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The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004

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Old Jan 3, 2021, 2:19 am
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The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004

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Old Jul 21, 2022, 2:29 am
  #1921  
 
Join Date: Mar 2009
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Some advice please

if a scheduled flight is cancelled inside 14 days and the alternative is 2 hours earlier, how much EU/U.K. 261 is payable.

thanks
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Old Jul 21, 2022, 2:32 am
  #1922  
 
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Originally Posted by binman
Some advice please

if a scheduled flight is cancelled inside 14 days and the alternative is 2 hours earlier, how much EU/U.K. 261 is payable.

thanks
It’s worth checking here, as there are different rules for within 14 and within 7 days. Is it more than 2 hours or exactly, etc..
www.citizensadvice.org.uk/consumer/holiday-cancellations-and-compensation/if-your-flights-delayed-or-cancelled/
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Old Jul 21, 2022, 2:38 am
  #1923  
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Originally Posted by binman

if a scheduled flight is cancelled inside 14 days and the alternative is 2 hours earlier, how much EU/U.K. 261 is payable.
It depends on the distance, but see post 3 for the details. Two hours precisely is not eligible for compensation for changes notified 7 to 14 days before departure.
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Old Jul 21, 2022, 2:46 am
  #1924  
 
Join Date: Jan 2017
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Posts: 847
Originally Posted by corporate-wage-slave
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.
Just coming back with the result from this, BA have coughed up EUR400 with no arguing.

Thanks again for the advice corporate-wage-slave
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Old Jul 21, 2022, 3:49 am
  #1925  
 
Join Date: Aug 2011
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Totally confused!

My wife, 3 kids and her parents are booked to fly from Boston, Logan to Edinburgh via Heathrow on the 28th July.
1715 to 0650 Boston to Heathrow (28th)
12.10 to 1335 Heathrow to Edinburgh (29th)
The flight from Heathrow to Edinburgh has now been cancelled and there are no other flights from Heathrow to Edinburgh that day. She could take the following flight:
0650 to 1825 (28th)
2105 to 2230 (28th)

but how much compensation are they going to entitled to and is it based on the whole journey length or just from Heathrow to Edinburgh.

Alternatively, should I try and arrange something different, like a flight into Glasgow?

Thanks

Gareth
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Old Jul 21, 2022, 5:13 am
  #1926  
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Originally Posted by garthpig
but how much compensation are they going to entitled to and is it based on the whole journey length or just from Heathrow to Edinburgh.

Alternatively, should I try and arrange something different, like a flight into Glasgow?
The compensation situaiton is unclear, and you can't count on getting anything. See upthread about whether a HAL inspired cancellation is in scope for EC261 or not. It would be based on the whole journey though. As for best options, then personally I would look to get to LHR. She does have the option of asking the contact centre to replace LHR-EDI flight with an LNER train KGX to EDB, or to use GLA, NCL or if you are north of the bridge ABZ.
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Old Jul 21, 2022, 6:13 am
  #1927  
 
Join Date: Aug 2011
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I rebooked her on the earlier flight. I'll submit a claim and see what happens next. Thanks for your help
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Old Jul 21, 2022, 6:54 am
  #1928  
 
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Could someone please check the delay reason for the 892 to Sofia today in preparation for a delay claim?
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Old Jul 21, 2022, 7:43 am
  #1929  
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Originally Posted by Schwann
Could someone please check the delay reason for the 892 to Sofia today in preparation for a delay claim?
Four hour delay at the moment. Showing as "operational" ZO but as ever the most important piece of information is to note down what exactly the flight deck says at the pre-departure briefing.
Schwann likes this.
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Old Jul 21, 2022, 7:52 am
  #1930  
 
Join Date: Jan 2022
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Originally Posted by corporate-wage-slave
Judges work solely on the basis of the law and its interpretation. If the court comes to the view that the CEDR process was wrong in law they would, without doubt, say so. The only thing to be careful of is that where there is a genuinely hopeless case which someone takes to MCOL after CEDR then at some point the judge may take the view that the usual cost structure for losing claimants should be varied to include more of BA's legal costs. BA would be entirely right and correct to say CEDR had agreed with them on a particular dispute, but a claimant would also be be right to point out that CEDR is a self-appointed and self-funded agency contracting for BA. Rarely will a case hinge on these factors though.
As the compensation expert, and based on your vast knowledge of these ticket validity rebookings, would you say CEDR should be tried first or is MCOL the better option?

