Does the EU air passenger rights regulation require rebooking into a higher class, if no seat in the same class are available?

8/25/2018 10:53:20 PM

The regulation says:

Right to reimbursement or re-routing

(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.

IANAL, but "comparable transport conditions" does not include higher classes (for me), so if no economy seats are available on the next flight, then it would still be the earliest opportunity under comparable transport conditions to rebook you on a later flight.

Credit:stackoverflow.com

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