Accepted a refund with BA and rebooked myself. Did I make my case wors?

[mackejj]

Hi looking for some guidance and whether I have grossly misunderstood my rights.
I had a BA flight from LHR to Mallorca cancelled <14 days before departure. I also had a (connecting) flight the day prior from CPH to London with BA. I called the agent and asked for a replacement flight on the same day. After about an hour on the phone it was clear there were no options on the same day and flying on +/- day really didnt work with our plans. I then asked for a refund instead which will be paid back in full. I also cancelled the CPH-LHR flight which will be refunded. I then proceeded to book a direct flight from CPH to PMI (SAS) at a huge expense to replace the cancelled flight, arriving more than 2 hours later than original booking.

Before I did all this I attempted to read up on my rights. in my understanding I would be eligible for compensation regardless of my action of EUR250 per person based on 2) below (from BAs website);

“Compensation can be claimed where you are either:
1) Delayed at your final destination by more than three hours and that delay arises from causes within the carrier’s control
2) Informed of a cancellation less than fourteen days before the planned departure date that arises from causes within the carrier’s control”.

However, as I’m reading more into it I’m not sure it was a wise decision to accept the refund as it may give BA the ability to wash it off their hands? If I made the wrong choice what can I do to rectify? I’ve also read that I may be able to get compensation for my alternative flight but this ship may have sailed too. Right to care (hotels and other incidentals) for staying in Copenhagen an additional night is probably out of the window.

Would be very thankful to anyone who could just help me understand what I’m legally entitled to do.

Many thanks

[PeteM]

So I think you’re still entitled to the EU261 compensation, but that is about it.

• This reply was modified 54 years, 4 months ago by .

[SamG]

Agree. The remedy you are entitled to is reroute OR refund. Not both. If you hadn’t taken the refund you could have claimed the SAS ticket back from BA as per your right to rerouting (I’m assuming this was all on one ticket) . Alternatively if you could have found a suitable Swiss/Lufthansa routing they would have been able to book that.

This is a topic we’re seeing over and over on the forums lately and is very unfortunate that so many people are being too quick to refund – perhaps a topic for @Rob @Rhys to run urgently as an article whilst BA are busy slashing their schedule?!

[AndyGWP]

SamG wrote:

This is a topic we’re seeing over and over on the forums lately and is very unfortunate that so many people are being too quick to refund – perhaps a topic for @Rob @Rhys to run urgently as an article whilst BA are busy slashing their schedule?!

I’d agree but I’m guessing they wouldn’t want to get caught up in dishing out legal advice / advising on interpretation of law and then be on the hook (or feel guilty) for readers racking up lots of costs in replacement flights and facing a battle to get their costs back… I could be wrong 🙂

[SamG]

Yes I see that. perhaps one that quotes heavily from the CAA / Which articles rather than anything actually originally written

[meta]

The OP might have a recourse under Article 15 for refund of the difference if his full rights haven’t been read out/explained by the agent.

For this to be successfully argued at MCOL (I wouldn’t go to CEDR), OP will need to get a recording of the call to make sure that they have not, which is easier said than done.

[Rob]

In my experience, if BA cancels an Avios ticket AND there are still Avios seats on the alternative flight then do not let BA rebook. Accept the cancellation and rebook yourself. This forces BA to pay you full compensation without any ‘discussions’ about what you are due since they rebooked you.

[mackejj]

Thanks for providing clear answers. A learning experience for sure. Who knows, might come in handy very shortly due to SAS pilot strikes.

“The OP might have a recourse under Article 15 for refund of the difference if his full rights haven’t been read out/explained by the agent”

I don’t believe they were. It was clearly stated that no alternative flights could be booked on the same day. That I had an option to do this myself was never explained. I could try to go down the Article 15 route as it may be worth a try. I havent heard anything regarding the EU261 compensation. Do I wait for a response or do I just go ahead with making a MCOL claim?

Thanks

• This reply was modified 54 years, 4 months ago by .

[JDB]

@mackejj there isn’t per se an option to do the rebooking yourself as you describe so airlines won’t often suggest it. The self reroute/rebook option is what people often do when the airline refuses to do this, in breach of statutory requirements and the pax then claims the cost from the airline or arbitration/legal proceedings if they refuse. It isn’t certain that you will get the money back, but you should do if your self rebook is reasonable in all the circumstances.

It does mean that you will be out of pocket while the matter is settled which is likely to take weeks/months which is one of the reasons always to try to get the airline to do the rebooking. Another reason is that if you just go off and rebook without giving the airline an opportunity, you may lose your ‘duty of care’ and reimbursement rights

You need to ask for the EC261 and wait for their response before MCOL.

Re SAS pilot strike – the airline has cited that as one of the reasons for today’s bankruptcy filing, although they should continue to operate reasonably normally during the bankruptcy.

• This reply was modified 54 years, 4 months ago by .

[PeteM]

mackejj wrote:

I havent heard anything regarding the EU261 compensation.

It will be a while before you hear – at least a month I would say, probably more with the latest issues.