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
#91
Join Date: Jun 2012
Posts: 758
If BA have cancelled the route forever then normally they provide an alternative airline routing [...]. As far as EC261 is concerned, BA merely need to offer the next available service, you don't have an absolute right to being rebooked on another airline unless BA has no other BA flights.
If you rebook yourself on another airline, you will have to proceed with some caution since it's by no means guaranteed that you will get refunded.
If you rebook yourself on another airline, you will have to proceed with some caution since it's by no means guaranteed that you will get refunded.
How much can you push/force BA to reroute you on another airline and feasible itienrary?
I don't think they can simply tell you that the next BA flight is on July otherwise they should pay for accomodation in Brasil for the next months ...
As per Brazilian law "Lei 14.034/2020" and ANAC regulation Nº 400/ 2016 they must offer a rerouting on a third airline but we all know that the BA agents do not really care about it.
I need your experience on what a BA agent could do on this situation without arguing with them on what are my right under the The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 or the Brazil Law .
#92
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
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Posts: 63,809
I am not aware of a rebooking allowance, but there may be one, so you first need to call up BA and see what they can actually do. There is no point quoting law at customer contact staff, they are not lawyers and certainly not paid to work through the legal quagmire. But if you have a date in mind, see what they can do. There is little point calling if you don't have specific dates. Then you need to consider what is important. If the travel is sufficiently important that you have to travel, and yet BA won't offer an option, you need to consider whether you would take the matter to CEDR or MCOL. There is no certainty but some people have been refunded in that scenario before the CEDR/MCOL process has started in earnest. But obviously there is no certainty of success there, though as you rightly note you have quite a bit of potential legal backing to your case. In this scenario it's important not to cancel your Avios bookinp, otherwise you become a former customer. The situation isn't good but Brazil has achieved quite a bad reputation with this pandemic, and until something changes it won't get any easier.
#93
Join Date: May 2017
Posts: 2,016
I have a similar situation. I booked a BA avios ticket GRU-LHR-FCO departing on April and BA cancelled GRU-LHR flight. BA will not operate this route till July. Now I can't postpone the departure (long story). I know that they could offer a reroute on IB/BA GRU-MAD-LON-FCO or GRU-MAD-FCO but Spain does not allow the transit to a Schengen country and UK does not allow to travel to UK if you come from Brazil (https://www.gov.uk/guidance/booking-...ive-in-england and https://www.mscbs.gob.es/gabinete/no...nsa.do?id=5288). So both rerouting above are not possible unless you are a Spain citizen or UK Citizen (unluckily it's not my case).
How much can you push/force BA to reroute you on another airline and feasible itienrary?
How much can you push/force BA to reroute you on another airline and feasible itienrary?
If you booked GRU-LHR-FCO and you satisfy the transit requirements for LHR and the entry requirements for FCO, then BA has to re-route you if the flight is cancelled.
If you booked GRU-LHR-FCO and the flight is operating but you don't satisfy the transit requirements for LHR, then BA doesn't have to do anything. It's your problem if you can't travel.
Here we have a combination of the two: the flight is cancelled and you don't satisfy the transit requirements for LHR. In this special situation, I don't know what your rights are. BA has to offer re-routing but BA can maybe force you to take a routing which goes through LHR (e.g. GRU-XXX-LHR-FCO) which you can't take.
Would BA accept GRU-DOH-FCO or GRU-MAD-DOH-FCO?
#94
Join Date: Jun 2012
Posts: 758
corporate_wag_slave I will never authorize them to refund the ticket since they must reroute me to the final destination. My concern is not the new date but before the call, I thought that it could be useful to get tips on similar situations to understand if BA sometimes reprotects on more fancy routes like gru-mex-mad-fco etc...
Im a new user As I wrote BA cancelled the flight and it's illogic that an airline offer a reroute that a passenger can't take (i.e. a passenger book MAD-BOG direct flight, the airline cancels the flight and want to reroute via NYC. Obviously the passenger can't transit in USA due to restrictions). The route which you suggested or via MEX or other routes are possible but I was wondering if someone here had a similar experience.
Im a new user As I wrote BA cancelled the flight and it's illogic that an airline offer a reroute that a passenger can't take (i.e. a passenger book MAD-BOG direct flight, the airline cancels the flight and want to reroute via NYC. Obviously the passenger can't transit in USA due to restrictions). The route which you suggested or via MEX or other routes are possible but I was wondering if someone here had a similar experience.
#95
Join Date: Mar 2020
Programs: British Airways GGL/CCR, Hilton Diamond & Marriott Gold
Posts: 2,612
Hi All
Just had my LHR-MAN flight BA1402 on 3rd of May cancelled.
As its less than 14 days notice I assume I am due compensation. Is it a fixed amount?
Just had my LHR-MAN flight BA1402 on 3rd of May cancelled.
As its less than 14 days notice I assume I am due compensation. Is it a fixed amount?
#96
Join Date: Jan 2012
Programs: BA Gold
Posts: 124
Anyone know the reason? Anything to do with the switch back from T1 to T3? (that will presumably affect whether they can claim extraordinary circumstances?)
#97
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,966
I think you could try file a claim. It is certainly within scope of the 14 day period. Obviously the more contentious bit will be whether BA can show the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
I expect BA will just deny your claim "due to covid" and you would have to go to MCOL/CEDR to have any chance to get anything.
I don't think MAN T3 is reopening soon btw? The last I heard was maybe June/July?
I expect BA will just deny your claim "due to covid" and you would have to go to MCOL/CEDR to have any chance to get anything.
