FlyerTalk Forums - View Single Post - The 2020 BA compensation thread: Your guide to Regulation EC261/2004
Old Nov 17, 2020, 12:47 am
  #516  
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Originally Posted by Tom London
I understand I have no right to claim consequential losses such as hotel accommodation, because I declined the offer to fly home three days early. I totally accept this. However, as far as I can see, BA cancelled the flight due to commercial reasons. There was no reason not to operate the flight, BA simply chose not to. Based on that, do I stand a reasonable chance of being eligible for EU261 cancellation compensation?
This looks quite similar to other recent cases, so I will refer you to posts 484 and 485. BA won't be paying compensation of their own initiative (unless thiere is yet another policy change) but CEDR should make it happen. I also think you are within your rights to claim for the extra accommodation since it would be difficult to argue that lopping 3 days off your vacation is a reasonable thing to do. In any event the wording of Article 5.1.b doesn't give BA a get out clause. The argument for this is stronger than the argument for the 600€ compensation payment - and from the other threads for MLE and SEZ there are two reports there of BA documenting their willingness to pay right to care. For the compensation component, BA could reasonably offer 300€ since their first offer would have got you home early and thus compensation is halved. Obviously I would still claim for 600€ based on that being an unsuitable return date.
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