FlyerTalk Forums - View Single Post - The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Old May 27, 2017, 10:43 am
  #497  
plunet
 
Join Date: Jan 2016
Location: LON
Programs: BAEC
Posts: 3,918
Originally Posted by RandomStan
I'm surprised no-one has yet posted on this thread today, given the complete meltdown at BA this Saturday!

Anyway - I couldn't find a straight answer, but how does EC261 apply to holidays booked via ba.com?

My family and I made two separate bookings for flights to Hong Kong, bundled with hotel rooms for our respective stays.

My mum and sister have their fingers crossed, and might hopefully be rebooked for travel tomorrow.

I will have to cancel, as my stay was only two nights, now reduced to one.

In terms of rebooking and/or outright cancellation, does EU261 still apply given the hotel element, and can we each claim a maximum of €600? Or do we forfeit this with a rebooking or cancellation?

Cheers for the info. Really bad timing - we were actually flying back for a family emergency, but I imagine people like myself and Bank Holiday-goers are more than a little p'eed off at the whole situation and near-complete lack of timely and useful updates...
Sorry to hear of your travel woes RandomStan

I'm not an expert, but it is my understanding that EU261 stands on its own with regard to the flight disruption so if you arrive later than the delay criteria in EU261 you should be due compensation even if you end up abandoning your trip - although be aware that there are some data points in the Sat 27 May disruption thread that BA are making some noises that the root cause it might be an "act of god" and hence compensation would not be automatically due. The BA Holidays T&Cs have the following Section 8:

8. Changes or cancellation by us
8.1. It is unlikely that we will have to change or cancel your booking. If we do make changes then we will inform the person who made the booking as soon as we reasonably can. We reserve the right to make changes that are not significant and to correct minor or obvious errors in your booking details at any time without liability to you.

8.2. We will take reasonable steps to avoid having to cancel your booking. In the unlikely event that we are to cancel your booking we will notify you and we will provide a full refund.

8.3. We are only liable to you for cancellations or significant changes to your booking by us. A significant change is one that we make to your booking before your departure that affects an essential term of your contract. Examples of a significant change includes changes by us to:

your destination area;
your booked accommodation to that of an alternative property of a lower rating;
your departure times or accommodation occupancy periods by more than 12 hours.
increase the package price by more than five per cent (in respect of a Package as defined in clause 1.4).

8.4. Where your booking includes accommodation and/or a flight please note that the following is not a significant change:

A change of rating for the accommodation where the quality of the accommodation has not changed significantly since the time of the booking and the facilities are substantially as set out on our website or equivalent;
A change in the accommodation where substitute accommodation is offered in a similar location and at least equivalent quality (at no additional cost to you);
A change in the particular type of room booked where the substitute room is of at least equivalent quality.
A change to your flight departure time(s) where the revised or substitute departure time is less than 12 hours difference to the departing time.

8.5. We are not liable to pay you compensation even for significant changes to your booking if Clause 11.3 applies.

8.6. If we make a significant change to your booking then, whether compensation is payable or not, you have a choice. You may:

accept the significant change; or
accept substitute arrangements of equivalent or superior quality if we are able to offer this to you; or
accept substitute arrangements of lower quality if we are able to offer this to you together with a refund of the difference in price between the original and the substitute arrangements; or
cancel your booking altogether, in which case we will process a refund in full of all money you have paid us for the booking within 7 days of your request.

8.7. You must tell us which one of the above choices (under Clause 8.6) you make within 7 days of being informed of the significant change we are making, or as soon as reasonably practicable if your departure is less than 7 days from the date you receive notification. If we do not receive notification from you about your choice you are deemed to have accepted the option in Clause 8.6(1) above.

8.8. Unless Clause 11.2 applies, you agree that if a significant change is made to your booking, whichever choice you make under Clause 8.6 above, we will only pay you for losses which may fairly and reasonably be considered as arising naturally (that is, according to the usual course of things) from the significant change we make.


I'm not sure if this helps, but finding the BA Holidays T&Cs is a bit of faff on the BA website.

Last edited by plunet; May 27, 2017 at 10:51 am
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