Reply To: Cancelled flight rebooking advice

[Matt]

JDB wrote:

Matt wrote:

@JDB – a warzone will be extraordinary circumstances, but refusing to book you on a possible re-routing is clearly going to fail the all reasonable measures test, when the alternative proposed is 2 days later.

If the cancellation had been closer in then compensation would have been due, but more than 14 days out it’s clearly not due.

@Matt – without knowing all the facts, it’s anyway impossible to say that the OP’s case would fail “the all reasonable measures test” but as no such test exists, it’s a bit immaterial.

JDB wrote:

Matt wrote:

@JDB – a warzone will be extraordinary circumstances, but refusing to book you on a possible re-routing is clearly going to fail the all reasonable measures test, when the alternative proposed is 2 days later.

If the cancellation had been closer in then compensation would have been due, but more than 14 days out it’s clearly not due.

@Matt – without knowing all the facts, it’s anyway impossible to say that the OP’s case would fail “the all reasonable measures test” but as no such test exists, it’s a bit immaterial.

Compensation doesn’t just depend on extraordinary circumstances. Even if there are (as here) extraordinary circumstances, if the airline fails to deploy all reasonable measures to avoid delay then compensation is still due. There are 2 legs to the decision, not just “are there extraordinary circumstances?”

Failing to book on alternative airlines with available seats, in favour of making the passenger wait two days, is a fairly clear case of not taking all reasonable measures.

Apologies, I was referring to the operation of the legislation, not a specifically named legal test, sorry I didn’t make that clear.