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EU261, cancelled connection and predating duty of care

EU261, cancelled connection and predating duty of care

Old May 22, 20, 8:33 am
  #1  
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EU261, cancelled connection and predating duty of care

BA cancelled my EDI-LHR flight with a mail sent 13 days and some hours before departure.
From LHR I was meant to take a Lufthansa flight on the same day, which has not been cancelled.

Now, I don't know what to do: normally, I'd just claim for compensation and use the money to travel to London e.g. by train.
But now compensation sounds very difficult to obtain due to covid (although COVID wasn't mentioned at all in the cancellation mail from BA).
I understand that right to care is easier, but this normally applies to the time up to a subsequent flight.
Since BA is apparently offering the chance of free rescheduling for the day before, I was wondering whether I could both take the rescheduling and claim expenses for the one-night accommodation between the rescheduled flight and the original date of the cancelled flight.
I am trying to call BA, but I'm on a queue, so I thought to ask here about any advice or feedback about this problem.
TIA

PS: I bought all the tickets myself directly on the airlines' websites, in case this matters

Last edited by phloaw; May 22, 20 at 8:42 am Reason: spelling
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Old May 22, 20, 11:34 am
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Welcome to Flyertalk and welcome to the BA forum phloaw

You won't get very far with EC261 on this one, even the 2 week rule has an extraordinary circumstances clause and I would say the consensus in this forum of those who know about EC261 would be that Article 7 won't apply in your scenario. It's possible the consensus is wrong, and so perhaps I shouldn't discourage you, but it would be fair comment to say that you can't rely on Article 7 as you perhaps would in other circumstances.

Having said that, if this is for the first week of June, there indeed has been some mixing around of schedules, so I think you need to leave the day before on the BA service from EDI. You would have a stronger case for submiting a hotel bill for the extra night in London if you are on one PNR, but I noted the plural form of the possessive apostrophe so that suggests 2 PNRs. On one PNR BA is allowing rebooking via Lufthansa in certain circumstances. You can of course claim a refund.
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Old May 22, 20, 11:41 am
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Originally Posted by corporate-wage-slave View Post
Welcome to Flyertalk and welcome to the BA forum phloaw

You won't get very far with EC261 on this one, even the 2 week rule has an extraordinary circumstances clause and I would say the consensus in this forum of those who know about EC261 would be that Article 7 won't apply in your scenario. It's possible the consensus is wrong, and so perhaps I shouldn't discourage you, but it would be fair comment to say that you can't rely on Article 7 as you perhaps would in other circumstances.

Having said that, if this is for the first week of June, there indeed has been some mixing around of schedules, so I think you need to leave the day before on the BA service from EDI. You would have a stronger case for submiting a hotel bill for the extra night in London if you are on one PNR, but I noted the plural form of the possessive apostrophe so that suggests 2 PNRs. On one PNR BA is allowing rebooking via Lufthansa in certain circumstances. You can of course claim a refund.
Thank you for answering.
Yes, two PNRs, one bought on ba.com and the other on lufthansa.com.
I am considering flying the day before, finding a cheap accommodation and attempting to claim it anyway.
Also worried about staying too long around Heathrow from a health point of view. Too much people.
As a collateral thread: any recommendation on which accommodation to minimise the contact with people? Or any suggestion to this end?
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Old May 22, 20, 12:17 pm
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Originally Posted by phloaw View Post
I am considering flying the day before, finding a cheap accommodation and attempting to claim it anyway.
Also worried about staying too long around Heathrow from a health point of view. Too much people.
As a collateral thread: any recommendation on which accommodation to minimise the contact with people? Or any suggestion to this end?
If you look at the BA forum dashboard for Covid-19 you will find a Heathrow guide, and some references to hotels. Quite a number are now open, but in most (all?) cases you will need to liaise with the hotel before arrival to clarify that you are in transit. I would assume you wouldn't be getting the money back from BA, had you a single itinerary then you would be able to do so. I guess it was cheaper to buy 2 PNRs but that comes at a cost in terms of Right to Care.

I'm sure you are aware that the level of community infection in London is now very low / close to zero so I wouldn't be unduly concerned.
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Old May 22, 20, 4:24 pm
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Originally Posted by corporate-wage-slave View Post
If you look at the BA forum dashboard for Covid-19 you will find a Heathrow guide, and some references to hotels. Quite a number are now open, but in most (all?) cases you will need to liaise with the hotel before arrival to clarify that you are in transit. I would assume you wouldn't be getting the money back from BA, had you a single itinerary then you would be able to do so. I guess it was cheaper to buy 2 PNRs but that comes at a cost in terms of Right to Care.
To be honest I had no idea one could buy flights operated by different airlines under a unique PNRs, neither I'd know how to go about that!
Lesson taken for next time.

Originally Posted by corporate-wage-slave View Post
I'm sure you are aware that the level of community infection in London is now very low / close to zero so I wouldn't be unduly concerned.
Another thing I ignored. Maybe I should stop reading newspapers

Anyway, thank your for your answers, much appreciated!
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