I don't think MAN T3 is reopening soon btw? The last I heard was maybe June/July?
#98
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
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Posts: 63,809
There is some material upthread about this, including some CEDR rulings which in essence says "yes COVID-19 and its impact on travel is extraordinary circumstances, but the "all reasonable measures" clause still applies". So if BA cancelled the service due to lack of customers, which would be my suspicion, then BA would potentially have to pay the relevant compensation. I doubt they will make it an easy experience to claim. Normally BA cancels with more than 2 weeks notice, so there may indeed be some other factor involved. The amount is typically £220 but there maybe reasons why it could be £110 if you rebook to go earlier.
#99
Join Date: Jan 2012
Programs: BA Gold
Posts: 124
I think you could try file a claim. It is certainly within scope of the 14 day period. Obviously the more contentious bit will be whether BA can show the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
I expect BA will just deny your claim "due to covid" and you would have to go to MCOL/CEDR to have any chance to get anything.
I don't think MAN T3 is reopening soon btw? The last I heard was maybe June/July?
I expect BA will just deny your claim "due to covid" and you would have to go to MCOL/CEDR to have any chance to get anything.
I don't think MAN T3 is reopening soon btw? The last I heard was maybe June/July?
On BA.com all this week’s flights are scheduled to depart to/ from T1, then switching to T3 from Sunday 2 May onwards.
If that is the reason, I don’t think an EU Claim would be a battle I’d want to take on.
Annoyingly last-minute though, given the lack of other options this weekend.
#100
Join Date: Mar 2006
Location: PEK
Programs: BAEC, AA Exec Plat
Posts: 244
I have an F avios ticket that has been downgraded to J for travel next week. Understandable. given crew restrictions for Hong Kong.
Is this entitled to compensation, or will BA be able to claim extraordinary circumstances / COVID to avoid it?
To further complicate things, I might change the travel dates (BA has already shifted date/ time of the flight). I am assuming if I do this, there will be no compensation due, except hopefully a refund of avois difference. Or is it worth trying You First for something?
Is this entitled to compensation, or will BA be able to claim extraordinary circumstances / COVID to avoid it?
To further complicate things, I might change the travel dates (BA has already shifted date/ time of the flight). I am assuming if I do this, there will be no compensation due, except hopefully a refund of avois difference. Or is it worth trying You First for something?
#101
Join Date: Aug 2017
Location: Manchester, UK
Programs: Emirates Skywards (Gold), Hilton (Diamond), Radisson (Gold)
Posts: 370
Hi everyone, this thread has been super useful to me in the past, I have read the majority of it, but I now have a specific question and hope that you consider it reasonable that I'm not going to look back through 5 years of posts to see if my specific query has been mentioned. Also, search is rubbish.
Please can you help me determine if these changes are eligible for compensation?
Original: 3rd May 14:20 MAN -> LHR 15:30
Rebook: 3rd May 10:55 MAN -> LHR 12:05
Original: 5th May 15:30 LHR -> MAN16:35
Rebook: 5th May 09:00 LHR -> MAN 10:00
I was informed of the cancelations 7 days and 1 hour before the first flight, however I think that both still fall under the 14 days notification and new flights departing more than 2 hours before the booked flight.
Also, please can you clarify - does accepting the offered changes waive my right to compensation?
Please can you help me determine if these changes are eligible for compensation?
Original: 3rd May 14:20 MAN -> LHR 15:30
Rebook: 3rd May 10:55 MAN -> LHR 12:05
Original: 5th May 15:30 LHR -> MAN16:35
Rebook: 5th May 09:00 LHR -> MAN 10:00
I was informed of the cancelations 7 days and 1 hour before the first flight, however I think that both still fall under the 14 days notification and new flights departing more than 2 hours before the booked flight.
Also, please can you clarify - does accepting the offered changes waive my right to compensation?
#102
Join Date: Mar 2020
Programs: British Airways GGL/CCR, Hilton Diamond & Marriott Gold
Posts: 2,612
I think you could try file a claim. It is certainly within scope of the 14 day period. Obviously the more contentious bit will be whether BA can show the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
I expect BA will just deny your claim "due to covid" and you would have to go to MCOL/CEDR to have any chance to get anything.
I don't think MAN T3 is reopening soon btw? The last I heard was maybe June/July?
I expect BA will just deny your claim "due to covid" and you would have to go to MCOL/CEDR to have any chance to get anything.
I don't think MAN T3 is reopening soon btw? The last I heard was maybe June/July?
If I accept a re-book (day before), does that alter my compensation situation?
#103
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,966
If I accept a re-book (day before), does that alter my compensation situation?
#104
Join Date: Apr 2012
Location: LON
Programs: Mucci, BAEC, Eurostar
Posts: 3,293
ETA: sorry I meant to answer the previous post...
#105
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,848
I have an F avios ticket that has been downgraded to J for travel next week. Understandable. given crew restrictions for Hong Kong.
Is this entitled to compensation, or will BA be able to claim extraordinary circumstances / COVID to avoid it?
To further complicate things, I might change the travel dates (BA has already shifted date/ time of the flight). I am assuming if I do this, there will be no compensation due, except hopefully a refund of avois difference. Or is it worth trying You First for something?
Is this entitled to compensation, or will BA be able to claim extraordinary circumstances / COVID to avoid it?
To further complicate things, I might change the travel dates (BA has already shifted date/ time of the flight). I am assuming if I do this, there will be no compensation due, except hopefully a refund of avois difference. Or is it worth trying You First for something?