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
#1696
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
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Posts: 63,736
If you get a refund for the downgrade then no, you get the TPs as travelled. However if the TPs were significant to push you over a status boundary then you can ask BAEC to take it into account.
#1697
Join Date: Jan 2017
Location: London
Programs: BA Gold
Posts: 845
#1698
Join Date: Jun 2017
Posts: 2,276
Not sure anyone can help.
Someone book from CX. (LHR-CDG-HKG) in cash.
LHR-CDG is operated by BA while CDG-HKG is CX.
LHR-CDG cancelled 8 days before flight. That person Call CX to tell them that he will give up on the LHR-CDG route and will travel via Eurostar to CDG to catch the CDG-HKG flight instead.
CX is saying that he need to pay additional £1100.
I believe that this is incorrect. He should be able to drop the first segment as there is no replacement LHR-CDG flight offered. And there should be some refund also?
alternatively CX should also reroute him via the direct LHR-HKG flight right at no additional cost ? Book LHR-CDG-HKG in the first place because CX charge very high price for the direct LHR-HKG flight.
Someone book from CX. (LHR-CDG-HKG) in cash.
LHR-CDG is operated by BA while CDG-HKG is CX.
LHR-CDG cancelled 8 days before flight. That person Call CX to tell them that he will give up on the LHR-CDG route and will travel via Eurostar to CDG to catch the CDG-HKG flight instead.
CX is saying that he need to pay additional £1100.
I believe that this is incorrect. He should be able to drop the first segment as there is no replacement LHR-CDG flight offered. And there should be some refund also?
alternatively CX should also reroute him via the direct LHR-HKG flight right at no additional cost ? Book LHR-CDG-HKG in the first place because CX charge very high price for the direct LHR-HKG flight.
#1699
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Thanks corporate-wage-slave . Original departure time was 18.50 on the BA8474 AGP-LCY, original arrival time was 20.45 - this flight was cancelled. Rebooked departure time was 17.35 on the BA7165 AGP-MAD then 20.50 on the BA465 MAD-LHR scheduled arrival 22.00 (it landed on time). All of this was on 28/06. So they left 75 minutes earlier than planned and arrived 75 minutes later than planned.
#1700
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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It's the operating airline - BA - who is on the hook for rebooking, though this is an example where EC261 isn't very helpful since BA will rightly say "we don't own this ticket". CX, being aware of this, should offer a rebooking option from London to Hong Kong. Probably the easiest will be if BA puts a note on the CX ticket about the cancellation and their preferred alternative, and then CX re-tickets. The oneworld liaison desk can in theory help with this. But if this becomes impossible to do, then you need to think of what is the least cost impact solution (I can't believe it's £1100), pay it if necessary, then think in terms of making an MCOL submission naming both airlines in the same case.
#1701
Join Date: May 2009
Location: UK
Posts: 3,951
I have a few outstanding EU261 claims for delays back in 2019, I’ve intentionally left them as it wasn’t a priority and I didn’t want to burden BA during Covid, however now seems as good a time as any arguably. My question is, would the fact I’ve left it a few years to claim count against me in terms of my claim(s) being approved?
#1702
Join Date: Jan 2017
Location: London
Programs: BA Gold
Posts: 845
OK, so you left more than an hour early on a cancellation notified with less than 7 days notice. But you were not 3 hours late on the 1600 km journey. So that's 400€ reduced by 50% = 200€. See upthread for a discussion as to whether it should be the full amount, however this is what BA should be willing to pay.
#1703
Join Date: Dec 2016
Programs: BAEC GGL/CR; Hilton Diamond; Mucci des Puccis
Posts: 5,581
I have a few outstanding EU261 claims for delays back in 2019, I’ve intentionally left them as it wasn’t a priority and I didn’t want to burden BA during Covid, however now seems as good a time as any arguably. My question is, would the fact I’ve left it a few years to claim count against me in terms of my claim(s) being approved?
#1704
Join Date: May 2015
Posts: 579
Just had my CEDR claim for cancelled flights being rebooked in ticket validity window, rejected.
Apparently BA are at liberty to enforce ticket validity AND do not have to rebook 'indefinitely' (I hadn't asked for 'indefinite' window, rather 1 year from cancelled flight.
Also the change of rules on ticket validity vs 1 year from outbound cancelled flight during the period between which I was informed of the cancellation and was able to rebook, is also not a reason for CEDR to uphold my protest.
