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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 Apr 17, 2022, 2:32 am
  #916  
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Originally Posted by AM123
also, if i decided to take the 1540 flight vice 0750, would i still be entitled to the compensation? Got a call the next morning which prevents me being in the air then if i can help it - just worried they would say i flew later than the first possible option (even though that was 10 hours later)
When you have a cancellation, which clearly gives rise to EC261, then you probably best separate out the EC261 entitlement from the rebooking entitlement, which as a minimum is -3 days to +14 days. So both items definitely arises. If you cannot take the earlier flight (e.g. you would not have booked that flight had that been the only service in the schedule) then you should be OK for an overnight hotel + meal. So I would claim for that plus the full amount for the distance, and rebook to what is convenient to you. BA may argue that 50% applies due to the 11 hrs option, but I suspect they will not do so. If they did you will presumably have good reasons for saying this was never viable to you.
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Old Apr 17, 2022, 2:34 am
  #917  
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Originally Posted by binman
Claim submitted 26th February. Not a peep out of BA. It’s appalling and utterly frustrating that they are still getting away with this
Just apply to CEDR next Saturday, when your 8 weeks is up.
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Old Apr 17, 2022, 3:57 am
  #918  
 
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It might be a little late to be querying this, but I've been reading up on lots of this thread and now wondering whether I am entitled to any compensation, or whether I've waited to long to even get anything.

Back in December, I was booked on BA481 from BCN to LHR. On the day of the flight (about 14 hours before) I got an email saying it was cancelled, and I was provided with another BA option leaving exactly 2 hours earlier. This didn't work for me as I had plans in Barcelona and couldn't leave to the airport that early, so I ended up just cancelling and booking the Vueling flight to Gatwick leaving later in the evening (and shockingly only costing 36Ł when booked 9 hours before departure).

Am I entitled to any compensation via EC261 even though I did cancel the original journey because it didn't work for me? Or have I left it too late to even get anything?

In a similar note, I am flying INV to OSL via LHR this week, and exactly 7 days before departure, the LHR-OSL leg was cancelled and I've been put on (and accepted) a departure 2.5 hours later. Am I entitled to any compensation here either? I'm a little gutted that I'll be missing out on a nice evening in Oslo as it is only a very short trip, but the extra hours in the Cathay Pacific First lounge will more than make up for it!
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Old Apr 17, 2022, 4:20 am
  #919  
 
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I had two cancellations for successive weekends for Bucharest flights, BA886 at 12.40

23rd and 30th May, with the cancellation notices being received at around 3am on the 16th.

On the 23rd I've been rebooked onto BA884 at 18.55 which I'm OK with. However as well within 2 weeks I assume UK261 is payable (unless anyone thinks otherwise).

For the 30th I was not auto-rebooked. Couple of questions here: on the dates and times (16th to 30th 3am notification, 12.40 flight), is a UK261 claim OK? It seems to fit within 14 calendar days, but not sure if the cancellation was the previous day and the message slow to catch up. Second question: if I switch end point to Sofia, do I screw up my UK261 claim? That flight leaves around 0815 on the 30th, so 4h25 before the original flight to Bucharest.
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Old Apr 17, 2022, 4:48 am
  #920  
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Originally Posted by RudderDucky
Am I entitled to any compensation via EC261 even though I did cancel the original journey because it didn't work for me? Or have I left it too late to even get anything?

In a similar note, I am flying INV to OSL via LHR this week, and exactly 7 days before departure, the LHR-OSL leg was cancelled and I've been put on (and accepted) a departure 2.5 hours later. Am I entitled to any compensation here either? I'm a little gutted that I'll be missing out on a nice evening in Oslo as it is only a very short trip, but the extra hours in the Cathay Pacific First lounge will more than make up for it!
For BCN service you have not left it too late, but it would depend on the reason for the cancellation. If it was bad weather, for example, then you wouldn't get very far. If it is eligible, then it's a 125€ payment due to the offer of an earlier service.

For OSL, let us say it's in the 14 to 7 day bracket for notification, then 2.5 hours is not enough to trigger payment, it would need to be more than 4 hours late.
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Old Apr 17, 2022, 5:01 am
  #921  
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Originally Posted by bisonrav
I had two cancellations for successive weekends for Bucharest flights, BA886 at 12.40

23rd and 30th May, with the cancellation notices being received at around 3am on the 16th.

On the 23rd I've been rebooked onto BA884 at 18.55 which I'm OK with. However as well within 2 weeks I assume UK261 is payable (unless anyone thinks otherwise).

