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Cancellation compensation query

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  • freckles

    EDI/LHR flight 14/7 9.15am cancelled with 10 days notice. Have been rebooked onto same day 6.55am flight instead. This arrives 2hr 15m before original flight, and I will still connect to my onwards BUD flight the same day, so will arrive at my final final destination on time.

    Question – does my domestic rebooking qualify for EC261 cancellation compensation? I’ve read through BA info and can’t make sense of it for these circumstances, so hoping some of the experts can clarify for me.

    TIA

    JDB

    This hasn’t been properly tested in the UK. The journey that counts is the whole journey EDI-BUD if on one ticket and you will arrive on time. However in December 2021 there was a decision by the ECJ that determined that an earlier departure was equivalent to a cancellation in terms in inconvenience, so entitled the pax to compensation. This isn’t immediately obvious in the EC261 text and the decision post dates Brexit so uncertain if an English court would apply it.

    If you were eligible, you would get the longer distance compensation, not just for the domestic flight.

    meta

    Yes, it’s a bit of a grey area. However, the flight was cancelled, so I think you have the right to cancellation compensation, but not delay compensation. Under Article 5 (Cancellation) of UK261 the following might be considered:

    “…have the right to compensation by the operating air carrier in accordance with Article 7, unless:

    (ii) they are informed of the cancellation between two weeks and seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival; or

    Given that the you’re departing more than 2 hours before you might have some luck as the legislation is worded as depart no more than two hours AND reach the final destination less than four hour after… This means that the first condition has not been met.

    However, given that you have been offered an alternative flight that satisfies the conditions under Article 7, you are only entitled to 50% of 250/400/600 euros. And it’s irrelevant whether it’s domestic or not if booked on one ticket. Your flight is considered as EDI-BUD for the purpose of determining the level of compensation.

    • This reply was modified 52 years, 7 months ago by .
    freckles

    Thanks JDB.

    Looking at CAA web page https://www.caa.co.uk/passengers/resolving-travel-problems/delays-and-cancellations/cancellations/
    The table on there seems to suggest compensation for short flights based solely on arriving later than planned, whereas medium haul flights get compensation for ‘takes off more than 2 hours before original flight and arrives less than 3 hours later at final destination’

    My new flight takes off more than 2 hours before scheduled time of my original flight.

    • This reply was modified 52 years, 7 months ago by .
    JDB

    @freckles the issue is that, if you are on one ticket, it’s the whole trip that counts, not the separate segments. The CAA advice is correct but it’s talking about individual flights, not connecting flights.

    Essentially, if both flights went wrong you can’t claim £220 + £350, you can only claim a total of £350 and the measure of delay is also for the whole journey, not for the individual legs.

    • This reply was modified 52 years, 7 months ago by .
    JDB

    @freckles it’s a bit confusing, but for 15+ years the courts read what the words say; the ‘and’ can be interpreted in different ways, but it was generally accepted until Dec 2021 that an early departure didn’t engage EC261/compensation if the arrival fell within the permitted time limits.

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