Reminder of situation (quoted elsewhere in thread), flights to for Nov 21 invol canx in Sept 21, intended to rebook for Oct/Nov 22 when seats became available under then-current rebooking policy of 1yr from outbound flight. I asked for the cancelled flight to be left in the booking, (with remaining live return flight removed). Rules changed to rebooking within ticket validity (i.e May 22) before I could make rebooking. I couldn't travel within ticket validity (due to work family circumstances, i.e. not convenient for the pax as per EU261), and put in a claim to CEDR that I had not been offered the chance to rebook on available seats at convenient time. This was rejected as a valid complaint (strangly, given experience of others on here)
However, the decision seems to hinge of the fact that when I asked BA to remove the remaining 'live' portion of the ticket (leaving the cancelled leg in place while I worked out when I could rebook), they actually rebooked me for a departure at the limit of my ticket validity (but didn't tell me). Neither BA nor I submitted a record of this rebooking (I didn't realise it had been made until I got a transcript of the booking from BA under GDPR). CEDR said that when this (phantom?) booking was cancelled, BA should not have unilaterally refunded me and SHOULD have then offered me the chance to rebook up to Oct 2022, but since I did NOT present evidence of this rebooking, they would be rejecting my claim. I honestly didn't know about the rebooking to May at the time of my CEDR submission. it DID NOT show up in MMB and I had not asked for it.
Bit disappointed about this, given the successes that others in a very similar situation on here appear to have had.
I seem to have 20 days to respond further in objection to their decision. It seems I MIGHT have a valid case in CEDRs eyes for the final cancellation of my 'phantom' booking, but obviously have no evidence it was made by BA (although it would have extended my ticket validity until Oct 2022... which is what I want...!)
Any tips on how I can turn this around?
Apparently BA are at liberty to enforce ticket validity AND do not have to rebook 'indefinitely' (I hadn't asked for 'indefinite' window, rather 1 year from cancelled flight.
Also the change of rules on ticket validity vs 1 year from outbound cancelled flight during the period between which I was informed of the cancellation and was able to rebook, is also not a reason for CEDR to uphold my protest.
Reminder of situation (quoted elsewhere in thread), flights to for Nov 21 invol canx in Sept 21, intended to rebook for Oct/Nov 22 when seats became available under then-current rebooking policy of 1yr from outbound flight. I asked for the cancelled flight to be left in the booking, (with remaining live return flight removed). Rules changed to rebooking within ticket validity (i.e May 22) before I could make rebooking. I couldn't travel within ticket validity (due to work family circumstances, i.e. not convenient for the pax as per EU261), and put in a claim to CEDR that I had not been offered the chance to rebook on available seats at convenient time. This was rejected as a valid complaint (strangly, given experience of others on here)
However, the decision seems to hinge of the fact that when I asked BA to remove the remaining 'live' portion of the ticket (leaving the cancelled leg in place while I worked out when I could rebook), they actually rebooked me for a departure at the limit of my ticket validity (but didn't tell me). Neither BA nor I submitted a record of this rebooking (I didn't realise it had been made until I got a transcript of the booking from BA under GDPR). CEDR said that when this (phantom?) booking was cancelled, BA should not have unilaterally refunded me and SHOULD have then offered me the chance to rebook up to Oct 2022, but since I did NOT present evidence of this rebooking, they would be rejecting my claim. I honestly didn't know about the rebooking to May at the time of my CEDR submission. it DID NOT show up in MMB and I had not asked for it.
Bit disappointed about this, given the successes that others in a very similar situation on here appear to have had.
I seem to have 20 days to respond further in objection to their decision. It seems I MIGHT have a valid case in CEDRs eyes for the final cancellation of my 'phantom' booking, but obviously have no evidence it was made by BA (although it would have extended my ticket validity until Oct 2022... which is what I want...!)
Any tips on how I can turn this around?
Last edited by GBOAC; Jul 6, 2022 at 10:55 am
#1705
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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I think you should consider whether to take this to MCOL on the basis that there are points of law here that would benefit from a judicial review. You would have to prepare this carefully, do the research, stick to the deadlines, since BA may try to recover some of their legal costs. However so long as you act in good faith and have a good reason to go to the small claims track then my impression is that the court would simply look at the case on its merits rather than the back story. It has some risks attached, since depending on the specifics there may be legal costs in the £100 area which you may not recover.
