Flight cancelled >14days in advance - Right to use alternate carrier

[insuindi]

This question will have been asked somewhere before, but I cannot find it with the best of my googling efforts.

Specific example/case: I have bookings on Monarch for BHX-MUC return for 2013. If they decided to pull that route during winter, more than 14 days prior to travel, the EU regs only specify a refund or an offer of alternative flights as available.

With Monarch being no network carrier that could get me from BHX to MUC on a different way (if they happen to pull the other UK-MUC routes as well), is anyone aware of any cases/law stipulating that the airline had to rebook pax to another carrier, or is it in fact good enough for them just to simply refund your money and the issue to get from A to B would be for the pax? I know Ryanair does that a lot when pulling routes, but I wouldn;t believe that that is entirely legal, given there was a contract to get your from A to B which seems strange for the carrier simply being able to pull out from by a refund of money?

MAny thanks for your advice.

[davidjohnson6]

During the spring / summer of this year, IAG progressively closed down bmibaby, cancelling flights with significantly more notice than stipulated by EU261. For those whose flights were cancelled, it was made clear on the bmibaby website that passengers would not be offered a booking on BA instead.

If Monarch were to cancel your BHX-MUC flight, but still operate flights from Leeds, Manchester and Luton, it is quite possible that you could request a transfer to fly from one of these other UK airports and make your own UK ground arrangements

[ExXB]

There is no requirement in Regulation 261 that the cancelling airline put you on another carrier's flight(s). I have never heard of either of the two largest LCC's ever doing so (but would love to be proved wrong), although some hybrid airlines who have interline agreements have done so. I don't believe Monarch interlines.

You might have a claim in the courts if your reroute costs exceeds your refund. However you would need deep pockets as any airline would fight such a claim to the very end.

[insuindi]

Thanks both, that's in line with what I know/understand so far.

Seems a big gap in current legislation, as it effectively allows any airline to step back from the transport agreement up to 14 days before departure with no penalty, whilst the pax cannot usually do so.

[ExXB]

Well, there may be a gap as far as LCCs are concerned who offer only one fare product (type).

The legacy airlines would argue that they have a wide choice of fare products from non-refundable to fully flexible, and you chose the one that suited your needs. But these are the guys that will try to rebook or reroute you including on other airlines.

Would we see regulation that would apply only to the LCC model? I don't think that would happen. Neither the Commission nor the Parliament have the balls to single out the Irish and the Orange. So any regulation on this would dumb down the industry to the lowest common denominator - whatever the regulation says will be applied by all.

I think we would be worse off.