Jan 3, 2021, 2:19 am
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
May 14, 2022, 2:44 am
#1156
Join Date: Mar 2006
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May 14, 2022, 3:05 am
#1157
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May 14, 2022, 3:14 am
#1158
Join Date: Mar 2006
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May 14, 2022, 7:14 am
#1159
Join Date: Jun 2018
Programs: BAEC Silver
Posts: 160
Did a EC261 claim for my flight(s) on 27th april:
Original flights:
So rebooked onto the early morning flight BA423 departure 07:50 and claimed a compensation because of a > 2 hr earlier scheduled departure time.
Today received a mail from BA:
Now I have a hard time believing the cancellation was out of the control of BA. Is there anyway to check?
Original flights:
- BA429 AMS-LHR, departure 10:00, arrival 10:25
- BA93 LHR-YYZ, departure 13:10, arrival 15:55
So rebooked onto the early morning flight BA423 departure 07:50 and claimed a compensation because of a > 2 hr earlier scheduled departure time.
Today received a mail from BA:
Now I have a hard time believing the cancellation was out of the control of BA. Is there anyway to check?
Dear Mr XXX,
Reference : XXXX
Your recent compensation claim – an apology from British Airways
We recently contacted you about your compensation claim in relation to the cancelled BA429 flight to London on 27 April 2022.
Unfortunately there was an error in the way we initially categorised a number of cancelled flights so we incorrectly advised you that you were not entitled to receive EU compensation on this occasion.
We're extremely sorry for this mistake. We’re processing the compensation you’re owed and this will be with you within 30 days. If you provided us with bank details when you submitted your original claim, we’ll send a bank transfer. If you didn’t provide bank details, we’ll send a cheque in the post. There is no need to contact us.
Once again, we apologise for this error. We hope to welcome you back on board soon.
Best regards,
British Airways
May 14, 2022, 7:21 am
#1160
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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You join quite a number of FTers in receiving that email. More details mixed into the end of this thread.
BA blames flight cancellations on Covid-19 and refuses to pay compensation
My speculation is that CEDR and MCOL have suddenly received large quantities of claims. BA either pays or fights, and/or faces external scrutiny. Plus it's questionable they have the resources to fight. If I was BA's senior counsel I'd be quite keen on this resolution.
BA blames flight cancellations on Covid-19 and refuses to pay compensation
My speculation is that CEDR and MCOL have suddenly received large quantities of claims. BA either pays or fights, and/or faces external scrutiny. Plus it's questionable they have the resources to fight. If I was BA's senior counsel I'd be quite keen on this resolution.
May 14, 2022, 9:50 am
#1161
Join Date: Feb 2020
Programs: BAEC Gold
Posts: 90
That's an MCOL one, and I wouldn't expect BA to fight it in court. They would have an argument, there isn't a direct right to a replacement flight on another airline, but here BA were being unreasonable given your circumstances, plus BA does have a published policy to use other airlines for cancellations under 24 hours - but only if you can speak to the contact centre. So I would put the Swiss claim in, adding in interest, stamps, photocopying, meals, almost anything like that you can think of, via MCOL They will either simply pay or make an offer of some sort. It isn't consequential loss, it is a replacement flight given your circumstances and animal wellfare concerns, within BA's policy and only a consequence of BA's inability to train enough people to handle the phone calls at peak times. You could try CEDR, but my reading of CEDR is that unlike MCOL you can't assume the arbitrator will use common sense, and can assume that CEDR are overly influenced by BA's practices.
May 14, 2022, 10:56 am
#1162
Join Date: Nov 2018
Location: BER
Programs: BA GGL, Hilton Diamond
Posts: 1,843
May 15, 2022, 3:12 am
#1163
Join Date: May 2018
Location: London
Programs: BA Gold
Posts: 320
I also had a CEDR claim for the same cut and paste ‘global pandemic’ excuse for my cancelled flight - and this morning received the apology email telling me I will get the compensation.
