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
#646
Join Date: May 2015
Posts: 579
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.
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...
#647
Join Date: Mar 2022
Posts: 6
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.
#649
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: 63,837
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.
#650
Join Date: Mar 2022
Posts: 6
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.
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…)
#651
Join Date: Dec 2020
Posts: 114
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.
#653
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,983
compensation may be payable regardless of which option you pick, but will depend on the reason.
#654
Join Date: Aug 2021
Programs: BA Gold, Virgin, Hilton, Marriott
Posts: 18
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?
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?
#655
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: 63,837
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?
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?
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.
#656
Join Date: Nov 2021
Programs: BAEC
Posts: 331
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?
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?
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.
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.
(And I too want to thank c-w-s for the continued great advice and help )
#657
Join Date: Aug 2021
Programs: BA Gold, Virgin, Hilton, Marriott
Posts: 18
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)
#658
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: 63,837
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.
#659
Join Date: Aug 2021
Programs: BAEC
Posts: 16
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?
#660
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,983
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.