Last edit by: corporate-wage-slave
Link to the full original text of the regulations in PDF format
Downgrades: Mennens case - calculation formula is in this post
Brexit and Covid pointers: see post 8
Click here for last year's (2020) thread.
Downgrades: Mennens case - calculation formula is in this post
Brexit and Covid pointers: see post 8
Click here for last year's (2020) thread.
The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004
#1606
Join Date: Sep 2020
Posts: 95
After 8 weeks he can go to CEDR, so I guess that's about now. There are quite a lot of data points upthread about this, the gist of which is that CEDR is not going to be fast either but he will get more tracking of progress. MCOL he could do straight away if speed is of the essence.
#1607
Ambassador, British Airways Executive Club, easyJet and Ryanair
Join Date: Sep 2011
Location: UK/Las Vegas
Programs: BA Gold (GGL/CCR)
Posts: 15,928
Thanks for the reply. 9pm flight was not an option when I rebooked but I checked at the airport and am now on standby.
This flight is obviously jinxed, has been cancelled three times now, was originally on tomorrow's 2pm flight and cancelled on 2nd May, today's 2.10 pm flight cancelled on 23rd June, and todays flight cancelled a few hours ago 🤦🏻♂️
I could not find any info on differences between OPER, OPEY and OPEN? Also, is there a link to what happened with Amadeus?
This flight is obviously jinxed, has been cancelled three times now, was originally on tomorrow's 2pm flight and cancelled on 2nd May, today's 2.10 pm flight cancelled on 23rd June, and todays flight cancelled a few hours ago 🤦🏻♂️
I could not find any info on differences between OPER, OPEY and OPEN? Also, is there a link to what happened with Amadeus?
Both LHR-MAN flights this evening are now cancelled. Hopefully you’re already in that taxi!
#1608
Join Date: Jan 2011
Location: UK
Programs: BA Gold
Posts: 859
I just went to customer services and discovered that BA have now cancelled both the 9pm and 10.05pm flights tonight... No Manchester flights until tomorrow night so will need to get the train in the morning. They have not emailed or texted me and I found out at around 7.15pm... Where do I stand with EC261??
#1609
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: 63,826
I just went to customer services and discovered that BA have now cancelled both the 9pm and 10.05pm flights tonight... No Manchester flights until tomorrow night so will need to get the train in the morning. They have not emailed or texted me and I found out at around 7.15pm... Where do I stand with EC261??
#1610
Join Date: Aug 2015
Posts: 13
Thanks CWS - this is very helpful!
I did check, and spent 3 hours on the phone with BA at 2am asking if they could put my family on the Air France flight that day to Paris and on to New York which was the final destination. I was told at the time (and I have now learnt incorrectly) that BA could not rebook me on Air France as they don't have a ticketing arrangement with them.
I will argue the point that there were other flights that day that got me to New York, and let you know how it goes...
Cheers.
I did check, and spent 3 hours on the phone with BA at 2am asking if they could put my family on the Air France flight that day to Paris and on to New York which was the final destination. I was told at the time (and I have now learnt incorrectly) that BA could not rebook me on Air France as they don't have a ticketing arrangement with them.
I will argue the point that there were other flights that day that got me to New York, and let you know how it goes...
Cheers.
#1611
Join Date: Jan 2011
Location: UK
Programs: BA Gold
Posts: 859
Not a great day. I had to exit T5 as all flights to Manchester cancelled this evening and the next flight is not until tomorrow night so I will be on the train in the morning. Customer Services in the First Lounge sent me to Gate 11 which led to Passport Control and a long queue to get out which was a little challenging as I did not have passport/driving licence with me... Fortunately I had a scan of my passport on my phone and they eventually let me through. I still have not had an email/text from BA notifying me of the flight cancellations 🤷🏻♂️
#1613
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: 63,826
#1614
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: 63,826
I did check, and spent 3 hours on the phone with BA at 2am asking if they could put my family on the Air France flight that day to Paris and on to New York which was the final destination. I was told at the time (and I have now learnt incorrectly) that BA could not rebook me on Air France as they don't have a ticketing arrangement with them.
#1616
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: 63,826
Strictly speaking it's either / or. But I would leave the BA service uncancelled for now, and then look at the total extra costs versus what you originally spent. In that scenario you can claim the train, meals, tube, drinks and sort out the air ticket later on. If you paid a lot for the air fare and got a cheap rail ticket then my answer would be different.
#1617
Join Date: Jan 2011
Location: UK
Programs: BA Gold
Posts: 859
I assume you were at T5 this evening? How did you find out about the cancellations, I still have not received an email or text? If I had not gone to customer services I would have not found out until after 8pm...
