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Just checking my booking and BA have cancelled the flight- no email notification at all!
Anyway luckily booked on the 16.30 flight. Am I entitled to any compensation.Cant make sense of BA explanation!
Thank you- its not the end of the world but messed up our plans for tomorrow!What was the time of the original flight as compensation will depend on that.
Presumably 18:45.
@njb, presumably you opted to be rebooked on an earlier flight. I don’t think EC261 entitles you to compensation in that case, though it would have done had you been unable to take the earlier option and consequently been delayed >3 hours, plus potentially care (meals and accomodation) as well.- This reply was modified 55 years, 4 months ago by .
What was in BA’s email? Are they offering anything?
Is the 18.45 in the heading the time of your originally booked flight?
And is your flight number for the 16.30 departure now different?If so this is a cancellation.
Looks like under Article 5.1(c)(iii) of EU261 as being asked to depart more than 1 hour before original departure, compensation is claimable.Looks like under Article 7.1(b), as I believe LIS to LHR is > 1500km, and Article 7.2(b) you can claim 200 euros compensation if you land at Heathrow less than 3 hours after the scheduled arrival time of your original flight. If any later than 3 hours then 400 euros. (Claim 400 euros anyway per seat, but the airline can reduce to 200 if the arrival was in less than 3 hours from your originally scheduled arrival.)
Note you have not arrived until the aircraft has finished taxiing, parked, AND the front door is open for the first passenger to leave AND the steps or jetty have been connected and made available for that first passenger to step out of the aircraft. That’s the time you have officially landed. Until that time, ignore any “Welcome to Heathrow the time is… ” announcements cos your wheels may be on the ground, but you haven’t landed yet. Ignore, in particular if you’re lucky enough to hear it, the Ryanair trumpet.
In that case I stand corrected.
In that case I stand corrected.
You might be right marks7389. It depends how it happened. If it was clear this was done only in light of BA’s cancellation and depending if a different offer was rejected I suppose it could go either way.
What do you reckon are the odds of the 16.30 flight being delayed now? I reckon the odds are quite high… 🙂
Yes, this is a new ruling (end of last year!) and it applies because the flight originated in the EU. However, if BA are unwilling to offer it, you’ll have to take it to Portuguese courts (not sure you could do S75 claim, probably not)
Something similar happened to me just now.
Originally booked flight
BA462 Heathrow (London) to Madrid
02 Apr 2022 15:15 – 02 Apr 2022 18:45Rebooked flight once I saw the cancellation (no email just saw it when going to upload covid docs)
BA0460 Heathrow (London) to Madrid
02 Apr 2022 13:05 – 02 Apr 2022 15:35I’ll give it a try with EU261, I guess no added compensation through Amex PLAT is due or should I pursue as well?
@jotaele Flights brought forward from UK don’t count because BA is a non-EU airline and this part of EU261 legislation is post-Brexit (ruling from end of 2021). So not possible to get compensation. You could try with MCOL and see if the judge will consult the ECJ case law (they can consult if they want), but chances are slim.
@jotaele Flights brought forward from UK don’t count because BA is a non-EU airline and this part of EU261 legislation is post-Brexit (ruling from end of 2021). So not possible to get compensation. You could try with MCOL and see if the judge will consult the ECJ case law (they can consult if they want), but chances are slim.
EU261 became UK261 … https://refundor.com/en/news/regulation-uk261
Yes, you don’t have to tell me, but this ruling is post-Brexit and any new rulings don’t apply to UK as the law has been just transposed as it was on the exit day. So until UK government changes it, it does not apply.
Here’s the press release about the ruling from 21 Dec 2021.
https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-12/cp210226en.pdf
Even if it is not EU261 but UK261 I don’t see the reason for no compensation.
Situations when it applies (no change):
1. flight delays of 3+ hours,
2. flight cancellations less than 14 days before the date of departure,
3. boarding denials due to overbooking.My situation is number 2, am I missing anything here?
Yes, you don’t have to tell me, but this ruling is post-Brexit and any new rulings don’t apply to UK as the law has been just transposed as it was on the exit day. So until UK government changes it, it does not apply.
Here’s the press release about the ruling from 21 Dec 2021.
https://curia.europa.eu/jcms/upload/docs/application/pdf/2021-12/cp210226en.pdf
It won’t apply to UK airlines on an ex UK flight (unless and until this ECJ gets made part of UK law) but it will on flights leaving the EU to the UK.
As time advances there will be more and more asymmetry between the two regulations leading to more and more confusion.
Thanks for all the replies.
We had no email notification of the cancellation.
The 18-45 flight was cancelled, I rebooked on the 16.30.
@ladylondon – it was delayed by an hour!
Will try for cancellation compensation and see what happens.In case this is helpful for anyone else, I received my compensation yesterday. 125eur per passenger plus other expenses that I tried my luck with and got reimbursed for as well.
This was my situation:
Originally booked flight
BA462 Heathrow (London) to Madrid
02 Apr 2022 15:15 – 02 Apr 2022 18:45Rebooked flight
BA0460 Heathrow (London) to Madrid
02 Apr 2022 13:05 – 02 Apr 2022 15:35Update – compensation received very easily 200 euros per person. Reply within a week a claim.
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