim?