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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 Mar 16, 2022, 3:07 pm
  #646  
 
Join Date: May 2015
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Originally Posted by corporate-wage-slave
It maybe an unhelpful coincidence. As you will no doubt have seen in the forum, BA is systematically refunding FTVs due to the hassle they are causing to Contact Centres. I doubt it makes any difference to your claim. BA are also in the habit of automatically and unexpectedly refunding some tickets going through EC261, it doesn't change the arguments around it, but in some cases BA just works on automation.
This is a helpful perspective.
I guess I'm just worried that if CEDR put it to BA, Ba can argue that 'the ticket has been refunded and the claimant is not longer a customer'. but form what you are saying that won't wash. I guess if CEDR eventually rule in my favour I would simply have to pay the amount of refunded Avios and taxes for reinstatement of the ticket as it was...
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Old Mar 16, 2022, 3:10 pm
  #647  
 
Join Date: Mar 2022
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Originally Posted by BLHD
Has anyone seen any response following claims from 2 weeks ago when BA effectively abandoned Short Haul?
currently in dispute as they cancelled a flight from Salzburg on 27th Feb hours before departure and their site only offered Salzburg flights days in the future (weekends only flights). Impossible to contact by phone. So to get home that day I booked last two tickets from Innsbruck at 1600 euros/pair. BA won’t pay - I’m claiming under EC261. Emailed Sean Doyle and heard back today “we’d really like to talk to you” from a sidekick and their Global Engagement Executive (“dedicated team that work with CEO personally”) are looking in to it. They did agree the 250 euros/pp. I saved them a shed load of money not having to book a hotel for 6 or 7 days.
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Old Mar 16, 2022, 3:14 pm
  #648  
 
Join Date: Mar 2022
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Originally Posted by Lioneye
I didn't ask for a refund they just said they were arranging it.

I will wait for the refund and claim the difference.

Thanks.
exactly this. If they unilaterally refund you can still claim the difference. It’s in EC261
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Old Mar 16, 2022, 3:34 pm
  #649  
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Originally Posted by Buchanan101
currently in dispute as they cancelled a flight from Salzburg on 27th Feb hours before departure and their site only offered Salzburg flights days in the future (weekends only flights). Impossible to contact by phone. So to get home that day I booked last two tickets from Innsbruck at 1600 euros/pair. BA won’t pay - I’m claiming under EC261. Emailed Sean Doyle and heard back today “we’d really like to talk to you” from a sidekick and their Global Engagement Executive (“dedicated team that work with CEO personally”) are looking in to it. They did agree the 250 euros/pp. I saved them a shed load of money not having to book a hotel for 6 or 7 days.
Welcome to Flyertalk and welcome to the BA forum. Please keep us informed on progress of this. They have in the past paid for alternative bookings but usually with some reluctance. If Global Engagement (a souped up version of Customer Relations) still declines then you have several other options open to you.
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Old Mar 16, 2022, 3:55 pm
  #650  
 
Join Date: Mar 2022
Posts: 6
Originally Posted by corporate-wage-slave
Welcome to Flyertalk and welcome to the BA forum. Please keep us informed on progress of this. They have in the past paid for alternative bookings but usually with some reluctance. If Global Engagement (a souped up version of Customer Relations) still declines then you have several other options open to you.
Thanks. Will do. There was no realistic way of booking anything through their system on mmb link in cancellation text - it was only showing Salzburg. They didn’t offer an alternative and were not contactable so I’m entitled to re-route. Not as if I rerouted on another airline and as they were filling middle club seats the flight cost them a bit of fuel, a rubbish meal and a drink…

I sent a Letter Before Action yesterday giving them 21 days and mentioning MCOL and CEDR. Also spoke to Which Legsl who said BA’s only get out is that I didn’t contact them to get rerouted…as if anyone can contact them. I’d have lost the flights. - they were booked at 5:10 am local, and I checked straight after and there weren’t any more. Which suggested that I say I acted on the best interests of both parties and acted to mitigate costs to BA (which would’ve been a hotel for 6 or 7 days, plus…)
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Old Mar 16, 2022, 4:06 pm
  #651  
 
Join Date: Dec 2020
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Originally Posted by Buchanan101
currently in dispute as they cancelled a flight from Salzburg on 27th Feb hours before departure and their site only offered Salzburg flights days in the future (weekends only flights). Impossible to contact by phone. So to get home that day I booked last two tickets from Innsbruck at 1600 euros/pair. BA won’t pay - I’m claiming under EC261. Emailed Sean Doyle and heard back today “we’d really like to talk to you” from a sidekick and their Global Engagement Executive (“dedicated team that work with CEO personally”) are looking in to it. They did agree the 250 euros/pp. I saved them a shed load of money not having to book a hotel for 6 or 7 days.
Curious, what's Doyle's email address?
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Old Mar 16, 2022, 4:23 pm
  #652  
 
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Originally Posted by jomala05
Curious, what's Doyle's email address?
Easily available via Google...
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Old Mar 16, 2022, 5:04 pm
  #653  
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Originally Posted by Buchanan101
exactly this. If they unilaterally refund you can still claim the difference. It’s in EC261
i think if you ask for a refund then you have taken that option and not a reroute. In that scenario the airlines refunds the booking and you are then free to make your own arrangements as you see fit at your own expense. You can’t choose to refund and go after the airline for your alternative self booked flight costs.

compensation may be payable regardless of which option you pick, but will depend on the reason.
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Old Mar 17, 2022, 6:43 am
  #654  
 
