Hi,
I often see people here claiming that if a flight is canceled due to weather, the passenger isn’t entitled to any compensation. However, the airline is only exempt from compensating the passenger if—and **only if**—they offer re-routing “as soon as possible.”
Here’s what happened: A single booking with Swiss International Air Lines (a Lufthansa subsidiary) for Paris - Zurich operated by Swiss, then Zurich - Puerto Plata operated by Edelweiss Air (another subsidiary).
After arriving in Zurich, the airport was closed for a few hours due to weather, and all flights were canceled. So far, nothing unusual. But Swiss International Airlines really outdid themselves:
Meals and hotel (plus transport to and from): “Figure it out yourselves, but we’ll reimburse you.”
No re-routing offered at the time of cancellation (which is **mandatory** at the **same time**), nor in the following days, even though possible re-routing options existed.
Worse: After 2 days with no information from the airline, the passenger showed up at the airport to demand immediate re-routing (3 hours later) on a flight operated by the same airline that had canceled the original flight, even though the final destination was 6 hours by road from the originally planned airport (Punta Cana instead of Puerto Plata). The airline refused because there was only space left in business class—and thus, the passenger had to pay!!! It’s completely absurd!!! The passenger declined, so the airline refused the re-routing! No other re-routing options were offered.
The next day, the passenger returned, and this time, they were offered—**for the following day**—the exact same re-routing that had been refused the day before (Zurich - Punta Cana)! The passenger accepted.
Arrival at a destination 6 hours by road from the final airport. Complete silence from the airline about the transfer. The passenger had to figure it out alone!
In the end, arrival at the final destination with a 5-day delay.
When the passenger claimed reimbursement for their expenses (nearly 600 €) the day after arrival, it took a month and a half to get the money back.
Swiss didn’t even bother responding to the registered letter requesting compensation. The passenger only received two replies from the parent company (Lufthansa), responding on behalf of its subsidiary, stating that the request should be addressed to its other subsidiary.
The passenger turned to the justice conciliator (a mandatory step before taking the case to court). The airline went silent and didn’t respond to the conciliator, who then issued a report of failure to cooperate.
The passenger took the case to the local court in Aulnay-sous-Bois and sent Swiss their “submissions.” The airline remained silent until less than 48 hours before the hearing. Then, over the phone, the airline’s lawyer verbally agreed to pay the 600 € owed but proposed a reduced settlement for the rest. The passenger refused.
Then, 24 hours before the hearing, the passenger received Swiss’s “submissions,” confirming the previous day’s verbal proposals.
Finally, the hearing took place, and the judgment was received: 600 € in compensation, as provided by Articles 5 and 7 of EU Regulation 261/2004 + 500 € under Article 12 of the same regulation (additional compensation, given how badly Swiss handled things) + 200 € for legal costs (registered letters, preparing the particularly large case file).
All the details of this case (correspondence, justice conciliator, passenger’s submissions, the airline’s submissions, the arguments presented in court, and the judgment) are available here:
https://retardimportantavion.wordpress.com/2024/01/12/reacheminement-catastrophique-droit-indemnisation-meme-circonstances-extraordinaires-2/
In summary:
-Just because a flight is canceled due to weather doesn’t mean the airline is automatically exempt from compensating the passenger.
-In such cases, immediately look for possible re-routing options yourself (same airline or not), stop just before payment, and take screenshots.
-Don’t always blindly believe what the airline tells you.
-Don’t give up: the process is simple and free. But you must follow the templates provided on my website
https://retardimportantavion.wordpress.com without deviating from them.
Best regards,