my economy class rebookings have cost me Ł9k across the two return flights (family of 4) so want to make the right choice!
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Old Jul 21, 2022, 7:59 am
  #1931  
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Originally Posted by asimlut
As the compensation expert, and based on your vast knowledge of these ticket validity rebookings, would you say CEDR should be tried first or is MCOL the better option?

my economy class rebookings have cost me Ł9k across the two return flights (family of 4) so want to make the right choice!
If it hinges on whether the ticket validity and expiry policies trump EC261 then I would say MCOL. If it is such a substantial sum then BA may defend it. You could push through one person's case to begin with.
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Old Jul 21, 2022, 4:11 pm
  #1932  
 
Join Date: Sep 2015
Posts: 243
Originally Posted by RockyRobin
Hi,

BA have just written to me stating I am eligible for 250E compensation due to a flight cancellation.

What they haven't mentioned are the expenses incurred due to the cancellation; these are supposed to be outside of the compensation?

Also doesn't help they just send a ref number when one has multiple claims outstanding....
pleased to hear. What was your claim in relation to?
EGLK FLYER is online now  
Old Jul 21, 2022, 5:42 pm
  #1933  
 
Join Date: May 2013
Location: UK
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This is not an EC261 question but concerns a related problem and thought this was the best place for the question, Mods please move/delete as needed:

One branch of my family got caught by serious delays MAD-LHR on Friday 1st July.
  • They arrived at MAD 3.5hrs in advance but the queues were such that they had no time to get to the lounge.
  • At T5,they waited by the baggage belt for 2 hrs before being told that their two bags were lost. The bags arrived a few days later in two separate deliveries.
All this with their 7mth daughter. Fortunately, their daughter did not scream the place down (in either airport) but the wait for baggage was really tedious. Eventually Mum came out to where we were waiting in order to get to the car to feed her. BA have agreed to pay the extra time the car was in the parking but - is there any redress?

Will BA just say, "The airport facilities are beyond our control?"
Any suggestions? Thanks.
Paxing is offline  
Old Jul 21, 2022, 6:06 pm
  #1934  
 
Join Date: Jan 2022
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Originally Posted by corporate-wage-slave
If it hinges on whether the ticket validity and expiry policies trump EC261 then I would say MCOL. If it is such a substantial sum then BA may defend it. You could push through one person's case to begin with.
one of the flights was rebooking from Summer 2021 to Summer 2022 so can definitely justify “passenger convenience” under EC261.

The other is more difficult to justify.

I think I’ll take one booking with one passenger through MCOL first (as at MCOL each claimant has to do their own) and see how it goes. Will keep everyone updated via this thread.
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Old Jul 22, 2022, 4:58 am
  #1935  
 
Join Date: Jan 2007
Posts: 4,709
Originally Posted by Frequentflyer99
As a data point, BA has just agreed to pay the whole 100% compensation due on an EU to UK flight that was cancelled and on which I was moved to a flight more than 2 hours earlier. I attached a summary of the relevant ECJ judgment (downloaded from the ECJ website) to the claim and told them that I was due 100% and not their usual 50%. They obviously agreed with me. It took 3 weeks for the claim to be processed.
I ended up having the 50% offered, after the first CEDR deadline being missed... I then had an actual response and offer from BA 2 days later. Couldn't be bothered fighting and digging out the ECJ case so just accepted it in the end.

Originally Posted by Paxing
This is not an EC261 question but concerns a related problem and thought this was the best place for the question, Mods please move/delete as needed:

One branch of my family got caught by serious delays MAD-LHR on Friday 1st July.
  • They arrived at MAD 3.5hrs in advance but the queues were such that they had no time to get to the lounge.
  • At T5,they waited by the baggage belt for 2 hrs before being told that their two bags were lost. The bags arrived a few days later in two separate deliveries.
All this with their 7mth daughter. Fortunately, their daughter did not scream the place down (in either airport) but the wait for baggage was really tedious. Eventually Mum came out to where we were waiting in order to get to the car to feed her. BA have agreed to pay the extra time the car was in the parking but - is there any redress?

Will BA just say, "The airport facilities are beyond our control?"
Any suggestions? Thanks.
So there was no delay? Just a wait for baggage? And didn't make the lounge?

I can't see anything here that BA would provide compensation for (definitely not under EC261/2004), it's all airport controlled.

I had similar where I missed a flight because the airport took too long with security, just chalk it up to experience and/or travel insurance (if they might pay out something); but you didn't miss a flight etc. so nothing travel insurance claimable I would say as bags were delayed on arrival.
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