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

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Old Jan 3, 2021, 2:19 am
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The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004

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Old May 21, 2022, 4:48 pm
  #1216  
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Originally Posted by petez
Can anyone please clarify compensation calculation for flight cancelled within 2 weeks, 2,400km and rebooked on new flight departing 2hrs 30mins earlier than original. I think its £175 (Euro 200) but am I correct ?
On the face of it, it is indeed 200€ / £175 - half the 400€ band due to not being late on arrival (presumably). See upthread for the discussion on whether recent CJEU cases removes the halvling process, but BA will work on the basis of the 50% cut.
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Old May 22, 2022, 11:03 am
  #1217  
 
Join Date: Mar 2012
Posts: 98
Advice please?

I have tried to understand all the rules concerning E261 but am not sure if I have a claim and if I do what I should claim for perhaps someone can advise me. My husband and I had a trip to Nerja booked using Avios for return business flights 10 May BA8701 EDI to LCY/ BA8487 LCY to AGP scheduled to arrive13.15. Our return on 20 May was via LHR BA413 AGP to LHR then BA1448 LHR to EDI arriving 16.40.
On 26 April at 20.52 we were notified by email that BA 413 had been cancelled but we managed to rebook our return on BA331 departing 13.20 and onward to EDI on BA1454 which eventually landed at 20.21. From my understanding as the flight was cancelled more than 2 weeks before our return date we are not eligible for any compensation for this part of our trip.
However, on 10 May after waking at 3am for our flight from Edinburgh I happened to check my email to find BA had emailed at 01.17 to notify that both our flights had been cancelled and we were now rebooked on BA1445 and BA2710 which was scheduled to arrive at 22.55. This now meant getting a taxi to Nerja which cost €62. I was not given a reason for the cancellation so am not sure if this would be a valid claim and if it is do my husband and I have to make individual claims although it is on one booking? Also does the fact that the original booking was paid for using Avios affect the right to claim? If I can put in a claim for compensation how much should I be asking for and could I ask for the taxi fare to be reimbursed?
Thank you in advance for any help as you can see I haven’t a clue!
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Old May 22, 2022, 11:18 am
  #1218  
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Yes, you quite right that the original set of cancellations on 26 April is out of scope, since you were given more than 2 weeks notice.

But the cancellations on the day - well it's best to ask here on the day or day after for dispatch information, which can give a clue as to why the flghts were cancelled. In the absence of that, I would put in a claim for the taxi and EC261 and see what they say (and revert back here with the answer). The taxi fare is arguable, but they have paid that in the past when delays have removed other options. EC261 - they will certainly let you know whether or not that applies. I suspect it was staff absence / sickness but that's just a hunch, and would be eligible for EC261.

If it was one booking and you share a surname with your husband then one claim for both should be fine
ba.com/complaints
Do not add receipts on first submission, it often falls over if you do this, but you will get an email to add receipts afterwards. Don't forget to add any meal / drink costs, ideally but not necessarily with receipts.

Thank you for putting all the information and dates into your post.
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Old May 22, 2022, 11:32 am
  #1219  
 
Join Date: Mar 2012
Posts: 98
Thanks for your quick reply - I did think about doing something after we arrived but decided to enjoy our first holiday since 2020 and try when I got back. So when I put in the claim do I just request compensation as per E 261 or do I request specific amounts as I don’t know what that would be? As we had lounge access and were fed on the plane we haven’t any additional costs apart from the taxi. Unfortunately the driver’s credit card machine wasn’t working so we didn’t get a receipt but the firm did email an invoice the next day.
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Old May 22, 2022, 1:03 pm
  #1220  
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Originally Posted by travelhappypair
Thanks for your quick reply - I did think about doing something after we arrived but decided to enjoy our first holiday since 2020 and try when I got back. So when I put in the claim do I just request compensation as per E 261 or do I request specific amounts as I don’t know what that would be? As we had lounge access and were fed on the plane we haven’t any additional costs apart from the taxi. Unfortunately the driver’s credit card machine wasn’t working so we didn’t get a receipt but the firm did email an invoice the next day.
The email invoice should be fine. Just claim EC261 / UK261 and let BA work it out, they wouldn't accept your version anyway. It's £350 per person, or 400€ in old money.
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Old May 24, 2022, 3:59 am
  #1221  
 