I have a question about the amount. It’s being given in Euro (and converted to GBP) which is less than what CDER advised nor what the new UK regulation 261 states in Sterling. Is there a reason why BA continues to give the compensation in Euro rather than the Sterling amounts in UK law? Just wondering, as each time it’s that bit short…
I have a question about the amount. It’s being given in Euro (and converted to GBP) which is less than what CDER advised nor what the new UK regulation 261 states in Sterling. Is there a reason why BA continues to give the compensation in Euro rather than the Sterling amounts in UK law? Just wondering, as each time it’s that bit short…
May 15, 2022, 3:41 am
#1164
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It depends on the trip direction. If leaving GB it really ought to be the sterling amounts referenced in the early posts. If departing the rest of Europe including Northern Ireland then using Euros is correct, though of course they could pay more than the minimum. BA has to maintain two systems here, whiich is a bit awkward. If you think the sterling amount applies there are reports of it being adjusted upwards for those who complain.
May 15, 2022, 3:42 am
#1165
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I also had a CEDR claim for the same cut and paste ‘global pandemic’ excuse for my cancelled flight - and this morning received the apology email telling me I will get the compensation.
I have a question about the amount. It’s being given in Euro (and converted to GBP) which is less than what CDER advised nor what the new UK regulation 261 states in Sterling. Is there a reason why BA continues to give the compensation in Euro rather than the Sterling amounts in UK law? Just wondering, as each time it’s that bit short…
I have a question about the amount. It’s being given in Euro (and converted to GBP) which is less than what CDER advised nor what the new UK regulation 261 states in Sterling. Is there a reason why BA continues to give the compensation in Euro rather than the Sterling amounts in UK law? Just wondering, as each time it’s that bit short…
(a) £220 for all flights of 1500 kilometres or less;
(b) £350 for all flights between 1500 and 3500 kilometres;
(c) £520 for all flights not falling under (a) or (b).
Why are BA (wrongly) paying under the EU version of the Regulation? Simple, the exchange rate is favourable at present and BA will be saving a considerable amount by doing so.
May 15, 2022, 4:14 am
#1167
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It depends on the trip direction. If leaving GB it really ought to be the sterling amounts referenced in the early posts. If departing the rest of Europe including Northern Ireland then using Euros is correct, though of course they could pay more than the minimum. BA has to maintain two systems here, whiich is a bit awkward. If you think the sterling amount applies there are reports of it being adjusted upwards for those who complain.
(a) passengers departing from an airport located in United Kingdom;
(b) passengers departing from an airport located in a country other than the United Kingdom to an airport situated in—
(i) the United Kingdom if the operating air carrier of the flight concerned is a Community carrier or a UK air carrier; or
(ii) the territory of a Member State to which the Treaty applies if the operating air carrier of the flight concerned is a UK air carrier, unless the passengers received benefits or compensation and were given assistance in that other country
May 15, 2022, 4:23 am
#1168
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Yes, that is indeed UK law, and it's obviously helpful that currently the sterling rates are a good whack above native EC261 rates. I better explain the NI one briefly, since as already noted it is sensitive issue. The Single Market still applies to NI, so does the writ of the CJEU in respect of Single Market issues, and EC261 is in scope for this (in my view). So a NI based case could theoretically end up at the CJEU, who could apply native EC261. But the judges may well, on the other hand, note the high level of consumer protection behind the Regulation, and decide to apply UK261 instead, given the status of the legislation. Someone starting their trip in the rest of Europe also has access to the CJEU, but that is no longer available to a purely GB case. It's probably a "two bald men fighting over a comb" issue, since the difference is so small as to be unlikely to ever get near the CJEU. So I'm not going to prolong my argument on this point since it may serve to distract rather than illuminate.
May 15, 2022, 4:25 am
#1169
Join Date: Jan 2007
Posts: 4,709
Yes, the relevant law for travel to or from the UK is the UK amended version of Regulation EC261 and that sets the compensation payable as follows:
(a) £220 for all flights of 1500 kilometres or less;
(b) £350 for all flights between 1500 and 3500 kilometres;
(c) £520 for all flights not falling under (a) or (b).
Why are BA (wrongly) paying under the EU version of the Regulation? Simple, the exchange rate is favourable at present and BA will be saving a considerable amount by doing so.
(a) £220 for all flights of 1500 kilometres or less;
(b) £350 for all flights between 1500 and 3500 kilometres;
(c) £520 for all flights not falling under (a) or (b).
Why are BA (wrongly) paying under the EU version of the Regulation? Simple, the exchange rate is favourable at present and BA will be saving a considerable amount by doing so.
May 15, 2022, 4:30 am
#1170
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