Unless I'm mistaken, if the passenger is notified that their flight is canceled more than 14 days before departure, they're not entitled to anything.
Hello,
Let’s go over the texts (mainly Regulation 261/2004 of the European Parliament and Council) in detail.
Article 5
1. In the event of cancellation of a flight, the passengers concerned:
a) shall be offered assistance by the operating air carrier in accordance with Article 8;
b) shall be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and (2), as well as, in the case of re-routing when the reasonably expected departure time of the new flight is at least the day after the planned departure of the canceled flight, the assistance provided for in Article 9(1)(b) and (c); and
c) shall be entitled to compensation by the operating air carrier in accordance with Article 7, unless they are informed of the cancellation of the flight:
i) at least two weeks before the scheduled time of departure; or
ii) between two weeks and seven days before the scheduled time of departure if they are offered re-routing allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or
iii) less than seven days before the scheduled time of departure if they are offered re-routing allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
It’s important to note that the rights under a) and b) are NOT SUBJECT TO ANY CONDITIONS, unlike the right to compensation defined in c). Therefore, if notified more than 14 days in advance, there’s no right to compensation under c), but the rights under a) and b) still apply. So Articles 8 and 9 apply even if the passenger is informed more than 14 days in advance.
Article 8:
Assistance: right to reimbursement or re-routing
1. Where reference is made to this Article, passengers shall be offered the choice between:
a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant,
- a return flight to the first point of departure, at the earliest opportunity;
b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or
c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger’s convenience, subject to availability of seats.
[...]
Article 9:
Right to care
1. Where reference is made to this Article, passengers shall be offered free of charge:
a) meals and refreshments in a reasonable relation to the waiting time;
b) hotel accommodation in cases where:
- a stay of one or more nights becomes necessary, or
- an additional stay to that intended by the passenger becomes necessary;
c) transport between the airport and place of accommodation (hotel or other).
[...]
They can accept re-routing (if the airline offers it) or request a refund for their ticket.
The phrase "if the airline offers it" leads me to these comments:
Under Article 8, the passenger has the choice between three options. The "Commission Communication" No. 2016/C 214/04, published in the Official Journal of the European Union on 15/06/2016, further clarifies in Article 4.2:
"Re-routing must be offered without additional cost to the passenger, even when passengers are re-routed by another air carrier or by a different mode of transport, or in a higher class, or at a higher fare than that paid for the initial service[...]", which is merely the application of Article 8 of the regulation.
And:
"The air carrier must offer simultaneously the choice between reimbursement or re-routing."
Furthermore,
"Re-routing must be offered without additional cost to the passenger, even when passengers are re-routed by another air carrier or by a different mode of transport, or in a higher class, or at a higher fare than that paid for the initial service[...]", which is again merely the application of Article 8 of the regulation.
And: "The air carrier must offer simultaneously the choice between reimbursement or re-routing."
Moreover, the judgment of the Court of Justice of the European Union of 11 June 2020, Case C-74/19, states:
"Article 5(3) of Regulation No 261/2004, read in the light of recital 14 thereof, must be interpreted as meaning that the fact that an air carrier re-routes a passenger, on the ground that the aircraft carrying that passenger was affected by an extraordinary circumstance, by means of a flight operated by itself and resulting in that passenger arriving on the day after that initially scheduled does not constitute a ‘reasonable measure’ releasing that carrier from its obligation to pay compensation under Article 5(1)(c) and Article 7(1) of that regulation, unless there was no other possibility of direct or indirect re-routing by a flight operated by itself or any other air carrier arriving at a less delayed time than the next flight of the air carrier concerned" [...]
All of the above implies that if the airline fails to meet its obligations, the passenger can formally request that the airline comply. If the airline does not act (no re-routing offered, or re-routing not meeting the "earliest opportunity" requirement), the passenger may purchase another ticket that meets the "earliest opportunity" re-routing requirement, even from another airline, and then claim reimbursement, if necessary, by taking legal action. The sine qua non condition is to cite the CJEU judgment in question to the judge, who will have no choice but to order the airline to reimburse.
Important: The choice between the three options offered by the airline is irreversible. So, if the passenger chooses a refund for their canceled ticket, they lose all right to re-routing and, consequently, any right to reimbursement for a new ticket.
For these reasons, the first thing to do when an airline informs you of a cancellation IS NOT to rush to call the airline. See here:
https://retardimportantavion.wordpress.com/2023/09/29/indemnisation-meme-si-circonstance-extraordinaire-droit-reacheminement-dans-les-meilleurs-delais/If the re-routing causes them to lose or gain days or incur additional costs, that’s on them.
Regarding lost salary days, for legal proceedings in France (unlike other EU Member States), you’re correct. Lost vacation days: you’re also correct. However, under Article 9, expenses incurred while waiting for the re-routing flight, including additional layovers, must be reimbursed upon presentation of receipts, especially since they should have been directly covered by the airline—unless, of course, this wait occurs at home.
Legal proceedings: Contrary to a common misconception, justice in France is free, except, of course, if you hire a lawyer. But when it comes to air passenger rights, there’s no need for a lawyer. You just need to know how to copy and paste from my website.
If you can also use the "European Small Claims Procedure"
https://retardimportantavion.wordpress.com/2021/03/02/procedure-europeenne-de-reglement-des-petits-litiges/ (if your opponent’s headquarters are in an EU Member State different from your country of residence), you should know that it’s a super simplified procedure done by mail. The same text can be used for both the registered letter and the document to be sent to the court. You’ll just need to modify the beginning and the end and fill out Form A.
The only "difficulties" are patience and discipline (not deviating from the templates).
Best regards
