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
#451
Join Date: Sep 2014
Location: DFW or GOT or...
Programs: BA Silver, Marriott GFL
Posts: 817
So I have at last (not that I wanted it) an itinerary that in my eyes appear to qualify for EC261, let's see if the hive mind can confirm:
I had my return booked as
09Nov DFW-LHR 2215-1315(10Nov)
11Nov LHR-CPH 0855-1150
Both on BA and one ticket
On 27Oct DFW-LHR changed (same flight) to 2005-1105 (-2h10min)
On 30Oct LHR-CPH was cancelled and replaced by 1410-1700 (arriving 5h 10min later than originally)
I expect to file for the late arrival. I don't feel it is even worth bothering with the earlier departure, but would I have been entitled to anything if I had?
Many thanks,
LcS
I had my return booked as
09Nov DFW-LHR 2215-1315(10Nov)
11Nov LHR-CPH 0855-1150
Both on BA and one ticket
On 27Oct DFW-LHR changed (same flight) to 2005-1105 (-2h10min)
On 30Oct LHR-CPH was cancelled and replaced by 1410-1700 (arriving 5h 10min later than originally)
I expect to file for the late arrival. I don't feel it is even worth bothering with the earlier departure, but would I have been entitled to anything if I had?
Many thanks,
LcS
#452
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,722
Why don't you ask to rebook the CPH flight to 10 November, since the connection is now valid? If you don't then I suspect BA may point that out, and at the very least regard LHR-CPH as a standalone trip, with 250€ at stake.
#453
Join Date: Oct 2018
Location: London, UK
Programs: BAEC
Posts: 3,438
I know what the answer is likely to be but here goes.
I’ve just had my NQY flights cancelled 13 days before departure. It’s a domestic route and I can’t see any reason other than commercial reasons as to why this was cancelled. They were also due to operate daily subsidised flights under a Government agreement. Any grounds for compensation?
I’ve just had my NQY flights cancelled 13 days before departure. It’s a domestic route and I can’t see any reason other than commercial reasons as to why this was cancelled. They were also due to operate daily subsidised flights under a Government agreement. Any grounds for compensation?
When BA cancelled my flight on 23rd October, there were no restrictions affecting domestic travel in London or Cornwall. Hence, I had a leg to stand on for compensation.
However, it seems the new lockdown measures will be brought in from Thursday 5th November (the day of my cancelled flight!). I have a feeling BA will now cite this as the reason for cancellation, which I agree is an extraordinary circumstance.
However, it is crucial to note that when they cancelled my flight, it was a commercial decision and not due to lockdown or any other extraordinary restrictions.
Do I still have a case or will everyone vote in BA’s favour because we will be in a lockdown on the date of the cancelled flight?
#454
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,880
I don’t see your case has changed at all. What is relevant are the reasons for cancellation when it was done, not what happens subsequently.
#455
Join Date: Oct 2018
Location: London, UK
Programs: BAEC
Posts: 3,438
I just wanted to get another opinion before I resume talks. (I sound like a union rep now ).
Last edited by BAeuro; Nov 2, 2020 at 4:31 am
#456
Join Date: Oct 2018
Location: London, UK
Programs: BAEC
Posts: 3,438
I know what the answer is likely to be but here goes.
I’ve just had my NQY flights cancelled 13 days before departure. It’s a domestic route and I can’t see any reason other than commercial reasons as to why this was cancelled. They were also due to operate daily subsidised flights under a Government agreement. Any grounds for compensation?
I’ve just had my NQY flights cancelled 13 days before departure. It’s a domestic route and I can’t see any reason other than commercial reasons as to why this was cancelled. They were also due to operate daily subsidised flights under a Government agreement. Any grounds for compensation?
I'd like to inform you that we had to cancel your flight due to commercial reasons. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.
#457
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,722
And as I'm sure you are aware, commercial reasons are not valid grounds for denying compensation. If you feel strongly about it, ask BA to confirm that their position will not change, then you can try the MCOL or CEDR routes.
#458
Join Date: Oct 2018
Location: London, UK
Programs: BAEC
Posts: 3,438
I will go back to them once more and explain my argument again. If I don’t succeed, I will have a think about whether to go further.
#459
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,722
I must admit I struggle to understand why people try pushing back on this - it hasn't worked before and it certainly won't work now. A quick look upthread will show you how BA operates here, and BA rarely changes their position. We're talking about a policy, and staff are expected to go along with that policy. The policy may well be wrong (in fact it almost certainly is) but no agent can run against it.