Join Date: Aug 2021
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Thanks to all contributors - especially C-W-S.
My situation is that I had flights booked to Santiago in 2021, return in May 2022 (using Avios and a 2-4-1): BA cancelled the flights in mid 2021. I tried to change the flight dates to 17 Oct 2022, return 21 Feb 2023 - explaining that I had commitments that made travel before 17 Oct 2022 impossible. BA refused, as requested date was more than 1 year later than original flight date. I exchanged emails, and BA refused to budge (in effect, "deadlock").
8 Feb 2022: I made a CEDR claim for flights with another airline on my preferred dates, and included the receipt for the (replacement) flights.
1 Mar 2022: CEDR supported my claim, and gave BA "60 working days" to respond. (So 31 May, allowing for Bank Holidays)..

a. When do readers think that I will receive a response from BA? (and are BA likely to negotiate?)
b. Do I need to do anything about my "original return" BA flight? (On May 2022). BA know that the outbound didn't fly - but the return leg is still showing in "Manage my booking"
c.Is it right to assume that if I am awarded the cost of my replacement flights, then I will lose the Avios and the 2-4-1?
d. Any other advice?
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Old Mar 17, 2022, 7:25 am
  #655  
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Originally Posted by Lurker_01
a. When do readers think that I will receive a response from BA? (and are BA likely to negotiate?)
b. Do I need to do anything about my "original return" BA flight? (On May 2022). BA know that the outbound didn't fly - but the return leg is still showing in "Manage my booking"
c.Is it right to assume that if I am awarded the cost of my replacement flights, then I will lose the Avios and the 2-4-1?
d. Any other advice?
a) Normally BA work back from deadlines. It used to be 3 weeks, but it got doubled Due To and has stayed there since. I wouldn't expect a rapdi response, and I can almost predict the reply: a lot list of conditions of carriage and spurious references to IATA and Montréal.
b) I would leave that return for now, so long as you included it in your CEDR complaint.
c) On previous examples of this, CEDR have ordered BA to replace the flights like for like, but it's a bit difficult to say. It depends a bit on how you worded your claim, for example, and in respect of the return flight too.
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Old Mar 17, 2022, 10:05 am
  #656  
 
Join Date: Nov 2021
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Originally Posted by Lurker_01
Thanks to all contributors - especially C-W-S.

1 Mar 2022: CEDR supported my claim, and gave BA "60 working days" to respond. (So 31 May, allowing for Bank Holidays)..

a. When do readers think that I will receive a response from BA? (and are BA likely to negotiate?)
b. Do I need to do anything about my "original return" BA flight? (On May 2022). BA know that the outbound didn't fly - but the return leg is still showing in "Manage my booking"
c.Is it right to assume that if I am awarded the cost of my replacement flights, then I will lose the Avios and the 2-4-1?
d. Any other advice?
Originally Posted by corporate-wage-slave
a) Normally BA work back from deadlines. It used to be 3 weeks, but it got doubled Due To and has stayed there since. I wouldn't expect a rapdi response, and I can almost predict the reply: a lot list of conditions of carriage and spurious references to IATA and Montréal.
b) I would leave that return for now, so long as you included it in your CEDR complaint.
c) On previous examples of this, CEDR have ordered BA to replace the flights like for like, but it's a bit difficult to say. It depends a bit on how you worded your claim, for example, and in respect of the return flight too.
What exactly did CEDR say when they supported your claim? Did they say BA should pay for the replacement flights?

(And I too want to thank c-w-s for the continued great advice and help )
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Old Mar 17, 2022, 10:23 am
  #657  
 
Join Date: Aug 2021
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Originally Posted by sayling
What exactly did CEDR say when they supported your claim? Did they say BA should pay for the replacement flights?
Apologies if not clear - I meant that CEDR "accepted the case" after a 3-week review of the papers that I sent them. The next step in the process is for BA to consider my case, then respond (and the CEDR give BA 60 working days to respond)
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Old Mar 17, 2022, 11:32 am
  #658  
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Originally Posted by Lurker_01
Apologies if not clear - I meant that CEDR "accepted the case" after a 3-week review of the papers that I sent them. The next step in the process is for BA to consider my case, then respond (and the CEDR give BA 60 working days to respond)
Just to clarify this to those unfamiliar with the process. The CEDR gets lots of complaints about airlines and in many cases there is no basis for them to act - it may be some issue connected with airports, or an issue not covered by EC261 such as a rude check-in agent. There is also a requirement to exhaust all complaint methods with airlines, including the 8 week rule, hence my frequent advice to get a note from BA that "our answer will not change" - this is the cut/paste response BA will eventually give. So CEDR first do a check on the basics of the claim to see if it's for an airline and issue in scope for CEDR's activities. After they have checked that, they notify the airline that this complaint has been made and then notify the passenger that the case is accepted for alternative dispute resolution. CEDR won't make a judgement on the merits of the claim itself until BA has given their side of the story to CEDR.
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Old Mar 18, 2022, 12:54 am
  #659  
 
Join Date: Aug 2021
Programs: BAEC
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I have had a flight cancelled by BA, and they have told me on the phone that if they rebook me with another carrier I have to pay the difference in fare. Is this actually the case under EC261?
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Old Mar 18, 2022, 12:57 am
  #660  
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Originally Posted by Jojobarnes
I have had a flight cancelled by BA, and they have told me on the phone that if they rebook me with another carrier I have to pay the difference in fare. Is this actually the case under EC261?
Well unless there are some very unusual details here, then that is categorically untrue. You are entitled to be rebooked in the event of a cancellation, and that can be on BA or another airline. In both cases you are not liable for any fare difference.
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