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
#1816
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It depends on the details. Cancellation compensation is not payable for example. But Right to Care is, as is the right to be Rebooked. There is an expectation that BA provides a same day alternative if available and if BA refuses you may be able to book your own and claim later, but there are risks involved. Usually BA pays Right to Care but there is no point asking BA (presumably) GGL team in advance since it's Customer Relations that handles it after the event. Indeed the whole of EU261 is post event. If you are unclear about what to do it's often best to ask "if there was zero chance of BA paying for this, what would I do?".
#1817
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Our initially delayed flight - that had a knock on effect on eventual arrival at our final US destination > 6hrs - left late because passengers weren’t boarding promptly.
Check in was chaos and security queues huge (MAD) - assume this should fall within the scope of EC261 compensation? Thanks in advance
Check in was chaos and security queues huge (MAD) - assume this should fall within the scope of EC261 compensation? Thanks in advance
#1818
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Yes so just to add, what specifically were you asking for in writing and why were you referencing EU261? If it’s just rebooking which you are asking about I don’t really see the need to reference the regulation - or put it another way I usually discuss what I want it to be rebooked to but I don’t feel any need to state “in accordance with EC261 Art.x I want…”.
#1819
Join Date: Aug 2006
Location: UK
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The key aspect will be was this extraordinary? And if so could the operating airline have reasonably done something about it. Generally speaking, slow boarding may delay a flight 10 - 15 minutes or so, but if that prevented a connection on the same ticket then usually the airline will say this was just a factoid of a busy day and a very tight connection. That's putting it very generally, different airlines have different approaches. If this a reference to Iberia, to take a randome example, there is almost no easy path for them to pay EC261.
I have mentioned EC261 in the email to BA as I assumed this would qualify given we were on a single ticket (albeit with a tight connection).
#1820
Join Date: Feb 2014
Posts: 907
Yes so just to add, what specifically were you asking for in writing and why were you referencing EU261? If it’s just rebooking which you are asking about I don’t really see the need to reference the regulation - or put it another way I usually discuss what I want it to be rebooked to but I don’t feel any need to state “in accordance with EC261 Art.x I want…”.
I had tried to put all the relevant detail in the original post so I’m sorry that I might have missed something out. I had thought it was fairly clear cut as to whether they should rebook particularly given I have done it before (albeit via BHD rather than DUB)
Last edited by Simon Schus; Jul 15, 2022 at 7:09 am
#1821
Join Date: Feb 2014
Posts: 907
It depends on the details. Cancellation compensation is not payable for example. But Right to Care is, as is the right to be Rebooked. There is an expectation that BA provides a same day alternative if available and if BA refuses you may be able to book your own and claim later, but there are risks involved. Usually BA pays Right to Care but there is no point asking BA (presumably) GGL team in advance since it's Customer Relations that handles it after the event. Indeed the whole of EU261 is post event. If you are unclear about what to do it's often best to ask "if there was zero chance of BA paying for this, what would I do?".
Last edited by Simon Schus; Jul 15, 2022 at 7:40 am
#1822
Join Date: Apr 2010
Posts: 538
Update - BA have replied and are paying up on two lots of compensation, one for each cancellation. They have said no to the hotel (Ł56) for Sunday night, and no to the train (Ł36) for Monday morning on the basis I had already agreed to drop the LHR-NCL flight when the first cancellation happened, so as far as they are concerned BA stop being on the hook for duty of care once I arrived at LHR. They have already done a part refund for the LHR-NCL sector for Ł91. So seems like a fair outcome overall.
In brief, I was due to fly ncl/lhr/lis and received cancellation notification approx 12 hrs before departure and was rebooked to fly same itinerary 24hrs later.
A further cancellation notification was sent for these alternative flights again a matter of hours before departure and I eventually travelled 2 days later than originally planned.
BA swiftly paid compensation for the first cancellation but refused point blank to pay for the second stating compensation had already been paid for the journey.
CEDR application was made 3 weeks ago and today I have had notification that BA have made a settlement offer of GBP350.00 .
#1823
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I asked to be moved to LHR-DUB-MAN with the relevant flight codes. They said that they couldn’t rebook onto those flights even though the direct scheduled BA flights arriving at a similar time weren’t available (resulting in an 11 hour wait or overnight wait). The justification was that “We don't have a rebooking agreement with Aer Lingus that would allow us to offer this routing.” which seems bizarre at it is a BA codeshare that is available for purchase on their website. I pushed again, and got the same response. At that point, I brought up EC261 for rebooking, then they wrote that EC261 doesn’t apply. That’s essentially it.
