NickB

The regulation is crystal clear on this: not giving spontaneously (and not just on request) a written notice as required by Article 14(2) (and which signs on the desk are not as they merely constitute the notice provided for in Article 14(1)) is clearly a breach of the Regulation.
NEBs have the power to sanction airlines for breaches of their obligations under the Reg, including breach of Article 14(2).

As far as individuals are concerned, however, as you say, this won't get them very far.
If one could establish that one has suffered a damage as a result of the failure to notify, then arguably one would have a right to compensation of that damage but it is difficult to see how that could arise.
One consequence of the failure to comply with Art 14(2), though, could be to deprive the airline of the possibility to argue that you have voluntarily accepted alternative arrangements. Other than that, however, I struggle to see what consequence one might derive as an individual from the failure fo the airline to comply with Art 14(2) (or 14(1) for that matter).

corporate-wage-slave

It could go further could it not? For example if someone - unnotified by EC261 - took action off their own steam to buy a rerouted ticket, unaware it was the airline's direct responsibility, could then pass on the cost to the airline? The airlines have that now if they fail/unable to do fulfill this requirement (e.g. due to lack of local staff), and so by and large they do try to head that off where they can, as they did in MUC. But what if the person raising this question wasn't stopped at MUC and had simply done this? Not something BA would enjoy happening I suspect.

NickB

I think it would be one which might be more difficult to argue (in not giving an opportunity to the other party to remedy the breach; potential issues of mitigating your loss too) but, yes, I can see how it could conceivably be argued but Art 15 of the reg would not help you there the way it helps you in the scenario I outlined.

corporate-wage-slave

For the benefit of anyone who thinks this is an arcane discussion point, Article 15 says (extract):

It's actually quite an important protection. If people call on this provision more often, it could be in the airlines' interests to be more proactive in getting it right first time. The weakness is that it refers purely to "compensation", rather than the other key protections of Right of Care and re-routing (etc). But I bet the CJEU would take compensation to be defined in the round, rather than the specific definition.

lorcancoyle

Am I being slow (it's possible ), but is the 1:55 vs 2:05 relevant? Thought for MUC-JFK the cut-off for half rate vs. full rate comp is 4 hours?

I think I was being slow

blue_eyes777

Dear all,

I hope that somebody could assist.

Yesterday, I had a flight (business class) cancelled from Bangalore to Heathrow (Britih Airways).

When I arrived at the airport and checked in, the flight was delayed and then to all intents and purposes cancelled (my ticket stub was stamped cancelled) - though the airline did not admit it was cancelled orally! The flight did not take off and I had a one and a half queue to be told my options which were essentially - "we will call you later".

The flight was originally at 7.00am. Some hours later, I received a call to say that I could be put on an Emirates flight at 8pm that evening with a change at Dubai. I rejected this in favour of a Jet Airways which would leave at 9am the next day and get to Heathrow via a stop in Mumbai.
I was offered accommodation but opted to stay at my place in Bangalore that evening to take the Jet Airways flight

My question is - could I get compensation for what was essentially a cancelled flight?

It was due to technical reasons - a failed oil gauge apparently. It is an EU airline obviously, but the flight did not originate in the EU - so does this mean the flight is not subject to EU rules?

Thank you very much in advance!

corporate-wage-slave

Welcome to Flyertalk blue_eyes777, welcome to the BA forum. It's good to see you here, and I hope you will have an opportunity to see the many other interesting areas of the website.

The BLR to LHR service was indeed cancelled yesterday. From all I'm reading here, you seem to have a robust case for compensation, 600€. The usual problem with declining the rerouting offer isn't going to cause a problem since the EK service would have still got you well over 4 hours late. In a way this is an example of EC261 not working, ideally they would have re-routed you to arrive within 2 hours of the original timing, but from BLR the options are limited.

Anyway, just follow the steps at the top of this thread, I would hope the compensation would follow fairly swiftly.

lorcancoyle

Yes, should be a slam dunk

blue_eyes777

Thanks so much for your prompt friendly replies!

How much compensation do you think is due please?

blue_eyes777

Sorry...you have already supplied the answer!

caz312

as per post 112...the amount is fixed and is no different based on class of service etc

blue_eyes777

Hello again.

Will this template do, or should it be a template classed on extraordinary circumstances. I apologize if I have broken protocol by posting the template below




Delays or cancellations not classed as extraordinary circumstances

Dear Sir/Madam
I am writing regarding flight [flight number] on [date] from [departure airport] to [arrival airport] with the scheduled departure time of [scheduled departure time].
My booking reference is [booking or reservation reference if available]. This flight arrived [number of hours] hours late at [airport] (or) This flight was cancelled and I arrived late on [time and date of arrival].
The passengers in the party were [names of party].
The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.
My scheduled flight length was [number of kilometres – see here if you need to check flight length http://gc.kls2.com/], therefore I am seeking [if less than 1500km: €250, if more than 1500km but less than 3500km: €400, if more than 3500km: €600) per delayed passenger in my party. The total compensation sought is €].
I look forward to hearing from you and would welcome a response in 14 days.,
Yours faithfully,
[passenger name]

corporate-wage-slave

Well you could use that template, but it's a bit over-engineered at this stage in my view. If you follow the process at the start of this thread, just send a note in with your name, flight number, PNR and ticket number, say you were delayed more than 4 hours and you'd like 600€ per EC261 please, that should do in the first instance. The relevant department does not need to given lessons in past case law. You can resort to formality later on.

NickB

I agree. Keep it simple and straightforward to start with.

blue_eyes777

Thanks again for the advice