Duty of care: what if...?
Mar 16, 2020, 11:50 am
#1
Original Poster
Join Date: May 2019
Posts: 34
Duty of care: what if...?
I'm reading lots of posts from people applying for vouchers for flights that haven't been cancelled. But I haven't seen much from people 'stranded' in countries that have closed borders.
So what happens if you travel with BA (or are already abroad), and the return flights get cancelled because your destination is now under lockdown or have stopped travel?
For example, if somebody had travelled to Chile (https://chiletoday.cl/site/coronavir...virus-spreads/) how would they now get home? What is BA's responsibility?
So what happens if you travel with BA (or are already abroad), and the return flights get cancelled because your destination is now under lockdown or have stopped travel?
For example, if somebody had travelled to Chile (https://chiletoday.cl/site/coronavir...virus-spreads/) how would they now get home? What is BA's responsibility?
Mar 16, 2020, 11:57 am
#5
Ambassador: Emirates Airlines
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Location: Manchester, UK
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The only similar thing I can think of was the volcano a few years back. From what I recall then, a lot of people were unaware that they were entitled to "duty of care" and ended up sleeping in airports. A lot more people are now aware of EC261.
Mar 16, 2020, 12:05 pm
#6
Original Poster
Join Date: May 2019
Posts: 34
Reading EC261, it seems like an airline can get out of the duty of care responsibility by refunding the original ticket?
"If the airline does not comply with its obligation to offer re-routing or return under comparable transport conditions at the earliest opportunity, it has to reimburse your flight costs."
Looks like the EU has issued guidance (https://ec.europa.eu/info/sites/info...rights-faq.pdf), but it isn't very clear on obligations and responsibilities.
Has anybody had this with BA so far since the outbreak started?
"If the airline does not comply with its obligation to offer re-routing or return under comparable transport conditions at the earliest opportunity, it has to reimburse your flight costs."
Looks like the EU has issued guidance (https://ec.europa.eu/info/sites/info...rights-faq.pdf), but it isn't very clear on obligations and responsibilities.
Has anybody had this with BA so far since the outbreak started?
Mar 16, 2020, 12:06 pm
#7
Join Date: May 2005
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There is no time limit for the duty of care. There were discussions to limit it to 2 or 3 days specifically to avoid the volcano type shutdown, but the amendments have never been approved. I am not even sure if they are even being considered any more.
Mar 16, 2020, 6:21 pm
#9
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Reading EC261, it seems like an airline can get out of the duty of care responsibility by refunding the original ticket?
"If the airline does not comply with its obligation to offer re-routing or return under comparable transport conditions at the earliest opportunity, it has to reimburse your flight costs."
"If the airline does not comply with its obligation to offer re-routing or return under comparable transport conditions at the earliest opportunity, it has to reimburse your flight costs."
Mar 16, 2020, 6:47 pm
#10
Join Date: Jul 2017
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Posts: 342
Stolen from the BBC personal finance and consumer affairs , take as you see fit....
For those trying to get home, an airline has a duty of care to get you back if they have cancelled your flight. This may mean flying with another airline or putting you on a different mode of transport. If an extra overnight stay is required, the airline should pay for that as well as the food you need.However, for those who accept a refund for a cancelled return flight, the airline's duty of care ends at that point. You would then have to get yourself home, which could be difficult given the current restrictions.
For those trying to get home, an airline has a duty of care to get you back if they have cancelled your flight. This may mean flying with another airline or putting you on a different mode of transport. If an extra overnight stay is required, the airline should pay for that as well as the food you need.However, for those who accept a refund for a cancelled return flight, the airline's duty of care ends at that point. You would then have to get yourself home, which could be difficult given the current restrictions.
Mar 16, 2020, 6:54 pm
#11
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For those trying to get home, an airline has a duty of care to get you back if they have cancelled your flight. This may mean flying with another airline or putting you on a different mode of transport. If an extra overnight stay is required, the airline should pay for that as well as the food you need.However, for those who accept a refund for a cancelled return flight, the airline's duty of care ends at that point. You would then have to get yourself home, which could be difficult given the current restrictions.
This thread started with a discussion about what is properly described as the right to care, so it may be useful to keep the two concepts separate.
Mar 16, 2020, 7:24 pm
#12
Join Date: Jul 2017
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Posts: 342
While all of that makes sense, it may be worth pointing out that the terminology is also potentially misleading, because the right to rerouting or return is described in a different Article from that describing the right to care.
This thread started with a discussion about what is properly described as the right to care, so it may be useful to keep the two concepts separate.
This thread started with a discussion about what is properly described as the right to care, so it may be useful to keep the two concepts separate.
It is indeed a minefield for the less informed like myself.
Mar 17, 2020, 1:12 am
#13
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I apologize for confusing the issue, I posted what I thought was appropriate as the BBC article references 'Duty of Care' which I assume is the same as 'right to care' you mention above, but of course I could be completely off beam once again.
It is indeed a minefield for the less informed like myself.
It is indeed a minefield for the less informed like myself.