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

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

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Old Dec 29, 20, 6:50 am
  #556  
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Originally Posted by SK AAR View Post
The duty to reimburse expenses applies to additional expenses/costs incurred, e.g. additional transport between airport and home/place of accommodation which has become necessary due to delay/rebooked/cancelled flight - not ordinary travel expenses that the OP would have incurred anyway.
That's a reasonable point of view, however the word "additional" doesn't actually appear in this area of the text, nor is there any other wording in this spirit. Airlines are obliged to pay this component if duty of care arises. I've no doubt that some / all airlines may agree with your perspective, but it's not the way it is worded.
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Old Dec 29, 20, 8:32 am
  #557  
 
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Originally Posted by SK AAR View Post
The duty to reimburse expenses applies to additional expenses/costs incurred, e.g. additional transport between airport and home/place of accommodation which has become necessary due to delay/rebooked/cancelled flight - not ordinary travel expenses that the OP would have incurred anyway.
As I see it, the passenger could have e.g. a BritRail or InterRail pass valid in the UK. The passenger is due to take the train from anywhere in the UK to LHR (or some other airport) on the last day of validity of the pass. As it is the last day of the pass, the passenger can't delay the trip to LHR further. The flight from LHR is cancelled and the passenger has to stay overnight in the UK. If the hotel isn't at LHR, then it is necessary to buy some other ticket on the next day to get to LHR to catch the flight. As this is an extra expense, it is reasonable that the airline covers this.

The other option would be to go to LHR in time for the original cancelled flight. The regulation would then cover travel from LHR to the hotel and back.

Train passes are available in most European countries, so the same problem could happen just about anywhere.
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Old Jan 2, 21, 11:34 am
  #558  
 
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I had a cancellation last year where there were some change fees (80ish) tied up in the booking which I lost when I opted for a refund. I'm now making an attempt to get these back. As expected Customer Relations have turned down my request so I think the next step will be CEDR. Could anyone point me to any relevant posts as I can't find an awful lot on this? My claim as it stands will be that EC/261 section 5 and 8 entitle me to a full refund and override BA's conditions and fare rules (which is the initial reason BA have given for not refunding). Any other pointers though gratefully received. Thanks.
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Old Jan 2, 21, 11:43 am
  #559  
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Originally Posted by lcylocal View Post
I had a cancellation last year where there were some change fees (80ish) tied up in the booking which I lost when I opted for a refund. I'm now making an attempt to get these back. As expected Customer Relations have turned down my request so I think the next step will be CEDR. Could anyone point me to any relevant posts as I can't find an awful lot on this? My claim as it stands will be that EC/261 section 5 and 8 entitle me to a full refund and override BA's conditions and fare rules (which is the initial reason BA have given for not refunding). Any other pointers though gratefully received. Thanks.
I think the last few posts on this thread from post 5244 discuss this issue Covid-19 BA Rebooking/Cancellation/Refund HELP & ADVICE *No Speculation etc*

It certainly isn't clear cut that change fees should be refunded - BA's view is they were paid for a change which was actioned, so you have enjoyed the service you paid for. It's therefore not a surprise BA have refused in the first instance. I can't think of any examples where people have gone to MCOL/CEDR and got the change fees refunded, but if anyone has done so or can remember an example that could help you frame your arguments.
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Old Jan 2, 21, 12:02 pm
  #560  
 
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Originally Posted by KARFA View Post
I think the last few posts on this thread from post 5244 discuss this issue Covid-19 BA Rebooking/Cancellation/Refund HELP & ADVICE *No Speculation etc*

It certainly isn't clear cut that change fees should be refunded - BA's view is they were paid for a change which was actioned, so you have enjoyed the service you paid for. It's therefore not a surprise BA have refused in the first instance. I can't think of any examples where people have gone to MCOL/CEDR and got the change fees refunded, but if anyone has done so or can remember an example that could help you frame your arguments.
Thanks. Those posts are useful. I think corporate-wage-slave had flagged up in a thread ages ago that they were unlikely to be refunded, so I wan't surprised. I feel its worth the time to write a letter to CEDR and see what happens. Not particularly relevant to my case but slightly rankles as there the changes were made pre-covid on a USA trip. We would now be beyond the original ticket validity (and I can't travel to the USA under their rules) so there was no way of me actually having taken the trip at any point since the cancellation.
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Old Jan 2, 21, 3:18 pm
  #561  
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Originally Posted by lcylocal View Post
Thanks. Those posts are useful. I think corporate-wage-slave had flagged up in a thread ages ago that they were unlikely to be refunded, so I wan't surprised. I feel its worth the time to write a letter to CEDR and see what happens. Not particularly relevant to my case but slightly rankles as there the changes were made pre-covid on a USA trip. We would now be beyond the original ticket validity (and I can't travel to the USA under their rules) so there was no way of me actually having taken the trip at any point since the cancellation.
By all means keep us posted on this. I am not aware of any precedent that guarantees your fees will be refunded. In addition to any tight reading that CEDR may throw up, there is also the option at looking at whether this was an unbalanced contractural term, given that BA had no extra penalty on them for cancelling the flight. It's not the strongest argument in this thread but there again I don't think it's been properly dissected yet.
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Old Jan 3, 21, 4:04 am
  #562  
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This thread is now closed, and a new thread started for 2021 issues. There is a small change that now takes effect in relation to the currency used in EC261 for BA, more details in post 8 of the new thread, which can be found here.

https://www.flyertalk.com/forum/brit...61-2004-a.html

Last edited by corporate-wage-slave; Jan 3, 21 at 5:13 am
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