Old Dec 10, 17, 5:33 pm
  #1758  
Tyzap
 
Join Date: Jan 2017
Posts: 64
Originally Posted by jackharpenden View Post
Hello,
As far as I understand it in the case of a flight cancellation within 7 days of the scheduled flight I am entitled to 600 euros in compensation, as the distance is over 3500km and I was forced to depart more than 1 hour before the originally booked flight time. The airline has told me "because you arrived at your destination within four hours of your scheduled arrival time, you’re entitled to €300.00 in compensation, which is 50% of the full amount." On the EU page that details my rights it states "if the air carrier has offered you re-routing and you reach your final destination with a delay of 2, 3 or 4 hours the compensation may be reduced by 50%". I did not arrive at the destination airport with a delay of 2, 3 or 4 hours; I arrived at a different airport about 3 hours BEFORE the originally scheduled arrival time (it did however take me 1 hour by road to reach Baltimore from Dulles airport), but I was very much inconvenienced by having to leave London almost 4 hours before the booked time. My question here is am I entitled to 600 euros or 300 euros?
Many thanks,
Jack
Hi Jack,

I think your understanding of the regulations is correct.

It believe that BA should be compensating you €600 according to article 7 and assisting you according article 8.

This is because article 5 (cancellation) 1(C) applies in your case.

5 1 (C) applies, unless the qualifiers 5 1(C) (i), (ii) and (iii) apply, but they do not.

(iii) fails due to you departing more than 1 hour prior to your scheduled time of departure. (ii) and (i) obviously don't apply either.

Article 7 compensation cannot be reduced by 50%. Only compensation under article 8 can.

If BA will not agree with this interpretation of the rules I would ask for a referral to CEDR.
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