The airline says ‘you were informed in good time’: what does the reply mean?

How a schedule change itself is assessed is covered in our article on flights moved in advance. Here the subject is the reply: has the airline shown that you got notice in time?

Two things must be proved. That you were informed, and when (Article 5(4)). Writing that an email was ‘sent’ is not enough.

This concerns cancellations. The Article 5(1)(c) deadlines apply when a flight is cancelled. A departure time postponed by less than three hours, with no other change, is not a cancellation even if you were told several days ahead (Court of Justice, Case C-395/20, paragraphs 20-23). Bringing a flight forward by more than one hour does count as a cancellation (Joined Cases C-146/20 and others).

For a cancelled flight, Article 5(1)(c) gives passengers the right to compensation from the operating air carrier ‘unless’ one of three alternatives applies.

(i) they are informed of the cancellation at least two weeks before the scheduled time of departure.

(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.

(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.

The airline may also avoid compensation by proving extraordinary circumstances under Article 5(3). That is a separate test, see when the airline cites extraordinary circumstances.

It is common for the airline to say it informed you ‘in good time’ by sending the notice to the intermediary. That is not enough in itself. In Case C-302/16 (Krijgsman) the airline had informed an online agency in good time, but the agency passed the notice on only ten days before the flight. The Court held that the airline had to pay compensation where the passenger was not informed at least two weeks before departure, even though the agency had been told in time (paragraphs 25-27).

The exception is express authorisation. If you expressly authorised the intermediary to receive the airline’s notices, and the airline knows it, a presumption of notice under national law may be possible (C-263/20, paragraph 44). That is different from a booking site simply having your email address.

The Court confirmed this in an order where the airline used an email address that was probably generated automatically by the agency. It did not matter that the airline did not know about the intermediary (Case C-307/21, paragraphs 26-27).

The test is detailed: days, intervals, recipients and proof. We know the rules and assess each case on its own. Once you have submitted your claim and accepted the General Terms, Airlate takes on the hassle with the airline. We do not give up at the first hurdle: if the assessment holds, we take the case further. What Airlate charges is set out in the Fee Policy.