International Journal of Tourism, Travel and Hospitality Law 1|2024

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW (i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or (ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and 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) they are informed of the cancellation less than seven days before the scheduled time of departure and 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. [...] 3. An operating air carrier shall not be liable to pay the compensation provided for in Article 7 if it can prove that the cancellation was due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. [...] " As a reminder, this obligation to compensate passengers in the event of flight cancellation applies in the same way in case of flight delays since the Sturgeon ruling, which held in principle that a delay of more than three hours on arrival in relation to the time initially scheduled is equivalent to cancellation (CJUE 19 Nov. 2009, Case C-402/07, Sturgeon (Cts) v Condor Flugdienst GmbH). The amount of this compensation depends on the flight distance, in accordance with Article 7(1) of this Regulation, which states: "Where reference is made to this Article, passengers shall receive compensation in an amount fixed at : a) 250 euros for all flights of 1 500 kilometres or less; b) 400 euros for all intra-Community flights over 1,500 kilometres and for all other flights between 1,500 and 3,500 kilometres; c) 600 euros for all flights not covered by points a) or b).” However, again pursuant to Article 5(3), the carrier is not obliged to pay the compensation provided for in Regulation (EC) 261/2004 if it "can prove that the cancellation was due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken".

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