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AsiaMiles redemption on BA metal - cancellation policy

AsiaMiles redemption on BA metal - cancellation policy

Old Nov 12, 20, 7:32 am
  #1  
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AsiaMiles redemption on BA metal - cancellation policy

Hi all,

I am trying to get to China and have had flights cancelled for the last 5 months. I’ve had flights on Tianjin airlines cancelled, and they’re not running the London route at all anymore.

Rebooked on BA metal LHR - Beijing using Cathay AsiaMiles points, and the flights from October onwards have now been cancelled 3 times. Latest booking was for 1st Jan, but BA has again cancelled that and I need to call them to arrange yet another rebooking.

Is it the case that all they (Cathay and / or BA) are liable for is rebooking me on another BA flight, or do they have to make arrangements for me to fly same day same class on another airline?

Many thanks
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Old Nov 12, 20, 7:42 am
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The problem here is that there are several airlines involved where CX is just the marketing carrier. If you call BA (the operating carrier) they will almost certainly tell you to contact your travel agent (CX, the marketing carrier). CX will probably offer you only alternatives where they have award space, either on own metal via HKG or on partner metal. What you need to try and make happen is for CX to talk to BA so that they can reissue the ticket for another day/service but that is probably easier said than done. EC261 applies to the operating carrier (BA), but as noted above they'll tell you to talk to CX in the first instance.
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Old Nov 12, 20, 7:42 am
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Are you based in the UK? In which case the airline's liability pretty much ends with them cancelling your flight - and offering a refund or credit.

If you have already started a trip, then they may have a Duty of Care and other liabilities.
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Old Nov 12, 20, 7:45 am
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Originally Posted by Truthmonkey View Post
Are you based in the UK? In which case the airline's liability pretty much ends with them cancelling your flight - and offering a refund or credit.

If you have already started a trip, then they may have a Duty of Care and other liabilities.
Yep, based in the UK.
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Old Nov 12, 20, 7:55 am
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Originally Posted by klan8456 View Post
Yep, based in the UK.
Do you live near LHR? If not, then you can find more help through the duty of care provision: BA has to provide a hotel room until you can travel and this probably makes them rebook you sooner rather than later.

If you were informed about the cancellation less than two weeks before departure and BA doesn't make enough effort to limit your delay, then you are entitled to 600 euros.
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Old Nov 12, 20, 7:59 am
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Originally Posted by Im a new user View Post
Do you live near LHR? If not, then you can find more help through the duty of care provision: BA has to provide a hotel room until you can travel and this probably makes them rebook you sooner rather than later.

If you were informed about the cancellation less than two weeks before departure and BA doesn't make enough effort to limit your delay, then you are entitled to 600 euros.
I'm not sure I follow this logic. The OP is based in the UK, and hasn't started his trip which was scheduled for 01 Jan next year.

I don't believe the airline has any obligation to provide anything further.
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Old Nov 12, 20, 8:01 am
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Originally Posted by Im a new user View Post
Do you live near LHR? If not, then you can find more help through the duty of care provision: BA has to provide a hotel room until you can travel and this probably makes them rebook you sooner rather than later.

If you were informed about the cancellation less than two weeks before departure and BA doesn't make enough effort to limit your delay, then you are entitled to 600 euros.
Flight is next year, no EC261 compensation.
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Old Nov 12, 20, 8:03 am
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Originally Posted by Truthmonkey View Post
I'm not sure I follow this logic. The OP is based in the UK, and hasn't started his trip which was scheduled for 01 Jan next year.

I don't believe the airline has any obligation to provide anything further.
EC261 is being incorporated in UK law and the obligations under it will continue post 1 January unless or until the UK government chooses to do something different.

In the event a flight which is within scope is cancelled, the airline is obliged to offer choice of refund or reroute. Duty of care will also apply, although I note the OP just wants to know who to sort this out with and what the rebooking options are likely to be.
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Old Nov 12, 20, 8:06 am
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Originally Posted by KARFA View Post
EC261 is being incorporated in UK law
I think 'has been' for some time!
KARFA likes this.
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Old Nov 12, 20, 8:11 am
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Originally Posted by LondonElite View Post
I think 'has been' for some time!
Yes the 2018 EU Withdrawal Act bundled this into UK law - https://www.legislation.gov.uk/ukpga...tion/3/enacted
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Old Nov 12, 20, 8:29 am
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Originally Posted by klan8456 View Post
Latest booking was for 1st Jan, but BA has again cancelled that and I need to call them to arrange yet another rebooking.
Don't call BA, call CX. They are your travel agent in this case.

Last edited by LondonElite; Nov 12, 20 at 11:33 am Reason: Fixed quote
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Old Nov 12, 20, 11:25 am
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Originally Posted by LondonElite View Post
Flight is next year, no EC261 compensation.
Flight was in October?

Originally Posted by LondonElite View Post
Don't call BA, call CX. They are your travel agent in this case.
The EU regulation says that it is the operating airline's responsibility to rebook you.

I suggest that you take a look at Case C‑302/16. SLM (Suriname Airways) lost the case because SLM contacted the travel agency instead of the passenger (and the travel agency was non-responsive). In the same way, I fear that the passenger may lose if the passenger contacts the travel agency instead of the operating airline.
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Old Nov 12, 20, 11:36 am
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Originally Posted by Im a new user View Post
The EU regulation says that it is the operating airline's responsibility to rebook you.

I suggest that you take a look at Case C‑302/16. SLM (Suriname Airways) lost the case because SLM contacted the travel agency instead of the passenger (and the travel agency was non-responsive). In the same way, I fear that the passenger may lose if the passenger contacts the travel agency instead of the operating airline.
I think you are leading the OP down a blind alley here. The airline is responsible, but it does not say the airline must talk directly to the passenger. The options for rebooking and refund may be presented via the agent, in this case CX. Calling BA directly is a waste of time for the OP.

The case you refer to relates to a compensation claim where the airline communicated the cancellation to the agent over 14 days before the flight, but the agent didn't tell the passenger until 10 days. The airline was found to be responsible and did have to pay compensation. I am not sure the case actually helps the OP.

What may be of more help to the OP is some discussion of what rebooking options may be available to them.
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Old Nov 12, 20, 11:37 am
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Originally Posted by Im a new user View Post
Flight was in October?
So perhaps there should have been compensation for that but Covid has been ruled exceptional circumstances so I don't see that going very far.

The EU regulation says that it is the operating airline's responsibility to rebook you.

I suggest that you take a look at Case C‑302/16. SLM (Suriname Airways) lost the case because SLM contacted the travel agency instead of the passenger (and the travel agency was non-responsive). In the same way, I fear that the passenger may lose if the passenger contacts the travel agency instead of the operating airline.
I'm not familiar with that case, but the problem with award tickets is the marketing carrier will say nothing available, and besides not our problem, and the operating carrier will say talk to the travel agent. The marketing carrier really should do the work for the OP here.
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Old Nov 12, 20, 1:33 pm
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Just to echo what others have said, even though BA is the marketing and operational carrier, if Cathay Pacific issued the tickets, you will need to contact AsiaMiles to resolve this one.
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