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The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004

The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004

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Old Aug 6, 22, 6:55 am   -   Wikipost
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Old Apr 17, 21, 12:25 pm
  #91  
 
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Originally Posted by corporate-wage-slave View Post
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.
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?
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 .
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Old Apr 17, 21, 12:53 pm
  #92  
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Originally Posted by jorun View Post
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 ...
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.
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Old Apr 17, 21, 1:56 pm
  #93  
 
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Originally Posted by jorun View Post
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?
I think that the British entry restrictions may be a problem.

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?
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Old Apr 17, 21, 6:13 pm
  #94  
 
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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.
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Old Apr 26, 21, 1:33 pm
  #95  
 
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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?
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Old Apr 26, 21, 1:41 pm
  #96  
 
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Originally Posted by PGberkshire View Post
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?
BA just cancelled both flights on 1 May as well. They were both really busy as the West Coast Main Line is down.

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?)
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Old Apr 26, 21, 1:49 pm
  #97  
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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?
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Old Apr 26, 21, 1:51 pm
  #98  
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Originally Posted by PGberkshire View Post
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?
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.
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Old Apr 26, 21, 2:38 pm
  #99  
 
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Originally Posted by KARFA View Post
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?
Thanks both CWS and Karfa.

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.
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Old Apr 26, 21, 5:27 pm
  #100  
 
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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?
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Old Apr 27, 21, 1:00 am
  #101  
 
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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?
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Old Apr 27, 21, 1:57 am
  #102  
 
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Originally Posted by KARFA View Post
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?
COVID has been a known entity for a year now. BA had the option to cancel this 14 days + but didn't. Nothing has changed in respect to UK regulations between day 14 and day 7.

If I accept a re-book (day before), does that alter my compensation situation?
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Old Apr 27, 21, 2:25 am
  #103  
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Originally Posted by PGberkshire View Post
COVID has been a known entity for a year now. BA had the option to cancel this 14 days + but didn't. Nothing has changed in respect to UK regulations between day 14 and day 7.
at a guess I would say the cancellations may relate to india being put on the red list and a significant drop in passenger numbers on the fights as a result.

If I accept a re-book (day before), does that alter my compensation situation?
no
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Old Apr 27, 21, 4:00 am
  #104  
 
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Originally Posted by KARFA View Post
at a guess I would say the cancellations may relate to india being put on the red list and a significant drop in passenger numbers on the fights as a result.
I'd be torn. Covid has been known for over a year, and cancelling this late for what looks like commercial reasons is not good. But then there's the shooting the ambulance conundrum.

ETA: sorry I meant to answer the previous post...
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Old Apr 27, 21, 6:29 am
  #105  
 
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Originally Posted by justin1123 View Post
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?
Ask for a refund of the Avios difference. That is all.
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