Last edit by: Prospero
The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019
Link to Text of the regulations in PDF format
Downgrades: Mennens case - calculation formula is in this post
787 cancellations due to Trent engine issues - CEDR ruling information from the post in the 2018 thread and onwards.
For the 2019 thread:
https://www.flyertalk.com/forum/british-airways-executive-club/1948451-2019-ba-compensation-thread-your-guide-regulation-ec261-2004-a.html
Link to Text of the regulations in PDF format
Downgrades: Mennens case - calculation formula is in this post
787 cancellations due to Trent engine issues - CEDR ruling information from the post in the 2018 thread and onwards.
For the 2019 thread:
https://www.flyertalk.com/forum/british-airways-executive-club/1948451-2019-ba-compensation-thread-your-guide-regulation-ec261-2004-a.html
The 2020 BA compensation thread: Your guide to Regulation EC261/2004
#346
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Not under EC261.
BA do usually issue route guidance for cabin closures on specific routes which may allow for this. However, unless there is something issued to the contrary, the standard BA guidelines for cabin closures do state:
BA do usually issue route guidance for cabin closures on specific routes which may allow for this. However, unless there is something issued to the contrary, the standard BA guidelines for cabin closures do state:
Baggage allowance, lounge access, Tier points and Avios earned will be based on the cabin of travel not from the original ticketed flight
#347
Join Date: Sep 2018
Programs: BA/VS Gold
Posts: 276
No, there isn't, not via EC261. However contract law and the CRA almost certainly protects the passenger in this area. BA is generaly OK to protect luggage allowance with downgrades, if you call the contact centre they can put a note on the PNR which in most cases resolves issues. On blanket First removals they have sometimes (not always) given CCR provision.
#348
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In the past BA has simply refunded the difference, which it will do immediately over the phone, however EC261 has something called the Mennens Formula which goes pro-rata on the specific downgrade percentages (up to 75%). This is relevant in the context of redemptions having carrier surcharges. More details in the Wiki.
#349
Join Date: Sep 2018
Programs: BA/VS Gold
Posts: 276
In the past BA has simply refunded the difference, which it will do immediately over the phone, however EC261 has something called the Mennens Formula which goes pro-rata on the specific downgrade percentages (up to 75%). This is relevant in the context of redemptions having carrier surcharges. More details in the Wiki.
#350
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Both are refunded at 75% (depending on circumstances), but have a look at the wiki for the details and worked examples, since it isn't straightforward.
#351
Join Date: Aug 2015
Posts: 447
Not a compensation question, but has anyone had any luck in getting BA to reimburse alternative flight bookings?
I've found myself having to pay €200+ to rebook a one-way a couple of times now after BA cancelled a redemption booking just weeks before departure. The law couldn't be any clearer, but they seem to completely ignore that. Has anyone tried MCOL for this recently?
I've found myself having to pay €200+ to rebook a one-way a couple of times now after BA cancelled a redemption booking just weeks before departure. The law couldn't be any clearer, but they seem to completely ignore that. Has anyone tried MCOL for this recently?
#352
Join Date: Feb 2004
Location: BNE / LHR
Programs: QF Gold
Posts: 1,601
Flying from KRK-LHR, was booked on a sunday 12 people at 65 per person.
We were considering staying an extra night as monday flight was 21 per person, but people wanted to go to work.
Now (15 days out) the Sunday flight is canceled and they are offering to move us "at no fee" to the monday flight.
Has anyone had any experience with BA to offer some compensation in this situation? 500 pounds is a huge amount!
We were considering staying an extra night as monday flight was 21 per person, but people wanted to go to work.
Now (15 days out) the Sunday flight is canceled and they are offering to move us "at no fee" to the monday flight.
Has anyone had any experience with BA to offer some compensation in this situation? 500 pounds is a huge amount!
#353
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You have no recourse on time change under the Regulation in that changes more than 2 weeks off are allowed without compensation, I presume BA are offering refunds as an alternative to taking the new schedule. You could try to reclaim any hotel costs for Sunday through to Monday, there is provision in the Regulation for this, and on occasions BA have simply paid for this after the event. They won't agree to it before the flight. It's also possible they will decline to pay it, on the basis that 2 weeks notice was given, but they won't have an overwhelming case for that, you may well succeed in any MCOL case.
