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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 Jun 20, 2022, 12:02 pm
  #1411  
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Originally Posted by mikeyfly
Thanks CWS. Rather sneaky cancelling a gnats **** above 14 days…
I guess you are right, since presumably had unsaid crotch been slightly below 14 days you would have doubtless taken the gentlemanly step of not applying for compensation.
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Old Jun 20, 2022, 12:03 pm
  #1412  
 
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Originally Posted by KARFA
Sounds like a sound thing to from a BA point of view - and very considerate to give you more than 14 days warning rather than only tell you at say 10 days
Just got a 16 day cancellation notice for my BHD-LCY, with no alternative offered to make my connection out of LCY. Cheers BA.
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Old Jun 20, 2022, 12:13 pm
  #1413  
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Originally Posted by corporate-wage-slave
I guess you are right, since presumably had unsaid crotch been slightly below 14 days you would have doubtless taken the gentlemanly step of not applying for compensation.
To be fair, LHR is way handier, and only booked LGW when they launched the routes and got two of us in Y for Ł105 and maybe 5k Avios.

Hopefully they’ll allow out bound change too to avoid a car at wrong airport scenario
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Old Jun 20, 2022, 12:50 pm
  #1414  
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Originally Posted by mikeyfly
Hopefully they’ll allow out bound change too to avoid a car at wrong airport scenario
That is normally allowed.
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Old Jun 20, 2022, 12:50 pm
  #1415  
 
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Originally Posted by corporate-wage-slave
I guess you are right, since presumably had unsaid crotch been slightly below 14 days you would have doubtless taken the gentlemanly step of not applying for compensation.
A little unfair - BA are doing this systematically and deliberately: I had one yesterday a couple of hours over 14 days. From a customer perspective it's still very short notice and a more "gentlemanly" way of approaching this from their side would be to select routes where there were plenty of alternate carriers and proactively shift customers. Or indeed work with other carriers also reducing capacity.

Very little BA are doing just at the moment does anything except to reinforce the impression they are an extremely unreliable carrier with no regard to their customers. Brave move.
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Old Jun 20, 2022, 1:38 pm
  #1416  
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Originally Posted by JeffBHD
Just got a 16 day cancellation notice for my BHD-LCY, with no alternative offered to make my connection out of LCY. Cheers BA.
Tbf I think my post was a little tongue in cheek. We are all having to deal with these late cancellations atm, and I think this is going to continue for a while yet.
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Old Jun 20, 2022, 1:52 pm
  #1417  
 
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Originally Posted by KARFA
Isn’t that irrelevant? The extraordinary circumstances and reasonable measures relate to the original cancellation. Whether BA then offer you a flight 4 hours or 4 days later makes no difference to the compensation claim.
There are numerous posts in this thread where a flight was, say, 190 minutes late but BA claims that the flight is ineligible for compensation because 20 minutes were attributable to extraordinary circumstances where BA gets away with not paying compensation. Wouldn't the same argument apply for reasonable measures? Let's say you'd be 500 minutes late if all reasonable measures were taken but you ended up 1000 minutes late because the airline didn't take all reasonable measures to avoid the delay (by putting you on a later flight than the first flight available). Wouldn't the excess 500 minutes then be claimable because all reasonable measures weren't taken?
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Old Jun 20, 2022, 2:01 pm
  #1418  
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Originally Posted by Im a new user
There are numerous posts in this thread where a flight was, say, 190 minutes late but BA claims that the flight is ineligible for compensation because 20 minutes were attributable to extraordinary circumstances where BA gets away with not paying compensation. Wouldn't the same argument apply for reasonable measures? Let's say you'd be 500 minutes late if all reasonable measures were taken but you ended up 1000 minutes late because the airline didn't take all reasonable measures to avoid the delay (by putting you on a later flight than the first flight available). Wouldn't the excess 500 minutes then be claimable because all reasonable measures weren't taken?
We are talking about cancellations not delays when it comes to LGW requiring airlines to cut flights.