#1706
Join Date: Nov 2017
Location: LCYJFKGIG
Programs: BAEC - Gold, OWE
Posts: 157
Cancellation reason BA450 01 July
BA450 on 1 July LHR to PMI 16:00-19:25 cancelled one day before departure. Does anyone know the reason?
I was rebooked on a delayed 18:10 Gatwick service that landed at BA2878 which landed delayed at 22:20. Am I correct in thinking this qualifies for UK261 £220 + cost of taxi to hotel since the pré-booked transfer was no longer available?
Thank you very much
I was rebooked on a delayed 18:10 Gatwick service that landed at BA2878 which landed delayed at 22:20. Am I correct in thinking this qualifies for UK261 £220 + cost of taxi to hotel since the pré-booked transfer was no longer available?
Thank you very much
#1707
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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BA450 on 1 July LHR to PMI 16:00-19:25 cancelled one day before departure. Does anyone know the reason?
I was rebooked on a delayed 18:10 Gatwick service that landed at BA2878 which landed delayed at 22:20. Am I correct in thinking this qualifies for UK261 £220 + cost of taxi to hotel since the pré-booked transfer was no longer available?
I was rebooked on a delayed 18:10 Gatwick service that landed at BA2878 which landed delayed at 22:20. Am I correct in thinking this qualifies for UK261 £220 + cost of taxi to hotel since the pré-booked transfer was no longer available?
If you want the reason codes for a cancellation, you best ask within 2 or 3 days, the data is not available after that, more details upthread about that. But on that day, LHR essentially ran out of resources from mid afternoon, and flights were cancelled wholescale. I would take this to be in scope for cancellation compensation, subject to meeting the requisite timescales. The taxi fare is probably OK under RIght to Care, I doubt that will be problematic.
#1708
Join Date: Feb 2014
Posts: 905
Hi all,
I had a PIT-LHR-BHD, departing BA170 (PIT-LHR) on 29/June/2022 and then originally booked to connect onto BA1416 (LHR-BHD) on 30/June/2022. BA1416 (LHR-BHD) was cancelled, and I was rebooked on arrival to BA1426 (LHR-BHD) which was scheduled and actually did arrive over 6 hours later than the originally scheduled itinerary.
Is this eligible and likely for the standard EU261 GBP250 compensation from BA? I can't find out anywhere whether this was cancelled due to the HAL request to cancel flights or not.
I got a day room at Heathrow so will this be covered by EU261 too? (90GBP)
I had a PIT-LHR-BHD, departing BA170 (PIT-LHR) on 29/June/2022 and then originally booked to connect onto BA1416 (LHR-BHD) on 30/June/2022. BA1416 (LHR-BHD) was cancelled, and I was rebooked on arrival to BA1426 (LHR-BHD) which was scheduled and actually did arrive over 6 hours later than the originally scheduled itinerary.
Is this eligible and likely for the standard EU261 GBP250 compensation from BA? I can't find out anywhere whether this was cancelled due to the HAL request to cancel flights or not.
I got a day room at Heathrow so will this be covered by EU261 too? (90GBP)
#1709
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,888
It’s too far back to find a cancellation reason for a flight on 30 June. EF only holds that information for a few days. It’s very likely going to to be for BA internal resourcing reasons and therefore yes for compensation. Also compensation should be based on the whole route rather than the sector.
As for the day hotel I think that could be a stretch, but by all means include it in your claim.
As for the day hotel I think that could be a stretch, but by all means include it in your claim.
#1710
Join Date: Nov 2017
Location: LCYJFKGIG
Programs: BAEC - Gold, OWE
Posts: 157
Cancelled flights are different to delayed flights, so the piece of missing information is the scheduled, not actual, arrival time on the new service.
If you want the reason codes for a cancellation, you best ask within 2 or 3 days, the data is not available after that, more details upthread about that. But on that day, LHR essentially ran out of resources from mid afternoon, and flights were cancelled wholescale. I would take this to be in scope for cancellation compensation, subject to meeting the requisite timescales. The taxi fare is probably OK under RIght to Care, I doubt that will be problematic.
If you want the reason codes for a cancellation, you best ask within 2 or 3 days, the data is not available after that, more details upthread about that. But on that day, LHR essentially ran out of resources from mid afternoon, and flights were cancelled wholescale. I would take this to be in scope for cancellation compensation, subject to meeting the requisite timescales. The taxi fare is probably OK under RIght to Care, I doubt that will be problematic.