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BA CPT-MAD/BCN return in F for 667 - Biltong (now dead)

BA CPT-MAD/BCN return in F for 667 - Biltong (now dead)

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Old Oct 15, 18, 7:40 am
  #76  
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Originally Posted by rapidex View Post
In the scenario I envisage, BA reacts in their normal methodical manner, some tickets get cancelled at 1 weeks notice. Cedr might think that was unreasonable and make BA pay up.
Beg your pardon for my ignorance, what is CEDR?

Last edited by paffendorf; Oct 15, 18 at 2:53 pm
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Old Oct 15, 18, 7:42 am
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Originally Posted by paffendorf View Post
Beg you pardon for my ignorance, what is CEDR?
A mediation service
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Old Oct 15, 18, 7:43 am
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Originally Posted by ironmanjt View Post
Every day is a bit closer to my departure in two weeks

Shockingly F is completely sold out in both directions from JNB....
have you booked positioning flights yet?
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Old Oct 15, 18, 7:53 am
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I guess there are not that many tickets sold, maybe 40 as I may gable the numbers, based on some blogpost here and there and the short timeframe it was bookable. I guess BA will leave us happy or cancel. Don't make a big deal if they cancel and come with all laws etc. to defend the cancallation.

We all know this sale could be made by the intern who just made it a little to cheap

As we all know, there will be always a next big sale to keep our feets from the ground!
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Old Oct 15, 18, 8:30 am
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Originally Posted by ottorockit View Post
I guess BA will leave us happy or cancel.
However did you come to that conclusion...?!
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Old Oct 15, 18, 8:50 am
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Originally Posted by Deltus View Post
have you booked positioning flights yet?
No need....I'm in JNB already
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Old Oct 15, 18, 9:56 am
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Originally Posted by Filthy Monkey View Post
However did you come to that conclusion...?!
:P
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Old Oct 15, 18, 2:12 pm
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Originally Posted by Airprox View Post
EC261/04 relates to flights being cancelled, not someone having their ticket cancelled on a flight that is operating.
If the ticked is involuntarily cancelled, this may count as a case of denied boarding.
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Old Oct 15, 18, 2:13 pm
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Originally Posted by Some person View Post
If the ticked is involuntarily cancelled, this may count as a case of denied boarding.
if a ticket is cancelled as a mistake fare isn't it deemed ex tunc in relation to EC261?
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Old Oct 15, 18, 2:25 pm
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In the definitions of EC261, a ticket is defined as:
"‘ticket’ means a valid document giving entitlement to transport, or something equivalent in paperless form, including electronic form, issued or authorised by the air carrier or its authorised agent;"

I suspect the airline may regard these tickets as "invalid", particularly if the ticket is also refunded in full. This a fairly complex area, and there are potential legal avenues to pursue, but it's non trivial and for EC261 specifically I'm not aware of a successful case. I wouldn't take much for granted here in any direction.
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Old Oct 15, 18, 2:36 pm
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I guess the only other question would be for those who have trips coming up shortly and have to book positioning flights. Would the airline or the Courts look favourably on a person demanding a refund for a non-refundable positioning fare if this deal was cancelled afer a period of say 7+ days ?

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Old Oct 15, 18, 2:36 pm
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Originally Posted by corporate-wage-slave View Post
In the definitions of EC261, a ticket is defined as:
"‘ticket’ means a valid document giving entitlement to transport, or something equivalent in paperless form, including electronic form, issued or authorised by the air carrier or its authorised agent;"

I suspect the airline may regard these tickets as "invalid", particularly if the ticket is also refunded in full. This a fairly complex area, and there are potential legal avenues to pursue, but it's non trivial and for EC261 specifically I'm not aware of a successful case. I wouldn't take much for granted here in any direction.
​​​​​​​I agree... it's a complex grey-area. For sure, there's space for different interpretations.
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Old Oct 15, 18, 2:38 pm
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Originally Posted by Pilot37 View Post
I guess the only other question would be for those who have trips coming up shortly and have to book positioning flights. Would the airline or the Courts look favourably on a person demanding a refund for a non-refundable positioning fare if this deal was cancelled afer a period of say 7+ days ?

Pilot37
even because positioning flights in this specific case could be definitely not cheap.
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Old Oct 15, 18, 3:55 pm
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Originally Posted by paffendorf View Post
I agree... it's a complex grey-area. For sure, there's space for different interpretations.
I wish that as well since I had bought 450 EUR A-Class from JNB-BCN via LHR, though I don't think there is too much interpretation space here:

This Regulation establishes, under the conditions specified herein, minimum rights for passengers when:
(a) they are denied boarding against their will;

Article 2
(j) "denied boarding" means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation;

Article 3
1. This Regulation shall apply:
(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.
2. Paragraph 1 shall apply on the condition that passengers:
(a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in, - as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent, or, if no time is indicated,
- not later than 45 minutes before the published departure time; or
(b) have been transferred by an air carrier or tour operator from the flight for which they held a reservation to another flight, irrespective of the reason
Flight cancellation wouldn't apply in case normal op.
The only possiblity to apply EC261 in this case if you presented yourself at check-in desk while having valid etix - so just hope that BA doesn't cancel the etix before you show up in the airport (e.g. today or tomorrow).
I booked my flight for May 2019 so that's still long time and I won't expect BA would honor this, but in case they would, good for me: 250 TP and almost 20k Avios.
But since I flew ex JNB only, and given the Brexit status at the moment, I believe that in case of No-Deal Brexit, BA wouldn't even count as Community Carrier as Article 3(1b) anymore.
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Old Oct 15, 18, 3:56 pm
  #90  
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Originally Posted by Pilot37 View Post
I guess the only other question would be for those who have trips coming up shortly and have to book positioning flights. Would the airline or the Courts look favourably on a person demanding a refund for a non-refundable positioning fare if this deal was cancelled afer a period of say 7+ days ?

Pilot37
My A level contract law says no as the reservation is totally unrelated and a frequent traveller must have had an inclination that something was Wrong with the fare and there was speculation online of the possible outcomes.

Someone else may may say otherwise.
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