#460
Join Date: Oct 2018
Location: London, UK
Programs: BAEC
Posts: 3,438
I must admit I struggle to understand why people try pushing back on this - it hasn't worked before and it certainly won't work now. A quick look upthread will show you how BA operates here, and BA rarely changes their position. We're talking about a policy, and staff are expected to go along with that policy. The policy may well be wrong (in fact it almost certainly is) but no agent can run against it.
Many resolution services need proof that you’ve tried, BA have refused and your talks have ended.
#461
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,722
#462
Join Date: Oct 2018
Location: London, UK
Programs: BAEC
Posts: 3,438
So I think it’s fair to reply once more, state my case, and then if they refuse, take it further.
#463
Join Date: Jan 2009
Location: TPA
Programs: AA PLT, HH Gold, FM Prem, SPG gold
Posts: 581
Booked IST>LHR>PHL>TPA on Oct21 to fly on NOV02
BA IST>LHR 10:00-11:30
BA LHR>PHL 2:15-5:15
AA PHL>TPA 7:05-9:43
Booked an AA ticket, but with BA flights on the first two segments.
Oct25 I got an email about a random reservation (not in my name) changed on AA. I asked on twitter and they said the rep I called hadn't closed out my flight before editing someone else's. I said I hadn't called. They said sorry and I had a flight change and someone was trying to fix it for me.
Turns out the LHR>PHL (BA67) had changed to a 4:15 departure and it would make me miss my PHL flight. There were no other options besides an overnight in PHL.
I did a lot of communication with AA over twitter and in person once at the airport. They claim they never change the flight time and AA had just booked my ticket with a wrong time & and illegal connection.
When I arrived in PHL, AA said BA would need to take care of my hotel. BA said they didn't since AA booked the wrong ticket but finally caved. (they put me in a Clarion which was pretty dumpy, but whatever...) The BA rep told me the flight time had been changed Nov 19 (two days before I booked, and 14 days before the flight), but in LHR they kept telling my this flight had ALWAYS been a 4:15 departure.
Clearly BA changed the schedule but never told AA, or AA just failed to update their system and sold me an illegal ticket.
Do I have any chance at EC 261? I arrived over 12 hours late. The flight was not formally delayed, but a miss communicated schedule change less than 14 days out caused me to miss connect. BA operated the flight, I feel it should be on them, even though AA seems to have dropped the ball.
BA IST>LHR 10:00-11:30
BA LHR>PHL 2:15-5:15
AA PHL>TPA 7:05-9:43
Booked an AA ticket, but with BA flights on the first two segments.
Oct25 I got an email about a random reservation (not in my name) changed on AA. I asked on twitter and they said the rep I called hadn't closed out my flight before editing someone else's. I said I hadn't called. They said sorry and I had a flight change and someone was trying to fix it for me.
Turns out the LHR>PHL (BA67) had changed to a 4:15 departure and it would make me miss my PHL flight. There were no other options besides an overnight in PHL.
I did a lot of communication with AA over twitter and in person once at the airport. They claim they never change the flight time and AA had just booked my ticket with a wrong time & and illegal connection.
When I arrived in PHL, AA said BA would need to take care of my hotel. BA said they didn't since AA booked the wrong ticket but finally caved. (they put me in a Clarion which was pretty dumpy, but whatever...) The BA rep told me the flight time had been changed Nov 19 (two days before I booked, and 14 days before the flight), but in LHR they kept telling my this flight had ALWAYS been a 4:15 departure.
Clearly BA changed the schedule but never told AA, or AA just failed to update their system and sold me an illegal ticket.
Do I have any chance at EC 261? I arrived over 12 hours late. The flight was not formally delayed, but a miss communicated schedule change less than 14 days out caused me to miss connect. BA operated the flight, I feel it should be on them, even though AA seems to have dropped the ball.
#464
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,779
There is no relevant schedule change, cancellation or delay on the part of BA (operating carrier) so I fail to see how BA is liable for this/under EU reg. 261/04. If AA sold you an invalid ticket /with wrong timing, you need to take this up with AA. AA is not a community carrier and the itinerary is IST-to TPA so no relevant EU flights either. I doubt you will get anywhere with this, sorry.
#465
Join Date: Jan 2009
Location: TPA
Programs: AA PLT, HH Gold, FM Prem, SPG gold
Posts: 581
There is no relevant schedule change, cancellation or delay on the part of BA (operating carrier) so I fail to see how BA is liable for this/under EU reg. 261/04. If AA sold you an invalid ticket /with wrong timing, you need to take this up with AA. AA is not a community carrier and the itinerary is IST-to TPA so no relevant EU flights either. I doubt you will get anywhere with this, sorry.