For the 30th I was not auto-rebooked. Couple of questions here: on the dates and times (16th to 30th 3am notification, 12.40 flight), is a UK261 claim OK? It seems to fit within 14 calendar days, but not sure if the cancellation was the previous day and the message slow to catch up. Second question: if I switch end point to Sofia, do I screw up my UK261 claim? That flight leaves around 0815 on the 30th, so 4h25 before the original flight to Bucharest.
I guess we are talking about April, not May?

For the 23rd April, then yes it's OK for EC261.

For 30 April, I would see that as over 2 weeks and therefore not in scope. Clearly if the email was after 12:40 on 16 May then that's between 2 weeks and 7 days. Which to me suggests that notification before that time is more than 2 weeks. Moreover if you look at the (a) clause, the wording suggests that no compensation is due if you are given at least 2 weeks notice, which I think you have.

You can use the cancellation policy to flip to SOF, or you can cancel and rebook. For the 23rd you would need to cancel and rebook to get EC261. You can rebook and claim compensation, but the Regulation awkwardly says "to their final destination", and I don't think you can argue SOF is in the same vicinity as OTP. So if you use the gateway rule to move to SOF with a re-fare then I think you can assume you won't get EC261, it's essentially a different booking at that point.
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Old Apr 17, 2022, 6:13 am
  #922  
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Originally Posted by corporate-wage-slave
For BCN service you have not left it too late, but it would depend on the reason for the cancellation. If it was bad weather, for example, then you wouldn't get very far. If it is eligible, then it's a 125€ payment due to the offer of an earlier service.

For OSL, let us say it's in the 14 to 7 day bracket for notification, then 2.5 hours is not enough to trigger payment, it would need to be more than 4 hours late.
Is this €125 due to it being within 2 hours? If they only offered me a flight 7 hours earlier than the cancelled one (London to Zagreb) 8 days out would that be €250 or €125? I assume getting a refund and not switching doesn’t effect this

Can a replacement Ryanair flight and the original national express ticket (to the original cancelled flights and thus useless) also be claimed for?

Last edited by PxC; Apr 17, 2022 at 6:23 am
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Old Apr 17, 2022, 6:43 am
  #923  
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Originally Posted by PxC
Is this €125 due to it being within 2 hours? If they only offered me a flight 7 hours earlier than the cancelled one (London to Zagreb) 8 days out would that be €250 or €125? I assume getting a refund and not switching doesn’t effect this

Can a replacement Ryanair flight and the original national express ticket (to the original cancelled flights and thus useless) also be claimed for?
The Reduced Amount is due to arrival not being more than 2 hours late at the arrival airport compared to the original schedule, see Regulation Article 7.2, post 3 question 2, but also posts 823 and 827. You can get that if you cancel your flight.

The replacement flight and National Express tickets are consequential losses so that's for insurance or self-insurance.
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Old Apr 17, 2022, 11:51 am
  #924  
 
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Originally Posted by binman
Claim submitted 26th February. Not a peep out of BA. It’s appalling and utterly frustrating that they are still getting away with this
I had a flight on 27th Feb that was cancelled on the evening of 26th, and rebooked to the very first flight on 27th, over four hours earlier. I submitted a compensation claim on 13th March.

21st March - an automated "We're on the case" email from BA
28th March - an automated "We'll be in touch" email from BA
3rd April - an automated "Thank you for bearing with us" email from BA
10th April - an automated "Sorry you're still waiting" email from BA.

I assume there'll be another automated time-wasting email in the next day or two.
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Old Apr 17, 2022, 12:03 pm
  #925  
 
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26 Feb

Originally Posted by binman
Claim submitted 26th February. Not a peep out of BA. It’s appalling and utterly frustrating that they are still getting away with this
Originally Posted by TownCar
I had a flight on 27th Feb that was cancelled on the evening of 26th, and rebooked to the very first flight on 27th, over four hours earlier. I submitted a compensation claim on 13th March.

21st March - an automated "We're on the case" email from BA
28th March - an automated "We'll be in touch" email from BA
3rd April - an automated "Thank you for bearing with us" email from BA
10th April - an automated "Sorry you're still waiting" email from BA.

I assume there'll be another automated time-wasting email in the next day or two.
As a data point I had a cancellation on the 26 Feb in the morning.

26 Feb: Flight Cancelled and Claim Submitted
19 Mar: Response (incorrect amount) - I replied
21 Mar: Agreed to pay up Ł350 for the canc/delay
29 Mar: Received money to account

Separately my claim for Duty of care for delayed flight 20 Mar has not been responded to yet.
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Old Apr 17, 2022, 1:50 pm
  #926  
 
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Originally Posted by corporate-wage-slave
I guess we are talking about April, not May?

