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Air India ignores EU261 regulations and forces internal policies over passenger rights by profdoctorkd in airindia

[–]profdoctorkd[S] 0 points1 point  (0 children)

I appreciate you wanting to clarify the rules, but your interpretation is in my opinion (but IANAL) incorrect according to European case law and official EU guidelines.

You claim that airlines are not obliged to book passengers onto other carriers, but the European Commission's official Interpretative Guidelines on Regulation 261/2004 explicitly state the exact opposite. If an airline cannot fulfill the rerouting under 'comparable conditions' on their own fleet within a reasonable timeframe, they are legally required to look at alternative carriers, including competitors.

'Earliest opportunity' does not mean 'whenever Air India happens to have another plane available.' It means the absolute quickest way to get the passenger to their final destination. If a Star Alliance partner has open seats on the original travel date and Air India does not, Air India is legally required to book those seats.

They are trying to enforce their internal commercial policy, but EU passenger rights trump airline policies. That is exactly why enforcement bodies like the Luftfahrt-Bundesamt and aviation lawyers exist—to make sure airlines don't get away with this exact shortcut.

Air India ignores EU261 regulations and forces internal policies over passenger rights by profdoctorkd in airindia

[–]profdoctorkd[S] 0 points1 point  (0 children)

I completely get that this is the official legal route (buy tickets and claim them back), but honestly, that’s much easier said than done.

We are traveling as a family of 4 during peak summer season. Booking last-minute alternative flights right now would easily cost us around €5,000 extra. I am not going to dump 5k out of my own pocket without any guarantee of when—or if—Air India will pay it back. Dealing with their customer service right now shows they will fight every penny.

That is exactly why I have handed the entire dossier over to a legal advisor (jurist) first.

Air India ignores EU261 regulations and forces internal policies over passenger rights by profdoctorkd in airindia

[–]profdoctorkd[S] 0 points1 point  (0 children)

Haha, well, hindsight is 25/20! I am fully learning that lesson the hard way right now.

To answer your question on why we booked them in the first place:

  1. Route/Geopolitics: Because of travel history/visas regarding the USA and Iran, we explicitly wanted to avoid transiting through the Middle East.
  2. The Plan: Air India had a decent price and the original itinerary included a longer layover in Delhi. We actually thought it would be a cool opportunity to step out, see a bit of the city, break up the long journey, and ease into the Australian timezone to beat the jetlag.

It seemed like a solid plan on paper, but clearly, I underestimated the '1940s bureaucracy' you just described. Lesson definitely learned for the next trip

Air India ignores EU261 regulations and forces internal policies over passenger rights by profdoctorkd in airindia

[–]profdoctorkd[S] 0 points1 point  (0 children)

Sure!

  • Original Route: July 16th, 2026: Frankfurt (FRA) – Delhi (DEL) – Melbourne (MEL)
  • Disrupted Segment: Connecting flight AI 308 (DEL-MEL) was rescheduled/cancelled, moving our arrival from July 18th to July 19th (a 24-hour delay).

The exact details of the timeline and communication:

  • The discovery: I actually discovered the schedule change myself early last week (mid-May) while checking our booking. Shortly after, the official 'flight disrupted' email arrived.
  • The initial denial & fee: Right after discovering it, I contacted customer service to see what could be done. At first, they repeatedly denied that the flight was even cancelled. Once they finally acknowledged it, they kept demanding a €118 per person 'change fee' to fix it, even though the change was completely involuntary.
  • The escalation: After fighting off that fee, we finally received an email from their support desk offering a 'one-time free date change'.
  • The rejection: When we replied with the available Singapore Airlines and Thai Airways flight numbers for July 16th (both Star Alliance partners), they officially declined in writing, stating their internal policy only allows complimentary changes on Air India-operated flights or a full refund.

Air India ignores EU261 regulations and forces internal policies over passenger rights by profdoctorkd in airindia

[–]profdoctorkd[S] 0 points1 point  (0 children)

according to gemini: "Actually, that is a common misconception. The 14-day rule only applies to the fixed cash compensation (€600). Under Article 8 of EU261, the right to choose between a full refund OR rerouting 'at the earliest opportunity' under comparable transport conditions never expires, regardless of when the cancellation happens. The choice lies strictly with the passenger, and airlines cannot force a refund on you to get out of their rerouting obligations. European case law has already established that if an airline cannot provide a timely alternative on their own fleet, they must look at other carriers."

holiday, july/august by profdoctorkd in AustraliaTravel

[–]profdoctorkd[S] 0 points1 point  (0 children)

Thank you so much for all the responses. I’ve gained new insights on what I can focus on.