haroon145

Not sure if this has been shared... link below to EU commission interpretive guidelines for Covid-19, a good read

https://ec.europa.eu/transport/sites.../c20201830.pdf

haroon145

Ive posted a link

KARFA

There are a few key documents from the Commission since March, one being being the document published on 18 March and kindly linked to above “Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19”. Section 3 relates to Air passenger rights.

The EU Commission also released a press release on the 18 March https://ec.europa.eu/commission/pres...l/en/IP_20_485

On 13 May the EU Commission issued details of the "Tourism and Transport Package", and section 14 is probably the most relevant https://ec.europa.eu/commission/pres...n/QANDA_20_870

I think for any coronavirus EC261 issue these are probably the most relevant.

rwllr

BA cancelled my return flight 2 days before it was scheduled, and offered an alternate flight 8 hours earlier.
I opted to book a completely new flight with Avios on a different day and request a refund from the travel agent.

When filling out the form for EU261 online I got;
I questioned that this doesn't meet the burden of proof that is required from them. They responded with the following which smells like BS.

Any ideas where I should take it from here?

corporate-wage-slave

If you believe it was not extraordinary circumstances then your two options are to raise a complaint either with CEDR or MCOL. In either case they would have to either provide the Ops log or some other proof of extraordinary circumstance AND all reasonable measures were taken to avoid the cancellation. If it was a departure from LHR this test is a tough one for BA, given the number of idle staff and aircraft.

rwllr

Thanks. This was a return to LHR from LAX, and they operated other flights on that route on that day, which makes it difficult to believe.
Sounds like I won't get further directly and will need to raise the complain then.

corporate-wage-slave

It's very rare - but not unprecedented - for Customer Relations to change their opinion on an EC261 case. So yes, from what you have said, your remedies now lie outside BA.

ajdj

Just thought I'd provide an update on my recent CEDR experience. (All usual timelines were extended given the current situation).

6th May- I filed a claim after BA rejected my initial rights to compensation citing ATC issues and weather. Their final email mentioned CEDR, so off I went.
25th May- CEDR agreed that my complaint fell within their scope and agreed to proceed.
14th August- BA provided their defence (they were very close to the CEDR deadline on this). Various attachments including a weather report, Flight Log, Ops Data etc. They continued with ATC and weather defence.
17th August- I submitted a response. I provided a Met Office report showing the weather issues related to the previous day. The Ops data showed no ATC restrictions affecting my flight. The Flight Log timings confirmed the aircraft doors were closed late and we therefore departed late, never recovering the time in flight. I subsequently missed my onward connection(s) and arrived 24 hours late to my final destination. The Flight Log also contained a delay code which when researched showed it related to the closure of cargo door (which the pilot clearly communicated at the time).
10th September- An adjudicator at CEDR was appointed
1st October- I received a decision from CEDR awarding me 600 Euro per passenger:

"Having considered the evidence, I find that the customer’s account of what the pilot said during the delay, the delay code provided on the OPNL Legs Report, and the passenger’s correct assertion that the majority of evidence supplied by the company is not applicable to the scheduled arrival time of the Flight, undermines the airline’s defence. In view of this, I cannot find on the balance of probabilities that the Flight was delayed by extraordinary circumstances that could not be avoided even if all reasonable measures had been taken. Therefore, the passenger’s claim for compensation succeeds".

2nd October- Message from BA in the CEDR portal requesting bank details (they were given 20 days to pay up in the decision file).

Hopefully the timeline helps anyone currently in the process or considering it in the near future. The portal was easy to use and I received emails when there was an action from either side. It did take a few hours to read, compile and submit a response to BA's defence. I now know more about flight logs than I ever thought I would!

wilko1

A quick question please, whether EC261/2004 to my flight.

I have a HRE-JNB-LHR flight booked with British Airways, with a BA e-ticket, all with BA flight codes but the HRE-JNB flight was operated by Comair who have a franchise agreement with BA and only sell their flights as 'British Airways'. This flight was cancelled more than 14 days in advance. BA are refusing to re-route me.

Does the EC261/2004 apply to my flight (and therefore I be eligible for the rerouting protections)? It is through-ticketed so I believe is seen by the regulations as a HRE-LHR flight. I also believe that because of CS and others v České aerolinie a.s , although the first flight was due to be operated under franchise by Comair, the 'operating carrier' is seen as the carrier with whom I have the contract of carriage ie BA. Indeed, my journey appears to be the České aerolinie case in reverse.

Does this seem right? Have there been any cases of people arguing this?

corporate-wage-slave

Yes, and my earlier answer is here:
https://www.flyertalk.com/forum/32697606-post3925.html
But as mentioned, I think you best leave it for a few more weeks, then look at the options.

wilko1

Thanks. Do you know if there any precedents/cases I can point to? It can't be that uncommon an occurrence.
BA have made it clear they would only book me on oneworld - even if a South African/Airlink/other flight has an interline agreement and/or can be through ticketed (as is currently the case with an Airlink flight on the same day), they will not (and have completely refused to) book me on it. They are just asking where I want my refund sent. I am therefore sending them the sternest of letters, but don't want to quote EC261/2004 left right and centre if it is not applicable!

corporate-wage-slave

You are into precedents after the event, but since this is a trip to the UK then it is covered by EC261, the operating airline, though, is Comair, which complicates matters. What isn't in question is that your contract is with BA, so if BA can't find another route for you then you will be able to pursue BA after the event for any relevant losses you suffer, provided you don't refund your ticket. BA do rebook on to other airlines, in two circumstances - for short notice cancellations, and for when a Customer Guidance is issued. In both scenarios you are currently asking too far in advance of travel. It would not surprise me if you have to deal with this after travel, the contact centres are too restricted in what they can do in cases like this.

wilko1

I don't think that is too much of a starter: BA have quoted their terms and conditions of carriage at me, which state that in the event of cancellation, unless other laws apply, BA's liability is limited to a refund or rerouting on BA only. Whether EC261/2014 applies is therefore central to any claim against BA.

corporate-wage-slave

That wasn't the point I was trying to make: if you end up out of pocket due to BA's / Comair's failure to help you, then while Comair is the operating airline, it was BA that would pay anything back to you, so you wouldn't be taking Comair to MCOL. Moreover the contract with BA was essentially to get you from A to B to A, with EC261, IATA, Montréal and the CRA there to help clarify that aspect. But to stress, this is all post event. Pre event you need to have further goes at getting BA to re-route you, recording your attempts to do so, best done much nearer to departure time than this, since a lot can change.

perkerkeem

If my class of service is downgraded well in advance, when do I request the 75% compensation? Do i need to actually fly the segment (and thus float BA the points/taxes I know they owe me in the future) before requesting the 75% refund or can I call in advance to request the refund of points?