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
#811
Join Date: Oct 2017
Posts: 86
Just a quick question in regards to compensation in this specific case: BA SCL-LHR flight delayed by two days due to IT meltdown, less than 24h warning.
BA has thankfully confirmed compensation is due.
The amount is set as £501.23 (ie converted from 600€).
My understanding is that UK261 rather than EU261 would be the applicable legislation here, hence it should be £520.
It’s just £19 difference so I don’t think I’ll make a big fuss but just wanted to get an understanding from the experts here if I’m mistaken.
Cheers!
BA has thankfully confirmed compensation is due.
The amount is set as £501.23 (ie converted from 600€).
My understanding is that UK261 rather than EU261 would be the applicable legislation here, hence it should be £520.
It’s just £19 difference so I don’t think I’ll make a big fuss but just wanted to get an understanding from the experts here if I’m mistaken.
Cheers!
#812
Join Date: Aug 2019
Location: LCY/LHR
Programs: BA Gold & LH FTL
Posts: 6
Thanks everyone! Have decided to respond with a quick email, hoping they just agree.
#813
Join Date: Jan 2010
Location: UK
Programs: BAEC Silver
Posts: 756
1) Unfortunately that is just the peril of using AA and similar airlines outwith Europe. They were the operating airline and operating airline is all that matters in 99% of cases including this one. And that means I can't see any basis for delay compensation.
quick question wrt this one……..
Are you saying that no 261 compensation on AA because it is inbound to UK? Or AA are not liable at all because they are non EU airline?
TIA
#814
Join Date: May 2015
Posts: 579
BA did offer rebooking just any time within ticket validity, which I explained to them was not convenient for me.
I tried to enter non-cash amount but CEDR form insisted on an amount. I fully explained in the text I wanted CEDR to order a rebook
This was an avios booking so I certainly did not pay the amount claimed, but that was the amount that it would have cost me to rebook using cash. I'm hoping BA's 'choice' from CEDR will be give me cash to book at time of my convenience (since there is no avios), or allow me to rebook.
I tried to enter non-cash amount but CEDR form insisted on an amount. I fully explained in the text I wanted CEDR to order a rebook
This was an avios booking so I certainly did not pay the amount claimed, but that was the amount that it would have cost me to rebook using cash. I'm hoping BA's 'choice' from CEDR will be give me cash to book at time of my convenience (since there is no avios), or allow me to rebook.
Having access to 'YouFirst' I figured communication would be easier if I called.
Its now back with the adjudicators at CEDR who I hope will side with me
#815
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: 63,851
It's kind of both really. EC261 applies to European airlines to and from Europe, that means BA here. EC261 applies to all airlines where the trip starts in Europe, so AA going from UK to USA. But AA from USA to Europe is not in scope because neither case applies. And its good to remind people that this important consumer protection doesn't always apply on AA, AS, Qatar and other airlines, depending on the details. Whereas with BA, IB, AY, Ei this protection is in both directions.
#816
Join Date: Mar 2016
Posts: 79
On a LAX-LHR-CDG journey BA cancelled the CDG leg 8 days out. Rebooked onto a flight that would have got us into Paris 3hrs 40mins late.
Thanks to a tip on here I asked for the Paris flight to be moved back to September. Might use for another holiday.
Are we entitled to €300 compensation each for cancellation? On basis of:
Thanks to a tip on here I asked for the Paris flight to be moved back to September. Might use for another holiday.
Are we entitled to €300 compensation each for cancellation? On basis of:
- less than 2 weeks notice of cancellation
- delay would have been more than 3 hours (but less than 4)
- distance is calculated from LAX not just last leg
#817
Join Date: May 2005
Location: Belfast, UK
Programs: Executive Club (Gold), Marriot Bonvoy (Gold)
Posts: 119
Hi everyone, I’m flying DUB-LHR-DFW today one one PNR. My DUB-LHR 10.45am flight was cancelled on Thursday evening, and I was rebooked on the 09.30am departure and downgraded from Club Europe to Euro Traveller. (The rebooking also saw me moved on to the BA operated LHR-DFW flight but I changed that back to the AA operated flight as I prefer their seat vs old Club World.)
I’m going to apply for the 30% small amount of cash for the downgrade, but it’s been suggested I may be eligible for compensation for the cancellation as it was within seven days of the flight departure.
I’ve looked up the legislation (UK261) and it says if a flight is cancelled within seven days you are eligible to compensation unless the passenger’s re-routing allows them to “depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.”
My DUB-LHR flight did leave more than an hour before my cancelled flight - so does that mean I can claim compensation? And if so is it for the single leg of the journey or the whole of the journey? I really couldn’t work it out so any help much appreciated thanks!
I’m going to apply for the 30% small amount of cash for the downgrade, but it’s been suggested I may be eligible for compensation for the cancellation as it was within seven days of the flight departure.
I’ve looked up the legislation (UK261) and it says if a flight is cancelled within seven days you are eligible to compensation unless the passenger’s re-routing allows them to “depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.”
My DUB-LHR flight did leave more than an hour before my cancelled flight - so does that mean I can claim compensation? And if so is it for the single leg of the journey or the whole of the journey? I really couldn’t work it out so any help much appreciated thanks!
