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Does Italian law mean you can book a cheap BA ticket from Milan but get on in London?

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We cover ex-EU flights deals (cheap flights which start in a European country, not the UK) now and again on Head for Points, although they are not for everyone.  There are two types of ex-EU deal if you live in the UK:

saving money (not on BA) by starting your trip outside the UK, which is usually cheaper because you avoid long-haul UK Air Passenger Duty (up to £160) and because other markets generally have fewer corporate travellers willing to pay full fare

saving money on BA flights by starting your trip outside the UK, which involves flying back to London and then onwards to your final destination.  This is cheaper because you avoid long-haul APD and because BA has to price these indirect trips cheaply to compete with direct flights from the same cities. 

As a random example of the latter, take a look at this article we ran last week showing £1,150 British Airways Club World return flights to Cape Town, as long as you start in Amsterdam.

Of course, flying to your European starting point costs time and money.  I did a few trips like this when I was single, because I was happy to trade the time for the money saved and the extra Avios and tier points earned.  There is no way, however, that I would drag my wife and children around Europe on a similar route.

You MUST, MUST, MUST take the first leg of your flight.  If you book Amsterdam – Heathrow – Cape Town and just turn up at Heathrow, you’re stuffed.  Your entire itinerary will have been cancelled when you failed to board the flight in Amsterdam.

But has Italian law thrown all this into disarray?

Take a look at this article.

In June 2017, British Airways and Etihad were each fined a whopping €1 million for not telling customers that they would NOT lose their entire booking if they missed the first leg when flying from Italy.

It appears that Italian law does not allow airlines to cancel the rest of your journey if you fail to take the first flight.  The article makes it clear that this applies both to multi-leg outward trips and return trips.

Italian law does not give you, the passenger, carte blanche however.  You must notify the airline of your intention to fly the subsequent parts of your ticket within 24 hours of the original departure time (two hours for a round trip same-day ticket).

If you do this, and your ticket was sold in Italy, the airline is obliged to let you continue your trip.

Here is an example in practice

Take a look at this page of the Qatar Airways website.

It tells passengers who have bought tickets in Italy that they can ring a specific number, or email a specific inbox, within 24 hours of their original flight and have the rest of the ticket reinstated.

What does this mean?

I am not a European aviation lawyer.  Let’s get that clear from the start.

However, the implication here is that you could potentially book a cheap Milan – London – XXXXXX business class ticket on British Airways, and not bother to take the first flight.

All you would have to do is call BA after the departure of the first leg and insist they reinstate the remaining flights.  You could then turn up at Heathrow and jump on as usual, having made a substantial saving.

One potential risk is the definition of “a ticket sold in Italy”.  Flights booked on ba.com from Italy will probably be ticketed locally but can you be certain of this? Is there a way of knowing where the “sale” took place?  You could, of course, use an Italian travel agent or Italian website to make your booking which would ensure it was “sold” in Italy.

Let’s be very clear ….

I am NOT recommending you go out and try this.  I am simply highlighting the fact that Italian law seems to imply that it should be possible.  However, I am NOT going to be taking a risk here and I don’t recommend that you do either, unless you are brave (or on a fully flexible ticket!).  I’m sure at some point we will find out one or the other whether it is possible.

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Comments

  1. I’m another one who’s happy to spend a day faffing round to get a cheaper trip, no issues at all as long as it fits my schedule.

    BA is already wise to this Italian thing though and is working to change Point of Sale to Point of Commencement precisely because of it. It’ll take time to make the IT changes but what it’ll mean in practice is that your contract will be for carriage from a particular country.

    • Isn’t that still illegal to cancel the next flight though? Ie a layman’s interpretation of the law is that if they contract the point of commencement as binding that in itself is breach of Italian law.
      Would be an interesting case to take.

  2. Phil Gollings says:

    It is worth flying to any European destination not to fly BA.
    Every other business class product i have been on is far superior (American, delta, Qatar, Emirates, Cathay) and much cheaper. Some also have staff that want to provide you some service too, not just sleep all night

  3. On the vaguely related subject of law and airlines…

    I think media organisations will simply have to buy a share for each reporter, and O’Leary will have to let them attend the AGM.

    So this is just messing people around.

    https://www.rte.ie/news/2018/0910/992896-ryanair-media-ban/

  4. It would be extremely brave for BA not to honour this.
    A successful challenge in court for denied boarding for a family holiday could easily see them held liable for very substantial costs, potentially full cost of holiday voided plus cost of buying back another x days holiday in order to reschedule to another time. Easily tens of thousands just for one family.

  5. Richard M says:

    Presumably when you contact BA to reinstate the flights, they would legally be within their rights to levy the additional Air Passenger Duty for a London departure?

  6. Does the itinerary have to start in Italy as well as have been sold there ?

    You can use a VPN to appear to be in Italy when you buy.

  7. Shoestring says:

    You could always claim back the cost of the inbound flight if you miss the outward and the whole ticket gets cancelled
    https://www.independent.co.uk/travel/news-and-advice/airlines-passengers-refund-cancel-ticket-court-rules-james-dove-iberia-lawsuit-london-madrid-a7810586.html

  8. I have been doing these ex- flights for a while now with wife and son in tow. For example this Xmas we have flights from Copenhagen-LHR-Florida and Florida-LHR-CPH for £260pp Economy. Leaving from London was £800pp.

    Apart from just leaving plane in LHR if you have hand luggage, make sure your stopover in LHR is over 6 hours (say you are going sightseeing) so bags will be checked to LHR then its your responsibility to re-check. Another thing to note is you can sometimes add a free 24 hour stopover in LHR and then totally miss last leg.

  9. tempted to try this with flights from Milan to Hong Kong via London on Virgin – first leg is a BA flight though, so unsure who to contact to cancel the first leg.

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