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The 2023 BA compensation thread: Your guide to Regulation EC261 / UK261

Old Jan 1, 2023, 11:31 am
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The 2023 BA compensation thread: Your guide to Regulation EC261 / UK261

Old Oct 27, 2023, 10:55 am
  #2236  
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There are still flights ex-LHR available tonight that, with a quick overnight layover en route, get you to NCE by 815a or 900a Saturday morning...
  • LH2481 to MUC tonight at 815p, quick 7-hour turn in MUC, arrive Nice 815a
  • AF1181 to CDG tonight at 745p, 9-hour turn, arrive Nice 915a
  • LX339 tio ZRH tonight at 805pm, 8-hour turn, arrive Nice 905a
I'd be jumping on something. Might even be fun. Is there nothing at all that suits you outside of your original plan A? Because BA/T5 is where Plan As go to die.
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Old Oct 27, 2023, 10:56 am
  #2237  
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Originally Posted by aristoph
But I no longer want to go c-w-s. We wouldn't have made the EZY flight and I don't want to leave at 630am tomorrow, for the reasons above.

What should I do in these circumstances? If I can cancel do I really lose the right to UK261? That would seem to make the legislation pointless - BA can just cancel 3 hours before take off, offer a reroute at at time of its choosing and not pay compensation if the re-route doesn't work for me.

Thanks.
Yes, you're fine. If you are not going, then you can get a full refund. Compensation will be possibly, probably payable, since BA could not in any event rebook you within certain time limits. It makes no difference whether you go or not, the compensation is due. Now there is bad weather and there assorted ATC issues today, this would allow BA to not pay compensation (see main thread) however the BA App has not mentioned either weather or ATC as a reason for cancellation, indeed it has given no reason. This usually - but not always - means that BAEF doesn't have enough crew or staff to run the service, and for that compensation would be due, as I'm sure you would expect. It makes no difference if you fly or not, the harm is done, as it were.

A lot of this information is in the key threads of this forum, so personally I think it may be worth getting familiar with say EC261, the Disruptions and Delay FAQ threads, just to give you an easier ride when these things happen. So here it may have given you confidence to go with another airline if you had the facts at your finger tips.
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Old Oct 27, 2023, 11:06 am
  #2238  
 
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Originally Posted by corporate-wage-slave
Yes, you're fine. If you are not going, then you can get a full refund. Compensation will be possibly, probably payable, since BA could not in any event rebook you within certain time limits. It makes no difference whether you go or not, the compensation is due. Now there is bad weather and there assorted ATC issues today, this would allow BA to not pay compensation (see main thread) however the BA App has not mentioned either weather or ATC as a reason for cancellation, indeed it has given no reason. This usually - but not always - means that BAEF doesn't have enough crew or staff to run the service, and for that compensation would be due, as I'm sure you would expect. It makes no difference if you fly or not, the harm is done, as it were.

A lot of this information is in the key threads of this forum, so personally I think it may be worth getting familiar with say EC261, the Disruptions and Delay FAQ threads, just to give you an easier ride when these things happen. So here it may have given you confidence to go with another airline if you had the facts at your finger tips.
Thank you c-w-s, as always!

I will admit that when things go wrong I, like many, post first on here as I find it hard to access the information in the threads while at the same time juggling all the changes to arrangements etc. And you have always been most helpful, reliable and patient!

I will try and learn get better grips with the threads, I promise....
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Old Oct 27, 2023, 11:07 am
  #2239  
 
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Talking

Originally Posted by BearX220
There are still flights ex-LHR available tonight that, with a quick overnight layover en route, get you to NCE by 815a or 900a Saturday morning...
  • LH2481 to MUC tonight at 815p, quick 7-hour turn in MUC, arrive Nice 815a
  • AF1181 to CDG tonight at 745p, 9-hour turn, arrive Nice 915a
  • LX339 tio ZRH tonight at 805pm, 8-hour turn, arrive Nice 905a
I'd be jumping on something. Might even be fun. Is there nothing at all that suits you outside of your original plan A? Because BA/T5 is where Plan As go to die.
I assume this is a joke?
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Old Oct 27, 2023, 11:16 am
  #2240  
 
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Originally Posted by corporate-wage-slave
Yes, you're fine. If you are not going, then you can get a full refund. Compensation will be possibly, probably payable, since BA could not in any event rebook you within certain time limits. It makes no difference whether you go or not, the compensation is due.
I thought that you lose the right to EC261 if you cancel the booking ie - not accept the replacement flight and simply get your money back. Doesn't EC261 only kick in if the OP takes the offered (or another) flight that gets them into NCE later (or earlier!) than the time limit allowed?
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Old Oct 27, 2023, 11:43 am
  #2241  
 
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Originally Posted by BearX220
There are still flights ex-LHR available tonight that, with a quick overnight layover en route, get you to NCE by 815a or 900a Saturday morning...
  • LH2481 to MUC tonight at 815p, quick 7-hour turn in MUC, arrive Nice 815a
  • AF1181 to CDG tonight at 745p, 9-hour turn, arrive Nice 915a
  • LX339 tio ZRH tonight at 805pm, 8-hour turn, arrive Nice 905a
I'd be jumping on something. Might even be fun. Is there nothing at all that suits you outside of your original plan A? Because BA/T5 is where Plan As go to die.
Sounds like he has never travelled before tbh.
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Old Oct 27, 2023, 11:52 am
  #2242  
 
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Originally Posted by PAL62V
I thought that you lose the right to EC261 if you cancel the booking ie - not accept the replacement flight and simply get your money back. Doesn't EC261 only kick in if the OP takes the offered (or another) flight that gets them into NCE later (or earlier!) than the time limit allowed?
Trust c-w-s.

