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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 27, 21, 12:04 pm
  #106  
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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?
For downgrades there is no compensation (or extraordinary circumstances defence either) but there is a reimbursement criteria known as Mennens. See the Wiki for details and a worked example. However you only get this if you travel in the downgraded cabin as per your booking. If you change the booking to a new date, and accept the cabin offered, then you can't claim either compensation or necessarily reimbursement for the hypothetical downgrade that didn't happen. But if it was an Avios booking then you just get refared at the new rate and you should avoid the £35 change fee. if you go via YouFirst.
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Old Apr 30, 21, 6:00 am
  #107  
 
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I know what the answer is likely to be but here goes.

I’ve just had my NQY flights cancelled 13 days before departure. It’s a domestic route and I can’t see any reason other than commercial reasons as to why this was cancelled. They were also due to operate daily subsidised flights under a Government agreement. Any grounds for compensation?
Originally Posted by BAeuro View Post
An update on my claim.

I took it to the CEDR, and after a 3 month wait BA have once again come back claiming it was an ‘extraordinary circumstance’. They claim that although no travel restrictions were in place at the time, the situation was extraordinary and so no compensation is due.

They also claim the flight was cancelled at 11:55 on 22nd October (14 days before - so no compensation), however I didn’t get an email till 23rd October.
Another update, because I just know everybody cares

My case was taken further and an adjudicator was appointed. They found in my favour and €250 euros is to be paid by BA to each passenger.

It’s taken a long time given this flight was in November, but it shows if you push, you can win.
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Old Apr 30, 21, 6:13 am
  #108  
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Thanks for the update BAeuro. Are you able to share your arguments and/or the comments from the CEDR adjudication? These may help those of us pursuing similar claims.

I submitted a claim for my MAN flights on Saturday cancelled with 6 days notice - BA has already told me to sod off so I am considering whether to bother pursuing a CEDR case.
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Old Apr 30, 21, 6:31 am
  #109  
 
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Originally Posted by KARFA View Post
Thanks for the update BAeuro. Are you able to share your arguments and/or the comments from the CEDR adjudication? These may help those of us pursuing similar claims.

I submitted a claim for my MAN flights on Saturday cancelled with 6 days notice - BA has already told me to sod off so I am considering whether to bother pursuing a CEDR case.
Personally, if you feel the €250 is worthwhile, I would definitely go to the CEDR. It takes a long time, but not really a lot of effort.

In my first response, I highlighted it was a domestic route and that there were no government travel restrictions preventing travel between LHR and NQY.

The adjudicator recognised that the reason for reduced demand was COVID-19, however trimming the schedule was operational and not an extraordinary circumstance. Also, as LHR-NQY flights continued either side of this cancellation, it shows that operating the flights was allowed and not restricted due to the virus.

So I’d say you definitely have a leg to stand on.
Dave_C, alex67500, KARFA and 3 others like this.

Last edited by BAeuro; Apr 30, 21 at 1:04 pm
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Old May 13, 21, 1:23 am
  #110  
 
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corporate-wage-slave

BA call center is only willing to reprotect on IB/BA flights. If you insist, insist and insist you could find an agent willing to reprotect on OW alliance (this last possibility is also written on their TA rebooking policy but normally passengers don't know it). When you want a completely different alliance (It doesn't matter if it is revenue or award booking), I suggest talking with the airport agents even for cancellations made days before the flight departure.
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Old May 20, 21, 4:39 am
  #111  
 
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Hey guys, I had my Malta flight cancelled by BA today at 11.45 for a flight due to depart 3rd June at 09.35. Regardless of the arguments I may get into with be on extraordinary circumstances etc where do I stand with the 14 days or less period for the cancellation?
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Old May 20, 21, 4:47 am
  #112  
 
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Originally Posted by Gomac View Post
Hey guys, I had my Malta flight cancelled by BA today at 11.45 for a flight due to depart 3rd June at 09.35. Regardless of the arguments I may get into with be on extraordinary circumstances etc where do I stand with the 14 days or less period for the cancellation?
Originally Posted by EC261
(c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:

(i) they are informed of the cancellation at least two weeks before the scheduled time of departure;
Looks two hours late to me, but I'm not a lawyer.

Originally Posted by EC261

(ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; ...
Though you might not be out of the woods yet - they could offer an awful one-stop via FRA.

If I were you I'd book onto EasyJet or get a £5 RyanAir fare ASAP. If you take a refund your 261 cancellation claim isn't affected.
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Old May 20, 21, 4:53 am
  #113  
 
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Originally Posted by cauchy View Post
Looks two hours late to me, but I'm not a lawyer.



