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Forums Frequent flyer programs British Airways Executive Club Downgrade compensation query

  • Simonm 21 posts

    Grateful for any advice! I’m due to fly DUB-LHR-DFW with BA on Saturday. Last night I got an email to say my DUB-LHR flight had been cancelled. I’ve been moved on to an earlier flight from Dublin and downgraded from Club Europe.

    Am I right in thinking I can claim the original tier points and 30% of the ticket price back from BA, and is it the case that I just use the standard BA complaints form and can ask for both in the same email?

    Although my new flight leaves over an hour before my previous one, it gets in earlier so no cancellation compensation due. Thanks in advance for any help.

    marks7389 425 posts

    Yes 30%, but I think you can only claim against the portion of the price that relates to that sector, which may lead to an interesting argument.

    Tier points are not covered by EC261 so down to BA policy.

    There was some discussion recently about changes to EC261 legislation (but not the retained UK equivalent) that may entitle you to early departure compensation if over an hour. That might be worth looking into.

    Lady London 2,139 posts

    I think you are due compo as the wording in the Article 5.1(c)(iii) of 261 is exempting from compensation only if new departure is less than 1 hour earlier than the original flight AND arrival not more than 2 hours later than original. They’ve breached the 1 hour earlier.

    The journey for this being your whole connecting journey including Transatlantic.

    So 600 euros or £520

    marks7389 425 posts

    It was here:

    https://www.headforpoints.com/forums/topic/tap-portugal-cancellation/

    Not a change to the legislation, but a ruling… so it may be worth trying to use that as precedent but no guarantee that would be applied by a UK court.

    Lady London 2,139 posts

    …plus the 30% downgrade reimbursement of not a lot being the ticket part cost dub-lhr….the breakdown will be in your ticket documentation somewhere

    Lady London 2,139 posts

    DUB is in EU though, surely?

    ChrisC 956 posts

    The reimbursement for the downgraded sector (because that’s what the regulation says you get) is 30% of the cost of the DUB-LHR sector which won’t be very much at all.

    Surely any compensation for the short notice of the cancellation will depend on whether your arrival in DFW is changed at all as that is the measure for any delay and not at any intermediate point.

    JDB 4,621 posts

    DUB is in EU though, surely?


    @Lady
    London – on your “whole connecting journey” thesis, are you actually covered under UK law for a journey from an EU country to the USA (even if it is via the UK?) or would you need to claim in Ireland?

    Simonm 21 posts

    The reimbursement for the downgraded sector (because that’s what the regulation says you get) is 30% of the cost of the DUB-LHR sector which won’t be very much at all.

    Surely any compensation for the short notice of the cancellation will depend on whether your arrival in DFW is changed at all as that is the measure for any delay and not at any intermediate point.

    Yes that was what I was presuming I would get – the 30% of that leg.

    @LadyLondon thank you and interesting re cancellation compensation. The way I read the rules for cancellations within seven days was compensation was only paid if the flight left more than an hour early AND it arrived more than two hours late which I did think was a bit confusing and not likely to apply!

    If it is actually the airline’s only exempt if the new flight time is less than an hour earlier AND arrival is not more than two hours afterwards it would seem I would have a claim.

    Lady London 2,139 posts

    DUB is in EU though, surely?


    @Lady
    London – on your “whole connecting journey” thesis, are you actually covered under UK law for a journey from an EU country to the USA (even if it is via the UK?) or would you need to claim in Ireland?

    Yes the delay compo is judged on the whole connecting journey. The wording on this in 261 itself is ‘final destination’ as the point where delay is measured. It was definitely in operation that way before it was copied identically from EU into UK law. Also I don’t think the wording of 261 has been changed by EU since Brexit so assume the relevant wording of the actual 261 is the same in both. So it shouldn’t matter as wording should be the same in EU and UK law.
    So jurisdiction should not matter.

    As @meta has mentioned, as and when any UK judges start making judgments that somehow succeed in interpreting UK261 legislation differently (though it would be hard on this point of final destination as the wording is so clear and previous UK judgments seem to have gone the same way), then if different case law is then created in the UK by such judgments, then later cases might well follow that new UK case law leading to a divergence between EU and UK 261 law even if the wording of 261 remains the same.

    Far more likely the UK government will give in to pressure from business and actually remove bits of the 261 legislation or lame it in some other way.

    Lady London 2,139 posts

    I think you are due compo as the wording in the Article 5.1(c)(iii) of 261 is exempting from compensation only if new departure is less than 1 hour earlier than the original flight AND arrival not more than 2 hours later than original. They’ve breached the 1 hour earlier.

    The journey for this being your whole connecting journey including Transatlantic.

    So 600 euros or £520

    Just had a look at EU261 wording. I followed from Article 5.1(c)(iii) to Article 7.2. If you don’t end up delayed at final destination by at least 4 hours, given your journey length from DUB, it looks like the carrier can take 50% off your compo. You’d still claim the full I think, but they could respond by reducing it.

    Why don’t you Google the text of Article 5 of EU261 and you’ll see the AND I mentioned?

    Then at least you will be prepared to see how your journey goes, and decide what you claim afterwards.

    Simonm 21 posts

    Thank you Lady London, much appreciated!

    • This reply was modified 54 years, 5 months ago by .
    meta 1,470 posts

    Delay/Cancellation compensation ECJ rulings in regards to connecting flights are from before Brexit (can’t remember exact year on top of my head), so apply in the UK and courts have to take it into account and you can quote them in your submissions.

    JDB 4,621 posts

    Delay/Cancellation compensation ECJ rulings in regards to connecting flights are from before Brexit (can’t remember exact year on top of my head), so apply in the UK and courts have to take it into account and you can quote them in your submissions.

    The scope of the UK legislation was changed when updated to reflect Brexit. It now says:-

    “This Regulation shall apply:

    (a)to passengers departing from an airport located in [F1the United Kingdom];

    [F2(b)to passengers departing from an airport located in a country other than the United Kingdom to an airport situated in—

    (i)
    the United Kingdom if the operating air carrier of the flight concerned is a Community carrier or a UK air carrier; or
    (ii)
    the territory of a Member State to which the Treaty applies if the operating air carrier of the flight concerned is a UK air carrier,
    unless the passengers received benefits or compensation and were given assistance in that other country.]”

    I don’t know the answer, but could this poster apply in the UK courts or not for EU261 remedy, for a journey from an EU country to the USA as in this case even via London/on a UK carrier?? It would seem odd that one could, at the same time, claim for the first leg and separately for the whole connecting journey.

    • This reply was modified 54 years, 5 months ago by .
    Simonm 21 posts

    Just posting an update to this. After bit of googling I submitted a claim for 600 euros compensation as I discovered a case last year found that with cancelled flights the compensation due should be calculated according to the length of the entire journey, not just the specific flight.

    I quoted the case name in my claim and BA emailed me this week to say my claim had been approved. Thanks everyone for their help!

    Lady London 2,139 posts

    “I rest my case” 🙂 .

    Well done, @Simonm. Thank you for letting us know of your success.

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