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
Apr 27, 2021, 12:04 pm
#106
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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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?
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?
Apr 30, 2021, 6:00 am
#107
Join Date: Oct 2018
Location: London, UK
Programs: BAEC
Posts: 3,440
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?
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?
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.
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.
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.
Apr 30, 2021, 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.
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.
Apr 30, 2021, 6:31 am
#109
Join Date: Oct 2018
Location: London, UK
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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.
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.
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.
Last edited by BAeuro; Apr 30, 2021 at 1:04 pm
May 13, 2021, 1:23 am
#110
Join Date: Jun 2012
Posts: 758
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.
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.
May 20, 2021, 4:39 am
#111
Join Date: Jun 2013
Location: London
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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?
May 20, 2021, 4:47 am
#112
Join Date: Jul 2018
Posts: 1,281
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;
(i) they are informed of the cancellation at least two weeks before the scheduled time of departure;
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; ...
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.
May 20, 2021, 4:53 am
#113
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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.
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.
May 20, 2021, 4:55 am
#114
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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.
May 20, 2021, 4:58 am
#115
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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?
May 20, 2021, 5:02 am
#116
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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.
May 20, 2021, 5:13 am
#117
Join Date: Jul 2018
Posts: 1,281
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!
May 20, 2021, 5:24 am
#118
Join Date: Jun 2013
Location: London
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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.
May 20, 2021, 5:24 am
#119
Join Date: Jul 2018
Posts: 1,281
Edit: just seen this:
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.
May 20, 2021, 5:24 am
#120
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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!
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!