Flight cancellation due to airport passenger limitations

Caz3121

Maito said:

 it was the return HEL to AMS 

how many says before the date of that flight were you informed?

Maito

As expected, Finnair are not prepared to refund the replacement flight we were forced to book. They are only offering a refund of the cancelled leg which is significantly less than the new flight ( same route same class but very near departure date and one way only)

eskbanker

Maito said:

As expected, Finnair are not prepared to refund the replacement flight we were forced to book. They are only offering a refund of the cancelled leg which is significantly less than the new flight ( same route same class but very near departure date and one way only)

Putting the earlier discussion about compensation to one side, as pointed out initially it's clear that they are obliged under the regulations to stump up for the new flight, so if that's the final response from their customer services then it looks like you'll need to take it up with CAA:

If the passenger cannot reach an agreement with Finnair Customer Relations, the passenger may contact the local consumer body for inquiries. An Online Dispute Resolution platform has been set up by the European Commission which provides easy access to alternative dispute resolution (ADR). Please note, Finnair is not currently subscribed to an approved ADR scheme therefore neither the ODR platform nor any approved ADR providers will be able to accept your complaint.

You can log your complaint with CAA’s Passenger Advice and Complaints Team (PACT) by completing the online complaint form via the CAA website here. Under the subtitle ‘How to submit a claim to the CAA’ you will need to click on the link ‘Click here to access our online form’. You can then access the CAA’s consumer portal where you can submit your complaint to PACT.

https://www.finnair.com/gb-en/customer-care-and-contact-information/contact-and-request-forms/feedback-and-compensation

although there is the possibility that a chargeback or s75 (credit card only) claim may be viable if you can demonstrate to your card provider that the airline is in breach of contract.  Final option would be small claims....

Grumpy_chap

eskbanker said:

They're also obliged to pay compensation unless the cancellation was "caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken", but if it was an airport decision outside the airline's control then that is likely to waive any liability for the airline. 

When did all this happen?
There was a period when UK and other European Governments were instructing airports to restrict passenger numbers and the airlines had to fall into line.
I don't recall the details as none of it affected me, but I believe it was recently (post all the COVID restrictions).
If that was the case, I suspect the airline would be able to avoid any compensation (but presumably refund original ticket cost).  Not sure whether the respective Government would cover any claims...
Suspect this will be a case for the travel insurance (which may also be able to reject a claim following a Government action).

eskbanker

Grumpy_chap said:

eskbanker said:

They're also obliged to pay compensation unless the cancellation was "caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken", but if it was an airport decision outside the airline's control then that is likely to waive any liability for the airline. 

When did all this happen?
There was a period when UK and other European Governments were instructing airports to restrict passenger numbers and the airlines had to fall into line.
I don't recall the details as none of it affected me, but I believe it was recently (post all the COVID restrictions).
If that was the case, I suspect the airline would be able to avoid any compensation (but presumably refund original ticket cost).  Not sure whether the respective Government would cover any claims...
Suspect this will be a case for the travel insurance (which may also be able to reject a claim following a Government action).

If OP is referring to restrictions this spring, they're widely reported as being caused by staff shortages, with the cap being set to manage security queues, etc, rather than being imposed by the government - I seem to recall reading on here that (in the absence of airline liability) there was some sort of government or airport compensation available to affected passengers through Dublin (during the pandemic) but think that was the exception rather than the rule....

OP did confirm above that the airline was willing to refund the original ticket cost but that was no consolation when the replacement booking was significantly more expensive, so, since the airline is obliged to offer the choice between refund or rebooking, that's why OP understandably wishes to exercise their rights in full.

Maito

Travel was last 2 weeks in March. AMS passenger restrictions were due to be lifted 26/3 but we're extended for 1 month and our impacted flight was 27/3. 

eskbanker

Maito said:

Travel was last 2 weeks in March. AMS passenger restrictions were due to be lifted 26/3 but we're extended for 1 month and our impacted flight was 27/3. 

In which case, it seems that the airline definitely has no liability to pay compensation, as it would have been perfectly reasonable for them to have scheduled flights for after the restrictions had ended, but the airport's decision to extend those would have been well outside the airline's control, and therefore the cancellation would clearly be "caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken [by the airline]".

However, the airline's lack of liability under article 5 doesn't change anything regarding their separate liability to reroute (or fund this) under article 8....