#1618
Join Date: Mar 2009
Location: UK
Programs: BA Gold / Hilton Diamond / IHG Diamond Ambassador / Marriot Bonvoy Gold
Posts: 2,535
Well that's indeed incorrect. But this means you can quote CJEU case LE v Transportes Aéreos Portugueses SA (case C-74/19), since their refusal to book on that service makes them liable for EC261 even if they think the original cancellation was extraordinary circumstances. Make sure you quote that case in any CEDR or MCOL submission. However fundamentally you can argue that just because HAL asks for something, doesn't void the need to do the right thing for the passenger, given that it was BA's decision to cancel your flight and BA decision not to offer a rebooking at the earliest opportunity. If you are able, I would be tempted to go MCOL but it is more work and you may have to attend a court hearing.
#1619
Join Date: Mar 2006
Location: UK
Programs: BA GGL, BA LTG/GFL, Honors Diamond, Accor Platinum, Bonvoy Silver
Posts: 718
I would welcome thoughts on this slightly complex situation. I suspect there will be a few people with similar issues given the domestic cancellations yesterday and comments above.
I have tried to order my thought process with brevity and clarity. Apologies if it doesn’t read that way.
HER - LHR - MAN, on one ticket, all on 01 July. 2,933 KM total great circle distance.
The originally ticketed BA1402 LHR MAN, on 01 July, scheduled arrival 19:20, was cancelled around midday, and so rebooked onto the BA1406 LHR MAN, 01 July, scheduled arrival 23:15, so 2:05 late at destination.
Absent exceptional circumstances (a matter that may be contentious), that triggers the 50% reduced cancellation compensation of £175, as rebooked to between 2 and 3 hours late at destination, less than 7 days notice given and total trip of 2,933 KM. No problem.
However, having been rebooked onto BA1406, it was then also cancelled at around 19:00. So, then further rebooked onto LGW MAN BA2508 02 July, scheduled arrival 10:55 02 July (which may yet be cancelled).
My query - is the cancellation of the rebooked 1406 onto 2508 treated as:
1. a wholly separate cancellation claim, so there are 2 separate cancellation claims comprising £175 from the first cancellation of 1402, plus £220 from the second cancellation of 1406 (more than 3 hours late, less than 7 days notice, less than 1500KM); or
2. is the situation treated as a whole with the first cancellation, ie it is £350 as rebooked (twice) to more than 3 hours late (no 50% reduction), less than 7 days notice and 2,933Km.
The £45 difference between the 2 scenarios doesn’t bother me, the correct interpretation of the operation of 261 does. I appreciate there may be different viewpoints.
Thanks in advance.
I have tried to order my thought process with brevity and clarity. Apologies if it doesn’t read that way.
HER - LHR - MAN, on one ticket, all on 01 July. 2,933 KM total great circle distance.
The originally ticketed BA1402 LHR MAN, on 01 July, scheduled arrival 19:20, was cancelled around midday, and so rebooked onto the BA1406 LHR MAN, 01 July, scheduled arrival 23:15, so 2:05 late at destination.
Absent exceptional circumstances (a matter that may be contentious), that triggers the 50% reduced cancellation compensation of £175, as rebooked to between 2 and 3 hours late at destination, less than 7 days notice given and total trip of 2,933 KM. No problem.
However, having been rebooked onto BA1406, it was then also cancelled at around 19:00. So, then further rebooked onto LGW MAN BA2508 02 July, scheduled arrival 10:55 02 July (which may yet be cancelled).
My query - is the cancellation of the rebooked 1406 onto 2508 treated as:
1. a wholly separate cancellation claim, so there are 2 separate cancellation claims comprising £175 from the first cancellation of 1402, plus £220 from the second cancellation of 1406 (more than 3 hours late, less than 7 days notice, less than 1500KM); or
2. is the situation treated as a whole with the first cancellation, ie it is £350 as rebooked (twice) to more than 3 hours late (no 50% reduction), less than 7 days notice and 2,933Km.
The £45 difference between the 2 scenarios doesn’t bother me, the correct interpretation of the operation of 261 does. I appreciate there may be different viewpoints.
Thanks in advance.
Last edited by rjn21; Jul 2, 2022 at 1:28 am
#1620
Join Date: Jan 2022
Programs: BA Executive Club
Posts: 21
I agree with every word except the last sentence. BA will not attend court, they are swamped with claims and only the false claims will not be settled. This is clearly not one of them and once you by-pass the script readers on the phones, and the interns in the offices, the claim will be paid.
There are 2 ticket validity cases - they wouldn’t rebook a cancelled flight after 12 months so I bought the cheapest ticket I could find on another airline and flew my trip.
I’ve sent my LBA - 28 days are almost up. Do you think I should go to MCOL with the latter, or try CEDR first?