And think it through. The legislation covers cancellations and delays. If you lose the right to compensation if you refuse an alternative flight (that arrives well past when the delay compensation would kick in) then it is pointless for cancellations, isn't it?

Last edited by aristoph; Oct 27, 2023 at 12:14 pm
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Old Oct 27, 2023, 11:54 am
  #2243  
 
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Originally Posted by PAL62V
I thought that you lose the right to EC261 if you cancel the booking ie - not accept the replacement flight and simply get your money back. Doesn't EC261 only kick in if the OP takes the offered (or another) flight that gets them into NCE later (or earlier!) than the time limit allowed?
If the flight is delayed then you actually need to fly on the delayed flight to be eligable for the compensation. If it's cancelled on the day & BA couldn't offer to reroute you to arrive within 2hrs then you can have a refund and the compensation (as long as not extraordinary circumstances) .
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Old Oct 27, 2023, 12:02 pm
  #2244  
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Originally Posted by PAL62V
I thought that you lose the right to EC261 if you cancel the booking ie - not accept the replacement flight and simply get your money back. Doesn't EC261 only kick in if the OP takes the offered (or another) flight that gets them into NCE later (or earlier!) than the time limit allowed?
It is a confusing area. Firstly it differs from Delay compensation, where (mostly) you have to be delayed to claim compensation. Cancellation compensation kicks in from the act of cancellation, rather than the endurance of delays. Secondly the reason not to cancel is if you want to rebook, since there is a separate provision for this, where you either get a refund on your travels (which is what the OP is wanting) or you want to ping BA for the easyJet service on to which they won't rebook the OP. It's one or the other.. Hence my earlier post. This doesn't matter here since the OP has understandably decided to not travel at all.

When we say "EC261" it often means "compensation" to some people, but actually it's many things, including "reimbursement", Right to Care, Rebooking, As a general rule, if you are not sure, don't cancel and ask questions if uncertain. Here the OP is certain, and so it's ok to cancel.
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Old Oct 27, 2023, 12:20 pm
  #2245  
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Originally Posted by aristoph
I assume this is a joke?
Well, what would you do?

Originally Posted by Spokes
Sounds like he has never travelled before tbh.
I've been around just long enough, and know enough, not to be shocked when my flight cancels, and to be ready with alternatives. What would you do in this situation?
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Old Oct 27, 2023, 1:34 pm
  #2246  
 
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Hi all,

Does anyone believe going to CEDR might affect your chances of future upgrades-would BA have that information when it comes to deciding such issues?

Just about to go to CEDR that’s why-been waiting for at least 1500 for 8 weeks-expenses only.

Many Thanks
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Old Oct 27, 2023, 1:46 pm
  #2247  
 
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Originally Posted by Juliet34
Hi all,

Does anyone believe going to CEDR might affect your chances of future upgrades-would BA have that information when it comes to deciding such issues?

Just about to go to CEDR thats why-been waiting for at least 1500 for 8 weeks-expenses only.

Many Thanks
A) upgrades tend to be operational and are automated, so no
B) your chances of an upgrade are pretty low anyway without very tactical bookings and high status/luck
C) surely youd rather have 1500 than maybe get upgraded to club one time
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Old Oct 27, 2023, 2:38 pm
  #2248  
 
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Originally Posted by corporate-wage-slave
Thank you for putting all the relevant times in. The Regulation as worded says that the benchmark for cancellation compensation relates to scheduled time. Confusingly BA doesn't (yet) recognise Azurair, and sticks to actual time if it's BA metal. The first factor runs in BA's financial favour, the second factor can run adversely financially for BA. Now sticking to the words of the Regulation, you were offered a service which left more than one hour early - thus triggering compensation, and would have arrived early too and thus covered by Azurair, the full amount payable. But let's say the it should be based on actuals. In which case you were within the no-compensation area, less than an hour early, less than 2 hours late, other than that in reality you presumably needed be at the airport for the original time. And I think that's your hook here: if you look at the wording for Azurair, it's all about how early departures, at a certain point, get inconvenient, and the line is judged to be 1 hour early. More than that, the early departure creates inconvenience to you. I guess if BA communicated with you on the day of delayed departure such that in reality you arrived less than an hour early then it's more complicated, but I'm guessing that didn't happen here.

It's OK to accept the 50% amount and still go to CEDR. Sometimes BA issues a note about how going to CEDR will risk removing settlement offers, but when it comes to EC261 it can't actually do that. It's not a discretionary process.

t's not the early departure, incidentally, that triggers the 50% reduction, it's the early arrival, but that's a pedantic point.
Thank you very much corporate-wage-slave, apologies for the delay in thanking you, I've been feeling unwell.

I wasn't entirely clear on some of what you said, you mentioned if it was based on actual flight times that this would mean we were in the no-compensation area. Does this mean that if taken to CEDR that they could possibly decide no compensation was payable at all?
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Old Oct 27, 2023, 2:41 pm
  #2249  
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Originally Posted by geogad
I wasn't entirely clear on some of what you said, you mentioned if it was based on actual flight times that this would mean we were in the no-compensation area. Does this mean that if taken to CEDR that they could possibly decide no compensation was payable at all?
That's one possible outcome yes.
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Old Oct 27, 2023, 2:50 pm
  #2250  
 
Join Date: Apr 2020
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Booking on one PNR. DUB-LHR-MIA-CUN. Miami to Cancun was a BA codeshare flight number but was cancelled by AA 2 months out.
Rebooked onto the next available flight on a non codeshare flight number a day later. Have asked for and been refused Duty of Care by BA for the night spent in Miami.
Reply has told me to contact AA to recover the cost of hotel.
Do I chase AA or ask if BA will change their position and if not go to CEDR? Thanks in advance
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