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Our BA flight LHR-LPA on the 26th Feb 2022 was cancelled due to the IT meltdown. The ticket was booked on BA using avios. BA rerouted us on Iberia via Madrid (IB3163 and IB3838) and we landed at LPA with a delay of 3:23 hrs. BA admitted liability for cancellation but are only offering to pay 50% of compensation stating that we arrived with a delay of less than 3 hours which is simply not true. When I questioned this they replied that the second leg between Madrid and LPA (IB3838) was the flight which caused the final delay and that further compensation should be addressed by Iberia. However, the MAD-LPA flight actually arrived 17 minutes ahead of its scheduled arrival time. Are BA correct in that we should claim the other 50% of compensation from Iberia? I have never heard of two airlines paying half the compensation each for one cancelled flight. Thank you
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Old May 24, 2022, 4:14 am
  #1222  
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Originally Posted by palcsaky
Our BA flight LHR-LPA on the 26th Feb 2022 was cancelled due to the IT meltdown. The ticket was booked on BA using avios. BA rerouted us on Iberia via Madrid (IB3163 and IB3838) and we landed at LPA with a delay of 3:23 hrs. BA admitted liability for cancellation but are only offering to pay 50% of compensation stating that we arrived with a delay of less than 3 hours which is simply not true. When I questioned this they replied that the second leg between Madrid and LPA (IB3838) was the flight which caused the final delay and that further compensation should be addressed by Iberia. However, the MAD-LPA flight actually arrived 17 minutes ahead of its scheduled arrival time. Are BA correct in that we should claim the other 50% of compensation from Iberia? I have never heard of two airlines paying half the compensation each for one cancelled flight. Thank you
No, and even if part payment is due from another carrier, it would be up to BA to recover that not you. BA are solely responsible for the whole liability,
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Old May 24, 2022, 4:18 am
  #1223  
 
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Originally Posted by Tobias-UK
No, and even if part payment is due from another carrier, it would be up to BA to recover that not you. BA are solely responsible for the whole liability,
Thank you. Would this be a case for CEDR or MCOL?
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Old May 24, 2022, 4:25 am
  #1224  
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Originally Posted by palcsaky
Thank you. Would this be a case for CEDR or MCOL?
Whichever you feel most comfortable with. I'd first reply back and invite BA to reconsider, remind them that they are solely responsible for the EC261 compensation in full, and the only relevant facts are (1) that BA cancelled their flight resulting in (2) you arriving at your destination 3 hours 23 minutes later than originally scheduled. Nothing else is relevant.
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Old May 24, 2022, 1:57 pm
  #1225  
 
Join Date: Jan 2016
Location: York, UK
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Long time readers may recall that BA told me to go away when I claimed right to care costs, well the good news is that they agreed "With no admission of liability" to pay my costs via CEDR today.
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Old May 24, 2022, 2:46 pm
  #1226  
 
Join Date: Jun 2015
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I wonder if this is covered, we were originally booked tomorrow on BA1327 from Newcastle to Heathrow art 11:40, this was cancelled a few weeks ago and we were rebooked onto BA1333 at 14:20. Just had a cancellation email to say that is now cancelled and we are on BA1329 at 15:10 so now more than 3 hours after the original.The first one was more than 2 weeks out so no compo, but this latest one is only the day before. Can we count this against the original booking? Having changed our COVID tests once we are now pushing it for our tests required for our US trip with Virgin on Thursday.
Doesn't seem right that they can roll multiple small delays like this...?
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Old May 24, 2022, 3:03 pm
  #1227  
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I just don't know about that one. I think if it got to a senior court the outcome would be to favour the passenger since that's the key principle of the regulation. Plus of course airlines could use it as a way of avoiding their responsibilities. I would certainly urge you to claim, it may need to go to CEDR, but they tend to a narrow view of the Regulation as a general statement. There will be strong arguments on both sides for this one.
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Old May 24, 2022, 3:40 pm
  #1228  
 
Join Date: Aug 2012
Posts: 23
An EU compensation claim

I appreciate all the messages about the EU 261 claims and would like any feedback on this claim

Original flight from BLQ to LHR. Cancelled 8 days prior to departure, Had a connecting flight LHR - MIA the same day, Booked on a later flight from BLQ to LHR. but this meant missing the LHR - MIA flight so was booked on the flight LHR -MIA the following day. ( Did not actually incur any expenses as stayed with family close to LHR

The actual. LHR - MIA ended up with 3 hour. ( to the minute) delayed arrival.

Thought it was worth claiming under EU 261, BA has replied“Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to cancel your flight from Bologna. Your claim's been refused because BA0543 on 14 May 2022 was cancelled because of operational reasons beyond British Airways' control.

I’m afraid your claim for the delay of BA0209 on 15 May 2022 has also been refused. The flight was delayed because the aircraft that was scheduled to operate the flight had to be changed due to a pest incident on the previous flight, which required further checks.

Not sure how a flight can be cancelled 8 days prior to departure which was beyond BA’s control?

The aircraft being changed due to a pest incident seems rather strange - If it’s a pest or mechanical issue or such these should still be BA” responsibility. ( Was notified of the delay around. 6 hours prior to departure)

Any feedback is appreciated on if I have a strong claim and should I next go to CEDR or MCOL?

Many thanks
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Old May 24, 2022, 3:44 pm
  #1229  
 
Join Date: Jan 2017
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Standard fob off. Reply with what you have put here and ask them if that is their final position before you move to CEDR or MCOL and then do that.
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Old May 24, 2022, 6:03 pm
  #1230  
 
Join Date: May 2017
Posts: 2,016
Originally Posted by tjinus
I’m afraid your claim for the delay of BA0209 on 15 May 2022 has also been refused. The flight was delayed because the aircraft that was scheduled to operate the flight had to be changed due to a pest incident on the previous flight, which required further checks.
So was the previous flight 8 days earlier? Why couldn't BA find a different aircraft during all that time? Why did the pest incident require tests which took more than 8 days to complete?
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