#818
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: 63,851
No, unfortunately in this scenario the relevant time scales - if informed more than a week before departure - require at least a 4 hour delay. Had it been less than a week's notice that then falls to 2 hours.
#819
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: 63,851
Yes that get's cancellation compensation, but only at the half rate, since presumably you will still arrive in DFW at the same time. But is should be based on the whole journey. The refund on the downgraded sector will be very little, if you have a BAEC account it would usually be better to ask for some Avios as a customer service gesture rather than to pursue that.
#820
Join Date: Mar 2016
Posts: 79
Or am I clutching at straws 😆
#821
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: 63,851
#822
Join Date: May 2005
Location: Belfast, UK
Programs: Executive Club (Gold), Marriot Bonvoy (Gold)
Posts: 119
Yes that get's cancellation compensation, but only at the half rate, since presumably you will still arrive in DFW at the same time. But is should be based on the whole journey. The refund on the downgraded sector will be very little, if you have a BAEC account it would usually be better to ask for some Avios as a customer service gesture rather than to pursue that.
#823
FlyerTalk Evangelist
Join Date: Feb 2000
Location: London, UK and Southern France
Posts: 18,366
Yes that get's cancellation compensation, but only at the half rate, since presumably you will still arrive in DFW at the same time. But is should be based on the whole journey. The refund on the downgraded sector will be very little, if you have a BAEC account it would usually be better to ask for some Avios as a customer service gesture rather than to pursue that.
#824
Join Date: Jul 2010
Location: Essex!
Programs: BA GGL/GfL, IHG Spire Elite, Hilton Diamond
Posts: 126
More advice requested. I will report back on what happens (if I have a claim) and for C-W-S who I am sure remembers everything, I have still not had a final answer from BA on my partner's delayed Israeli trip. Am prepared to wait patiently as I imagine BA are overwhelmed!
Anyway. On to today's matter/
I have an ex-EU trip starting Monday 18 April with routing Dublin to Heathrow to Cape Town. One ticket/PNR
I have been advised today (so more then 7 days and less than two weeks) that the Dublin to Heathrow flight due to depart at 1745 has been cancelled. Manage My Booking gives the latest equivalent flight as departing Dublin at 1300 so significantly earlier. I already had a reasonable connection so now I will be at Heathrow for almost 8 hours!
MMB shows some other later options using BA CityFlyer to London City meaning I would then have some risk due to the transfer of airports. The latest of these departs 1650 so less than one hour earlier than the cancelled flight and still 4 hours connection time.
As I understand it from C-W-S initial posts, Quote : b) You are given between two weeks and 7 days’ notice of the cancellation and you are offered rerouting which leaves more than 2 hours earlier than originally scheduled or arrives at your final destination more than 4 hours later than originally scheduled.
Can I argue that because the latest exact equivalent replacement flight leaves nearly 5 hours earlier than the cancelled flight that I am entitled to reduced compensation and that I did not choose the London City alternatives because of potential misconnect? I will still arrive on time (I hope) at my final destination.
Fortunately, I have followed "sage advice" from this forum and am booked to travel to Dublin the day before. The small cost of a hotel is more than offset by the ex-EU savings and, as in this case, the lack of needing to "scramble" to catch an earlier flight than booked.
As ever. Advice appreciated. I will take the 1300 flight to Heathrow anyway. Thank goodness for CCR access (may try a sleep pod)
BONDY
Anyway. On to today's matter/
I have an ex-EU trip starting Monday 18 April with routing Dublin to Heathrow to Cape Town. One ticket/PNR
I have been advised today (so more then 7 days and less than two weeks) that the Dublin to Heathrow flight due to depart at 1745 has been cancelled. Manage My Booking gives the latest equivalent flight as departing Dublin at 1300 so significantly earlier. I already had a reasonable connection so now I will be at Heathrow for almost 8 hours!
MMB shows some other later options using BA CityFlyer to London City meaning I would then have some risk due to the transfer of airports. The latest of these departs 1650 so less than one hour earlier than the cancelled flight and still 4 hours connection time.
As I understand it from C-W-S initial posts, Quote : b) You are given between two weeks and 7 days’ notice of the cancellation and you are offered rerouting which leaves more than 2 hours earlier than originally scheduled or arrives at your final destination more than 4 hours later than originally scheduled.
Can I argue that because the latest exact equivalent replacement flight leaves nearly 5 hours earlier than the cancelled flight that I am entitled to reduced compensation and that I did not choose the London City alternatives because of potential misconnect? I will still arrive on time (I hope) at my final destination.
Fortunately, I have followed "sage advice" from this forum and am booked to travel to Dublin the day before. The small cost of a hotel is more than offset by the ex-EU savings and, as in this case, the lack of needing to "scramble" to catch an earlier flight than booked.
As ever. Advice appreciated. I will take the 1300 flight to Heathrow anyway. Thank goodness for CCR access (may try a sleep pod)
BONDY
#825
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: 63,851
Half rate does not apply when the departure time is put forward rather than delayed, as per the decision of the ECJ in Azurair et al last December (paras 88 to 94 of the judgment).