Cancelled flight

[Sobeboy15]

Afternoon, stuck at CPH as BA815 has just gone tech apparently a new aircraft which has developed some issue (which was cleared), however the Captain is refusing to fly. We’ve been rebooked onto BA819 which arrives 5 hours late.

Am I right I am entitled to £220 compensation under EC261. When I try and start a claim on the BA website it doesn’t show the cancelled flight only the amended flight. Do I put the details in seperately.

Also am I entitled to any subsistence they did not give us any vouchers out at the airport.

Thanks for any help

[JDB]

@Sobeboy15 – you are entitled to the £220 cancellation compensation unless BA can claim ‘extraordinary circumstances’ although technical faults are usually, but not always, in your favour. You should be able to add the original cancelled flight into your claim, if not put it in the text box.

New 261 rights attach to your rerouting flight into case that is late or cancelled.

Re subsistence, yes you can claim for reasonable expenses but that’s not going to be a big sum, particularly mid-afternoon. There’s no fixed amount but maybe something around £15 might be reasonable to expect and they might balk at a £15 cocktail/glass of champagne.

[Ihar]

Quite strange if the Captain refuses to fly if it meets the MEL. So there might be some reason that could be “extraordinary” …. I thought alcohol was specifically excluded from any compensation, but I’d definitely be claiming for a meal if 2-3 hours.

[JDB]

Ihar wrote:

Quite strange if the Captain refuses to fly if it meets the MEL. So there might be some reason that could be “extraordinary” …. I thought alcohol was specifically excluded from any compensation, but I’d definitely be claiming for a meal if 2-3 hours.

There is absolutely no exclusion for alcohol; it’s a myth that used to be repeated here. I think that myth may originate from the CAA which warns that airlines might refuse to indemnify the costs of luxury hotels or alcohol but there is nothing in the legislation or Interpretative Guidelines to that effect.

The legislation simply states : “meals and refreshments in a reasonable relation to the
waiting time”. Article 9 Right to Care costs and self rerouting costs are subject to the CJEU’s test that they must be “necessary, appropriate and reasonable”.

I have never had a claim including even quite a lot of alcohol refused. A standalone claim for alcoholic drinks shouldn’t meet the test.

[Sobeboy15]

Have to say really impressed with British Airways after only a day of submitting my EC261 claim they have come back and confirmed it and agreed to all my expenses.

[Ihar]

JDB wrote:

There is absolutely no exclusion for alcohol; it’s a myth that used to be repeated here.

I’ll be checking it on my next delay (though normally in the lounge anyway). Sorry for the poor advice!