The test for compensation is whether the cancellation is due to extraordinary circumstances which couldn't have been reasonably avoided even if all reasonable measures had been taken.

Depending on the timeframe of notification there are some narrow limits under Art. 5 (c)(i) and (ii) for new rebooked flight times that may get the airline out of paying compensation, but reason is irrelevant, either you are within these times or you are not.
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Old Jun 21, 2022, 5:22 am
  #1419  
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Quick sense check.

Last weekend I went to ARN. On the ay out on Friday I got an email saying my ARN-LHR and ARN-NCL flights for Sunday were cancelled. On checking actually it was only the LHR-NCL which was actually cancelled, reason code OPEY. Anyway called BA, only avia;ability to NCL or MAN on Sunday were the ~9pm flights so I stuck with my 1110 departure from ARN and agree to cancel off the domestic and get the train home instead.

Roll on Sunday, woke up and thought I would check whether the ARN-LHR flight looked on time. Showed as cancelled in the app, no email or text. Reason code OPEY. Nothing available for the rest of the day so was booked on the flight on Monday. A few hours later The 2110 flight on Sunday showed J1 so called back and got on that. Overnight at LHR (I was frugal and booked the PI T4) and train home on Monday morning.

So my questions. Firstly it seems to me this is two cancellations so two lots of compensation are due. Do I do a completely separate claim for each cancellation? Also I think the hotel and train costs are claimable, probably best to attach them to the claim for ARN-LHR? I had no other option to get home since I was arriving back in to LHR at 2300.
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Old Jun 21, 2022, 6:28 am
  #1420  
 
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Karfa, I think in your case you could argue it both ways. You've had 2 cancellations, but it was a single booking. Since you accepted the first cancellation and were inconvenienced a second time subsequently, I'd go for two.

Say you had a MAN-LHR-JFK booking. The first leg gets delayed enough that you have to overnight in LHR, and then the second (rebooked) flight has an other issue and arrives 5 hours late. There, I'd be inclined to say maybe not.
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Old Jun 21, 2022, 6:32 am
  #1421  
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I would say that it is extremely unlikely that BA will approve it as 2 cancellations when on the same ticket.

Added: In my view you get EU Reg. comp. per booking; not per cancellation. If the 2 segments had been cancelled at the same time, very few would argue that you are entitled to 2x comp.
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Old Jun 21, 2022, 6:42 am
  #1422  
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Originally Posted by SK AAR
I would say that it is extremely unlikely that BA will approve it as 2 cancellations when on the same ticket.

Added: In my view you get EU Reg. comp. per booking; not per cancellation. If the 2 segments had been cancelled at the same time, very few would argue that you are entitled to 2x comp.
They weren't cancelled at the same time, it was 2 days between the cancellations being done.

I mean if that's your argument that cancellations done at the same time on one booking is deemed 1 cancellation which may be a fair point of view, what's the minimum time between cancellations until it get's viewed as two cancellation events rather than one?

Last edited by KARFA; Jun 21, 2022 at 6:48 am
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Old Jun 21, 2022, 6:43 am
  #1423  
 
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Finally got my compensation approved following the mass cancellations on 20FEB. Had to go through CEDR as I was being ignored.
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Old Jun 21, 2022, 6:49 am
  #1424  
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Originally Posted by KARFA
They weren't cancelled at the same time, it was 2 days between them.
Yes, I understood that, but I doubt it makes a difference here (making you entitled to 2x comp.)
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Old Jun 21, 2022, 6:53 am
  #1425  
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Originally Posted by KARFA
I mean if that's your argument that cancellations done at the same time on one booking is deemed 1 cancellation which may be a fair point of view, what's the minimum time between cancellations until it get's viewed as two cancellation events rather than one?
Idn - I would say that if you rebooked the itinerary it would make more sense to view later cancellations as separate. Here the second leg dropped; 2 days later the initial leg was cancelled = I would say it is 1 cancellation.
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