Though you might not be out of the woods yet - they could offer an awful one-stop via FRA.

If I were you I'd book onto EasyJet or get a £5 RyanAir fare ASAP. If you take a refund your 261 cancellation claim isn't affected.
Thanks cauchy,... already booked the £5 Ryanair flight, although I was looking forward to the BA flight with my cheap CE POUG the £140 saving will help soften the blow!
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Old May 20, 21, 4:55 am
  #114  
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Originally Posted by Gomac View Post
Hey guys, I had my Malta flight cancelled by BA today at 11.45 for a flight due to depart 3rd June at 09.35. Regardless of the arguments I may get into with be on extraordinary circumstances etc where do I stand with the 14 days or less period for the cancellation?
Well that sounds like within 2 weeks.

t depends what they offer you as an alternative. If it departs no more than two hours before 0935 and reaching MLA less than four hours after you were scheduled to get there, then you won't be in scope.
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Old May 20, 21, 4:58 am
  #115  
 
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Originally Posted by KARFA View Post
Well that sounds like within 2 weeks.

t depends what they offer you as an alternative. If it departs no more than two hours before 0935 and reaching MLA less than four hours after you were scheduled to get there, then you won't be in scope.
Thanks KARFA, if I just opt for the refund and stick with the Ryanair flight does that mean I can still submit an EC261 claim?
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Old May 20, 21, 5:02 am
  #116  
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Originally Posted by Gomac View Post
Thanks KARFA, if I just opt for the refund and stick with the Ryanair flight does that mean I can still submit an EC261 claim?
Well I think you need to understand what is being offered as an alternative by BA first.

Regardless, BA are just going to play the covid card here anyway and you will need to be prepared to take it to CEDR to have any hope of getting anywhere.
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Old May 20, 21, 5:13 am
  #117  
 
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Originally Posted by Gomac View Post
Thanks cauchy,... already booked the £5 Ryanair flight, although I was looking forward to the BA flight with my cheap CE POUG the £140 saving will help soften the blow!
LHR-MLA is a £350 compensation route (2100km) so if you seek this it's £500 total in your pocket.

To be honest, I don't have much sympathy for BA here - they've simply missed their "no-EC261, free-cancellation-for-them" deadline by 2 hours and they should pay up. I think its a classic case of the boot now on the other foot - If we tried to check-in or change a flight 2 hours after the deadline we would be reaching for our credit cards too!
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Old May 20, 21, 5:24 am
  #118  
 
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Originally Posted by KARFA View Post
Well I think you need to understand what is being offered as an alternative by BA first.

Regardless, BA are just going to play the covid card here anyway and you will need to be prepared to take it to CEDR to have any hope of getting anywhere.
I spoke to a lovely lady on the Gold line who offered me a routing via Lisbon (that leg on BA in CE) with a 7 hour layover in LIS and then an Air Malta flight to Malta arriving at 1.55am the next day. To be honest, that wouldn't be the worst route in the world, may be quite nice to have a spot of lunch in Lisbon.
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Old May 20, 21, 5:24 am
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Originally Posted by KARFA View Post
Well I think you need to understand what is being offered as an alternative by BA first.
That would surely turn on the cancellation email they've sent out - e.g. did they offer the next day's flight? I would think, to get off the hook, BA would need to show that they actually offered the in-time re-routing, and it's not enough for them to say they could have offered it. For example, if they argued "if you rang the call centre and demanded to speak to a manager and hassled them we would have rebooked you on LH and it would have been an in-time re-routing" they would still be liable.

Edit: just seen this:

Originally Posted by Gomac View Post
I spoke to a lovely lady on the Gold line who offered me a routing via Lisbon (that leg on BA in CE) with a 7 hour layover in LIS and then an Air Malta flight to Malta arriving at 1.55am the next day. To be honest, that wouldn't be the worst route in the world, may be quite nice to have a spot of lunch in Lisbon.
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Old May 20, 21, 5:24 am
  #120  
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Originally Posted by cauchy View Post
LHR-MLA is a £350 compensation route (2100km) so if you seek this it's £500 total in your pocket.

To be honest, I don't have much sympathy for BA here - they've simply missed their "no-EC261, free-cancellation-for-them" deadline by 2 hours and they should pay up. I think its a classic case of the boot now on the other foot - If we tried to check-in or change a flight 2 hours after the deadline we would be reaching for our credit cards too!
I don't think the outcome is as certain as perhaps you are making out.
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