Do I have to pay supplement to get alternative flight when my return flight was cancelled?

Richie_yip

Hello all,
My return flight from London to China was canceled due to Covid-19. We asked the airline (Air China) about the alternative flight arrangement. But they treated it as a flight change request from a customer and required a supplement of more than 1000 quids. They said they had waived the flight change fees for me as the change is due to the pandemic. Though we claimed it's the airline's obligation to arrange alternative flights for us according to EU regulation 261/2004, they denied it. They said we can apply for a refund but that would be approximately 100 quids. Then we have to buy another ticket ourselves which is now costs more than 1500 quick one-way! As this all happened on the phone, I plan to write an email to complain and demand an alternative flight without paying a supplement. However, the information I got caused a little confusion. 
1. Is the airline obligated to rearrange my flight? 
The Resolver, a platform suggested by MSE, provided the below information.  My questions are, is Covid-19 a natural disaster? Is the airline obligated to rearrange my flight if it's a return flight rather than an outbound flight? 
" Is the airline obliged to rearrange my flight?

Airlines will normally work together to get you home when there's a natural disaster. If your outbound flight has been cancelled, however, the airline is not obliged to rearrange it."

2. Can the airline charge me price differences when I choose to have an alternative flight? Can I insist to have alternative flight without paying? 
This is not clear from MSE or Resolver. 
If anyone can provide any information, it's highly appreciated. 

Richie

Caz3121

The key questions are....what was the routing of the cancelled flight? what was the airline? was it the same airline for the replacement flight?

silvercar

Was your return flight cancelled while you were away? Or before you left home?
Was it a European airline and/ or departing a European airport?

Richie_yip

Thanks for the reply. The airline is Air China. It's a return flight from China to the UK. I was expecting to return to China from London Heathrow in July. I think this routing should be regulated by EU 261/2004. I have added this info in the original post. 

Caz3121

As a non-EU airline on a flight departing from outside the EU, EU261/2004 does not apply
You need to refer to Air China's conditions of carriage

eskbanker

Caz3121 said:

As a non-EU airline on a flight departing from outside the EU, EU261/2004 does not apply
You need to refer to Air China's conditions of carriage

OP's use of the ambiguous term 'return flight' is inconsistent ("return flight from London to China", "return flight from China to the UK", "return to China from London Heathrow") but if the leg concerned is the one from the UK to China then it falls within EC 261/2004.

The regs don't actually explicitly spell out that re-routing isn't to be at the passenger's cost but it seems clear from the guidance at https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm#reimbursement-cancellation-1

• If the airline does not comply with its obligation to offer re-routing or return under comparable transport conditions at the earliest opportunity, it has to reimburse your flight costs.
• If the airline does not offer you the choice between reimbursement and re-routing but decides unilaterally to reimburse your original ticket, you are entitled to an additional reimbursement of the price difference with the new ticket (under comparable transport conditions).

Richie_yip

eskbanker said:

Caz3121 said:

As a non-EU airline on a flight departing from outside the EU, EU261/2004 does not apply
You need to refer to Air China's conditions of carriage

OP's use of the ambiguous term 'return flight' is inconsistent ("return flight from London to China", "return flight from China to the UK", "return to China from London Heathrow") but if the leg concerned is the one from the UK to China then it falls within EC 261/2004.

The regs don't actually explicitly spell out that re-routing isn't to be at the passenger's cost but it seems clear from the guidance at https://europa.eu/youreurope/citizens/travel/passenger-rights/air/index_en.htm#reimbursement-cancellation-1

• If the airline does not comply with its obligation to offer re-routing or return under comparable transport conditions at the earliest opportunity, it has to reimburse your flight costs.
• If the airline does not offer you the choice between reimbursement and re-routing but decides unilaterally to reimburse your original ticket, you are entitled to an additional reimbursement of the price difference with the new ticket (under comparable transport conditions).

You are right. My flight from London to China is the returning leg of my whole reservation. 
Your information is really helpful. I will send the complaint form provided to Air China. I will see what we can get. Thank you for your help! 

silvercar

The airline is obliged to get you home, under EU regulations. The problem is that if they don’t oblige you may need to resort to legal action. Suing them in China for not complying with EU regulations won’t be straightforward, so persuading them that they need to comply is easier.

Richie_yip

silvercar said:

The airline is obliged to get you home, under EU regulations. The problem is that if they don’t oblige you may need to resort to legal action. Suing them in China for not complying with EU regulations won’t be straightforward, so persuading them that they need to comply is easier.

Thank you for your suggestion. That's what I am going to do, though I am still not sure whether it's their obligation to absorb the price difference. No harm to try anyway.    

Voyager2002

silvercar said:

The airline is obliged to get you home, under EU regulations. The problem is that if they don’t oblige you may need to resort to legal action. Suing them in China for not complying with EU regulations won’t be straightforward, so persuading them that they need to comply is easier.

The OP is currently in the UK and needs to get home to China. This could be one of the few cases where the CAA (the British government agency that regulates air travel) might be useful. Otherwise legal action could te taken in a British court and would certainly succeed since the law is very clear, but getting the airline to pay up in a reasonable time might prove challenging.

silvercar

Voyager2002 said:

silvercar said:

The airline is obliged to get you home, under EU regulations. The problem is that if they don’t oblige you may need to resort to legal action. Suing them in China for not complying with EU regulations won’t be straightforward, so persuading them that they need to comply is easier.

The OP is currently in the UK and needs to get home to China. This could be one of the few cases where the CAA (the British government agency that regulates air travel) might be useful. Otherwise legal action could te taken in a British court and would certainly succeed since the law is very clear, but getting the airline to pay up in a reasonable time might prove challenging.

Where are you going to serve notice to Air China?