#354
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For a cancellation which you are informed of at least two weeks out you wouldn’t be due any compensation.
Is the Ł500 related to extra hotel costs? I am just wondering whether duty of care is actually what you are after?
Is the Ł500 related to extra hotel costs? I am just wondering whether duty of care is actually what you are after?
#355
Join Date: Feb 2004
Location: BNE / LHR
Programs: QF Gold
Posts: 1,601
You have no recourse on time change under the Regulation in that changes more than 2 weeks off are allowed without compensation, I presume BA are offering refunds as an alternative to taking the new schedule. You could try to reclaim any hotel costs for Sunday through to Monday, there is provision in the Regulation for this, and on occasions BA have simply paid for this after the event. They won't agree to it before the flight. It's also possible they will decline to pay it, on the basis that 2 weeks notice was given, but they won't have an overwhelming case for that, you may well succeed in any MCOL case.
---
Anyway there is now a spanner in the works!
Saturday 22nd August - Your flight on 06th September is cancelled ! (15 days out) - Your flight is cancelled
Sunday 23rd August - "please prepare for your flight on the 06th of September" (New covid safe policy) (14 days out) - Your flight is on?
Wonder how that will play out for compensation? BA have advised I'm flying the 06th.
#356
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Saturday 22nd August - Your flight on 06th September is cancelled ! (15 days out) - Your flight is cancelled
Sunday 23rd August - "please prepare for your flight on the 06th of September" (New covid safe policy) (14 days out) - Your flight is on?
Wonder how that will play out for compensation? BA have advised I'm flying the 06th.
Sunday 23rd August - "please prepare for your flight on the 06th of September" (New covid safe policy) (14 days out) - Your flight is on?
Wonder how that will play out for compensation? BA have advised I'm flying the 06th.
For the fare difference, if it makes sense you could always ask for a refund and rebook, if the economics show this. However it would then deny you Right to Care for the Sunday night.
#357
Ambassador: Emirates Airlines
Join Date: Sep 2004
Location: Manchester, UK
Posts: 18,606
We could try! Didn't know that they might do hotel costs.
Moreso that we booked the premium sunday departure and now are being thrown on the cheaper monday flight. 65 vs 21 cost, times 12 passengers = 528 pounds BA got though this underhanded practice.
---
Anyway there is now a spanner in the works!
Saturday 22nd August - Your flight on 06th September is cancelled ! (15 days out) - Your flight is cancelled
Sunday 23rd August - "please prepare for your flight on the 06th of September" (New covid safe policy) (14 days out) - Your flight is on?
Wonder how that will play out for compensation? BA have advised I'm flying the 06th.
Moreso that we booked the premium sunday departure and now are being thrown on the cheaper monday flight. 65 vs 21 cost, times 12 passengers = 528 pounds BA got though this underhanded practice.
---
Anyway there is now a spanner in the works!
Saturday 22nd August - Your flight on 06th September is cancelled ! (15 days out) - Your flight is cancelled
Sunday 23rd August - "please prepare for your flight on the 06th of September" (New covid safe policy) (14 days out) - Your flight is on?
Wonder how that will play out for compensation? BA have advised I'm flying the 06th.
#358
Join Date: Feb 2004
Location: BNE / LHR
Programs: QF Gold
Posts: 1,601
The "please prepare" notifications aren't the same as other communications, and won't be accepted as such by MCOL or CEDR. As it stands a quick check on BA.com will tell you there is no flight on Sunday 6 September, but there is a (rather busy) flight on Monday 7 September.
For the fare difference, if it makes sense you could always ask for a refund and rebook, if the economics show this. However it would then deny you Right to Care for the Sunday night.
For the fare difference, if it makes sense you could always ask for a refund and rebook, if the economics show this. However it would then deny you Right to Care for the Sunday night.
#359
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That won't be under EC261 jurisdiciton, since it just covers the nuts and bolts of travel itself rather than ticketing fairness. So any remedy would have to be elsewhere, based on contract law and/or the Consumer Rights Act, but the fact that BA will offer a refund on the original fare, plus you were at liberty to book that other fare at the time, means, I suspect, that this aspect isn't going anywhere.
#360
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I don't see any sense that BA are cancelling flight to force people on to flights which have a lower fare. In fact, if you think about this it wouldn't be of any benefit to BA to cancel flights for this reason.