A reader wins EC261 compensation for a BA flight cancelled during covid
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At the start of the coronavirus pandemic, the rules regarding the claiming of compensation for cancelled flights were relaxed.
Under EC261, if your flight is cancelled within 14 days of departure, you are entitled to receive, on top of a full refund or a revised flight:
- Under 1,500km: €250
- Internal EU flight over 1,500km: €400
- Non-internal EU flight between 1,500km and 3,500km: €400
- Non-internal EU flight over 3,500km: €600
The European Union issued guidance to say that airlines should not be liable for compensation if flights are cancelled where “public authorities take measures intended to contain the Covid-19 pandemic“. Such cancellations would be treated as having been made in ‘extraordinary circumstances’ and are not liable for compensation.
A Head for Points reader decided to challenge this.
He was due to fly from Heathrow to Porto in August. His flight was cancelled six days before departure, which is inside the 14 day period which would trigger cash compensation under EC261.
British Airways refused to pay compensation, quoting the EU guidance over coronavirus exceptions.
Our reader pushed back. British Airways was continuing to operate two flights per week between Heathrow and Porto. This implied that the flight cancellations were simply a way of consolidating passengers onto the two services which were departing.
In such a scenario, the flight was arguably cancelled for pure economic reasons. A key factor behind the original introduction of EC261 was to stop this practice, with airlines cancelling flights at short notice when they had two flights due to depart with a combined load of under 100%.
The result of the CEDR arbitration was that:
“The airline has not provided any evidence to illustrate that there were any concerns over the wellbeing or health of the crew scheduled to operate the Flight or that operation of the Flight would have infringed on the safety of the passenger or crew. The airline has also not provided any evidence to illustrate that passenger numbers would have been sufficiently low as to have required cancellation of the Flight for economic reasons, and the airline has not explained why the Flight was considered unable to operate despite other flights to OPO continuing to operate in the preceding and following days. The evidence provided is not sufficient to persuade me that the airline had no choice but to cancel the Flight.”
The reader was awarded the EC261-defined compensation of €250 per passenger.
If you have had a flight cancelled with less than 14 days notice due to coronavirus, you may have grounds for a successful EC261 claim. You will need to provide proof that British Airways was still operating flights to your destination on the days before and after your flight was due to depart.
Our guide to claiming compensation from British Airways via the CEDR process is here.
How to earn Avios from UK credit cards (June 2023)
As a reminder, there are various ways of earning Avios points from UK credit cards. Many cards also have generous sign-up bonuses!
In February 2022, Barclaycard launched two exciting new Barclaycard Avios Mastercard cards with a bonus of up to 25,000 Avios. You can apply here.
You qualify for the bonus on these cards even if you have a British Airways American Express card:
Barclaycard Avios Plus Mastercard
Get 25,000 Avios for signing up and an upgrade voucher at £10,000 Read our full review
Barclaycard Avios Mastercard
5,000 Avios for signing up and an upgrade voucher at £20,000 Read our full review
There are two official British Airways American Express cards with attractive sign-up bonuses:
British Airways American Express Premium Plus
25,000 Avios and the famous annual 2-4-1 voucher Read our full review
British Airways American Express
5,000 Avios for signing up and an Economy 2-4-1 voucher for spending £12,000 Read our full review
You can also get generous sign-up bonuses by applying for American Express cards which earn Membership Rewards points.
SPECIAL OFFER: Until 13th June, the sign-up bonus on The Platinum Card is doubled to 60,000 Membership Rewards points – and you get £200 to spend at Amex Travel too! Apply here.
American Express Preferred Rewards Gold
Your best beginner’s card – 20,000 points, FREE for a year & four airport lounge passes Read our full review
The Platinum Card from American Express
60,000 points AND a £200 Amex Travel voucher until 13th June! Read our full review
Run your own business?
We recommend Capital On Tap for limited companies. You earn 1 Avios per £1 which is impressive for a Visa card, along with a sign-up bonus worth 10,500 Avios.
Capital On Tap Business Rewards Visa
Get a 10,000 points bonus plus an extra 500 points for our readers Read our full review
You should also consider the British Airways Accelerating Business credit card. This is open to sole traders as well as limited companies and has a 30,000 Avios sign-up bonus.
EDIT: Applications for this card are temporarily suspended due to IT issues with the British Airways On Business SME loyalty scheme.
British Airways Accelerating Business American Express
30,000 Avios sign-up bonus – plus annual bonuses of up to 30,000 Avios Read our full review
There are also generous bonuses on the two American Express Business cards, with the points converting at 1:1 into Avios. These cards are open to sole traders as well as limited companies.
American Express Business Platinum
40,000 points bonus and a £200 Amex Travel credit every year Read our full review
American Express Business Gold
20,000 points sign-up bonus and free for a year Read our full review
Click here to read our detailed summary of all UK credit cards which earn Avios. This includes both personal and small business cards.