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The 2020 BA compensation thread: Your guide to Regulation EC261/2004

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Old Jan 1, 2020, 2:30 am
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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

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The 2020 BA compensation thread: Your guide to Regulation EC261/2004

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Old Aug 8, 2020, 2:33 am
  #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:

Baggage allowance, lounge access, Tier points and Avios earned will be based on the cabin of travel not from the original ticketed flight
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Old Aug 8, 2020, 2:44 am
  #347  
 
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Originally Posted by corporate-wage-slave
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.
Thanks. And I'm correct in saying that on redemption tickets, you get the downgrade reimbursement pro rata based on your original Avios/Cash ratios?
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Old Aug 8, 2020, 2:51 am
  #348  
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Originally Posted by rhysflies
Thanks. And I'm correct in saying that on redemption tickets, you get the downgrade reimbursement pro rata based on your original Avios/Cash ratios?
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.
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Old Aug 8, 2020, 3:03 am
  #349  
 
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Originally Posted by corporate-wage-slave
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.
Yes, I'm familiar with that. I'm just wondering if the 75% then applies to both the Avios AND surcharges, or whether the Avios are simply refunded the difference but the 75% applies to the surcharges etc?
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Old Aug 8, 2020, 3:05 am
  #350  
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Originally Posted by rhysflies
Yes, I'm familiar with that. I'm just wondering if the 75% then applies to both the Avios AND surcharges, or whether the Avios are simply refunded the difference but the 75% applies to the surcharges etc?
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.
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Old Aug 22, 2020, 6:33 am
  #351  
 
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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?
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Old Aug 24, 2020, 1:47 am
  #352  
 
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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!
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Old Aug 24, 2020, 1:54 am
  #353  
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Originally Posted by davem4
Now (15 days out) the Sunday flight is canceled and they are offering to move us "at no fee" to the monday flight.
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.
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Old Aug 24, 2020, 1:56 am
  #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?
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Old Aug 24, 2020, 2:14 am
  #355  
 
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Originally Posted by corporate-wage-slave
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.
We could try! Didn't know that they might do hotel costs.

Originally Posted by KARFA
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?
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.
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Old Aug 24, 2020, 2:19 am
  #356  
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Originally Posted by davem4
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.
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.
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Old Aug 24, 2020, 2:20 am
  #357  
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Originally Posted by davem4
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.
Ignore the second email. It's a BA IT issue.
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Old Aug 24, 2020, 2:35 am
  #358  
 
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Originally Posted by corporate-wage-slave
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.
Monday is now 178 pounds, but at time of booking the fare difference existed.
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Old Aug 24, 2020, 2:52 am
  #359  
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Originally Posted by davem4
Monday is now 178 pounds, but at time of booking the fare difference existed.
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.
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Old Aug 24, 2020, 2:53 am
  #360  
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Originally Posted by davem4
Monday is now 178 pounds, but at time of booking the fare difference existed.
It's true you don't get a refund if after a cancellation you get rebooked on a flight where the fare is cheaper. But it's also true (and more important) that you don't have to pay any fare increase if your new flight is more expensive. I can speak from experience that most of the time where I have had to rebook due to cancellations, I have been rebooked on flights where the fare is more expensive than what I originally paid. I would prefer to stick to the existing system tbh where fare differences for your new flights are not relevant.

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.
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