For the 23rd April, then yes it's OK for EC261.

For 30 April, I would see that as over 2 weeks and therefore not in scope. Clearly if the email was after 12:40 on 16 May then that's between 2 weeks and 7 days. Which to me suggests that notification before that time is more than 2 weeks. Moreover if you look at the (a) clause, the wording suggests that no compensation is due if you are given at least 2 weeks notice, which I think you have.

You can use the cancellation policy to flip to SOF, or you can cancel and rebook. For the 23rd you would need to cancel and rebook to get EC261. You can rebook and claim compensation, but the Regulation awkwardly says "to their final destination", and I don't think you can argue SOF is in the same vicinity as OTP. So if you use the gateway rule to move to SOF with a re-fare then I think you can assume you won't get EC261, it's essentially a different booking at that point.
Yes indeed, and it was indeed April rather than May.

I detailed what happened in another thread, but in fact I think the 30th OTP flight would have counted. Because it was actually a single JER->OTP sequence starting on the 29th, with a layover. In the event as I wasn't ticketed despite everything looking healthy in MMB and my receiving communications about the flights, I doubt either claim would be valid. Interesting grey area.
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Old Apr 17, 2022, 3:50 pm
  #927  
 
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Hello everyone,

I booked a flight from Duesseldorf to Philadelphia and back with a connection at London Heathrow. Yesterday (9 days before departure), I was notified that the flight from Duesseldorf to London Heathrow had been cancelled. I had been automatically rebooked onto the next available flight, which departed 3 hours and 20 minutes earlier. This meant that the layover at LHR had doubled to almost 7 hours, and I had to depart 3 hours earlier from home. This wasn't doable for me and so I cancelled the journey, requested a refund, and booked tickets with a different airline. It's important to note that the offered rerouting only affected the first flight. The flight from LHR to PHL had not been canceled or rescheduled, nor would I arrive later at my final destination because the rebooking caused my first flight to arrive earlier.

I understand that I am eligible for compensation because I was notified between 2 weeks and seven days before the scheduled departure, and the alternative route that was offered departed more than 2 hours before the originally scheduled departure.

I booked both flights under one booking. My question is:

- Am I entitled to 600 EUR in compensation because my final destination (PHL) was more than 3500 kilometers from the origin airport (DUS)?

- Or, am I only entitled to 250 EUR in compensation because it was only the first flight that got canceled, even though the entire journey would have started more than 3 hours earlier as a result of the cancellation?

- Or, did I miss something, and am I not entitled to compensation at all (or perhaps for a different amount?)

I've read posts 823 and 827, which means BA may or may not want to halve the amounts above.
Any help would be much appreciated. Thank you all!
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Old Apr 17, 2022, 4:01 pm
  #928  
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Originally Posted by dan33
I've read posts 823 and 827, which means BA may or may not want to halve the amounts above.
Any help would be much appreciated. Thank you all!
The baseline is the whole journey, so 600€. And as you have pointed out, BA may halve that since the impact on your trip is an early departure, but you should still arrive on time. The fact that you cancelled is fine, and doesn't alter this.
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Old Apr 18, 2022, 5:42 am
  #929  
 
Join Date: Feb 2017
Posts: 34
Originally Posted by TownCar
I had a flight on 27th Feb that was cancelled on the evening of 26th, and rebooked to the very first flight on 27th, over four hours earlier. I submitted a compensation claim on 13th March.

21st March - an automated "We're on the case" email from BA
28th March - an automated "We'll be in touch" email from BA
3rd April - an automated "Thank you for bearing with us" email from BA
10th April - an automated "Sorry you're still waiting" email from BA.

I assume there'll be another automated time-wasting email in the next day or two.
I haven't even had those - got the 'we'll be in touch' email and that's it. Claim made 27th Feb, email rec'd same day.

Assuming no way to chase other than sitting and hoping?

CEDR next weekend it is then, barring a miracle this week
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Old Apr 18, 2022, 12:38 pm
  #930  
 
Join Date: Jun 2010
Location: Scotland
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Originally Posted by corporate-wage-slave
For BCN service you have not left it too late, but it would depend on the reason for the cancellation. If it was bad weather, for example, then you wouldn't get very far. If it is eligible, then it's a 125€ payment due to the offer of an earlier service.

For OSL, let us say it's in the 14 to 7 day bracket for notification, then 2.5 hours is not enough to trigger payment, it would need to be more than 4 hours late.
Thanks for the quick reply! I'll be submitting my claim and hopefully it's an easy process!
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