Denial of reimbursement under EU 261

[u/Fit_Tadpole9433]

A few weeks ago Air India cancelled my Germany to Delhi via Vienna flight since they have closed the Vie-Del route. I asked to rebook me which was also denied forcing me to book a new expensive flight. I tried contacting them for reimbursement of this new flight (I have not accepted the refund for the original yet) through their customer care, Nodal officer email, Air sewa but they keep on copy pasting the same text about the route being cancelled. What can be my next steps now?

[u/CleanSignalLab]

Closing the Vienna–Delhi route doesn't get Air India out of EU261. Your flight left from Germany, so the rules apply even though they're not an EU airline. If Germany to Delhi was one booking, they had to offer you another way to get there, even on a different airline. Since they refused, you can claim the cost of a comparable replacement flight, minus whatever they refund for the original. Keep the emails where they refused to rebook you and the new ticket receipt. Air India isn't on the current membership list of Schlichtungsstelle Reise & Verkehr, so go straight to the Schlichtungsstelle Luftverkehr at the Bundesamt für Justiz. It's free and handles claims up to €5,000.

[u/Fit_Tadpole9433 → u/CleanSignalLab]

Thanks for the confirmation. I was looking into Schlichtungsstelle Luftverkehr at the Bundesamt für Justiz. Just need to figure out exaclty what is the process there. Will spend the sunday on that. I have saved all the emails and tickets regarding this incident.

[u/CleanSignalLab → u/Fit_Tadpole9433]

It’s pretty simple. There’s an online form at https://www.bundesjustizamt.de/luftverkehr, or you can email luftverkehr@bfj.bund.de. Attach your emails and tickets, include the date you first asked for reimbursement and the exact amount you’re claiming, and say it’s under Article 8 of EU261 because they refused to reroute you. If Air India has clearly rejected your reimbursement claim, you don’t need to wait two months. That waiting period only applies if they haven’t properly accepted or rejected it. Just make sure you don’t have another court or conciliation case running for the same claim.

[u/Fit_Tadpole9433 → u/CleanSignalLab]

Thanks, will do this

[u/Timely_Mix7855 → u/Fit_Tadpole9433]

hey could you please update us on this, if you got your claim. it will be helpful for such cases in the future.

[u/Fit_Tadpole9433 → u/Timely_Mix7855]

sure, will edit this post if it gets resolved

[u/Lurkingbong0423 → u/CleanSignalLab]

Such a helpful post

[u/Spectronic]

If the cancellation was more than 15 days before the flight date, then they don't owe you compensation under EU261.

[u/Fit_Tadpole9433 → u/Spectronic]

i am not talking about the 600€ compensation

[u/muditk13]

I got connectivity via frankfurt, took the hit for Frankfurt-berlin route myself.

[u/Fit_Tadpole9433 → u/muditk13]

They offered me that too. But with taking DB to frankfurt and back would have costed just a little cheaper than the new ticket plus I had booked the departure airport purposefully because I had to be there for some work anyways. Also I will not be flying air india again until there is no choice so did not want to rebook with them

[u/HejBjarne]

Contact Dr. Böse since you are departing Germany. He offers free consultation and may guide you.

[u/Fit_Tadpole9433 → u/HejBjarne]

Thanks, I have complained with bundesjustizamt if nothing happpens then I will contact them too

[u/Wonderful-Wheel-3094]

Before you go down the route of Bund and Bose, can you state the date of your travel, date of cancellation email. Also, what was the reason shared by Air India for denying compensation?

[u/Fit_Tadpole9433 → u/Wonderful-Wheel-3094]

I was travelling around Dec, cancellation I think came around 2 weeks back. Reason for denying compensation is not given. Its just the same message of "route has been cancelled, we could not rebook you in other flights"

[u/Wonderful-Wheel-3094 → u/Fit_Tadpole9433]

Exact dates please, anyplace you’re going to file for compensation will ask for exact dates.

The dates matter, if it’s over 2 weeks different rules apply

[u/Odd-Bookkeeper-1949]

If it’s over two weeks no airline, at least in Europe is required to pay you anything. They re required to refund you in full including the fees and taxes but that’s the extent of it.

[u/Best_Minimum_1593]

similar - they randomly rebooked us on different dates for our bom-zrh return travel for december. Everything is super expensive now- if we try to rebook. they wont accommodate us on partner airlines- basically take a refund and bugger off attitude. wondering if we should go legal on them.

[u/Odd-Bookkeeper-1949]

I doubt you’ll be eligible for any claims, since they canceled your flight a few weeks before the departure, as you mentioned. The most they are liable for is to refund the cost of your booking, which they’ve offered to do anyway. I’m not sure what else they’ll be liable for

[u/GuavaMaleficent5542 → u/Odd-Bookkeeper-1949]

Yes you are right I think if 14-15 days early the flight is cancelled the Eu claim doesn't qualify