I had tried to put all the relevant detail in the original post so I’m sorry that I might have missed something out. I had thought it was fairly clear cut as to whether they should rebook particularly given I have done it before (albeit via BHD rather than DUB)
I had tried to put all the relevant detail in the original post so I’m sorry that I might have missed something out. I had thought it was fairly clear cut as to whether they should rebook particularly given I have done it before (albeit via BHD rather than DUB)
#1824
Join Date: Feb 2014
Posts: 907
Ok. So if ba refuse to book on another airline if there is no rebooking allowance, you are not going to get any further by quoting the regulation. Your only option really at that stage is book it yourself and try and reclaim the cost from BA after. BA will most likely refuse and you will have to go to CEDR/MCOL to have the chance to get anywhere, it certainly isn't guaranteed you would win.
suffice to say, this thread appears to be the wrong place to discuss what is required under EC261 for rebooking.
Last edited by Simon Schus; Jul 15, 2022 at 2:14 pm
#1825
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The current EI rebooking provision for BA extends to 31 July only. so mid August is out of scope at the moment. It is the case that rebooking arrangement needs negotiation with the airlines concerned. It's possible to suggest other options given more details. E.g. date of travel.
#1826
Join Date: Feb 2014
Posts: 907
The current EI rebooking provision for BA extends to 31 July only. so mid August is out of scope at the moment. It is the case that rebooking arrangement needs negotiation with the airlines concerned. It's possible to suggest other options given more details. E.g. date of travel.
It is fully reasonable for statements like “EC261 rerouting rules apply to rerouting this far out” and “the customer-proposed route isn’t allowed” to be true at the same time, based on my reading of EC261. However, I was focusing exclusively on the accuracy of the former statement given what BA had told me to the contrary.
Thank you KARFA and cws
EDIT: correcting a typo in my comment about EC261!
Last edited by Simon Schus; Jul 15, 2022 at 2:40 pm
#1827
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This thread is about EC261, no question of that, not just compensation, which is one feature, so is rebooking. I think I have been clear about the rebooking entitlement, but to be as clear as I can:
- Cancellations give the passenger the right to be rebooked.
- It does not give the passenger the right to be rebooked exactly as they choose
- It does not necessarily give the passenger the right to be rebooked on something being sold by BA at the moment
- There is a right to being rebooked "at the earliest opportunity".
- There is not an explicit right to be rebooked on another airline, though some legal remedies follow if this is not done
- The CAA has advised airlines that where possible rebooking should be done the same day and on direct services, and given a choice, same day counts more than direct. This is guidance not law.
- Passengers are at liberty to make alternative arrangements, perhaps by cancelling and using the refunded sum to get a cheaper alternative, or one not offered by airlines
- Passenger are at liberty to rebook more expensive options, and this may be reclaimable after travel. However it's not guaranteed to work, plus there is a requirement to be resonable and proportionate. It probably means at least starting a court case, and if BA have offered either a same day connection of some sort then it may not work out.
- Cancellations give the passenger the right to be rebooked.
- It does not give the passenger the right to be rebooked exactly as they choose
- It does not necessarily give the passenger the right to be rebooked on something being sold by BA at the moment
- There is a right to being rebooked "at the earliest opportunity".
- There is not an explicit right to be rebooked on another airline, though some legal remedies follow if this is not done
- The CAA has advised airlines that where possible rebooking should be done the same day and on direct services, and given a choice, same day counts more than direct. This is guidance not law.
- Passengers are at liberty to make alternative arrangements, perhaps by cancelling and using the refunded sum to get a cheaper alternative, or one not offered by airlines
- Passenger are at liberty to rebook more expensive options, and this may be reclaimable after travel. However it's not guaranteed to work, plus there is a requirement to be resonable and proportionate. It probably means at least starting a court case, and if BA have offered either a same day connection of some sort then it may not work out.
Last edited by corporate-wage-slave; Jul 15, 2022 at 2:37 pm
#1828
Join Date: Mar 2018
Programs: BA Silver
Posts: 34
Cancellation codes please
Hello. Not had much luck with BA the last 24hrs, with three flights canceled this and next week! Be grateful if someone could help me out with the cancellation codes please:
15/07: BA2775 JER-LHR
19/07: BA416 LHR-LUX
22/07: BA417 LUX-LHR
TIA
15/07: BA2775 JER-LHR
19/07: BA416 LHR-LUX
22/07: BA417 LUX-LHR
TIA
#1829
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BA2775 = ARPN - airport / No (very much open to challenge this)
The others are not operational yet and may not show, but it worth checking again on the day. I bet it's the same though.
The others are not operational yet and may not show, but it worth checking again on the day. I bet it's the same though.