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  • robbysgm 11 posts

    My family and I were due to travel back from Tenerife with BA in August earlier this year. The return flight was cancelled with only 24 hours notice, and we then were provided with alternative return flights 3 days later. This second flight was also cancelled with less than 12 hours notice. Both cancellations were due to BA logistical issues (not the UK ATC issue or other factors that were out of their control). We then made our own arrangements to travel back with Jet2, as BA could only offer us another set of flights 5 days later.

    We have raised two claims with BA under EU261 for each flight, however BA have stated they will only provide compensation for the original flight. Is this correct or does EU261 cover both the original and rescheduled flight, since both were cancelled with less than 7 days before departure?

    Our additional spend is over £4k and BA are only offering £1,750 in compensation (£350 x 5 passengers). Do we have a case to claim for both flights being cancelled?

    Thank you.

    Anna 458 posts

    Did you accept the cancellation of the 2nd flight and request a refund, or are you claiming your re-routing costs on Jet2?

    robbysgm 11 posts

    No, I didn’t accept the cancellation of the 2nd flight. BA automatically rebooked us on to a third return flight (2 days after the 2nd flight) routing via Madrid. I contacted BA the evening before this 3rd flight saying that we did not want it as we had made alternative arrangements to get home, which then led to them cancelling it and issuing a refund (albeit they only returned the taxes from the flight since it was an Avios booking). At no point did I accept a refund, I just said the flights that they had rebooked us on to were not required.

    NorthernLass 7,988 posts

    You are entitled to a FULL refund (avios plus taxes) OR re-routing. They would probably argue that you accepted the cancellation based on what you told them, but you should get the avios back as long as you didn’t accept the original changes to the flight.

    I can’t answer on the compensation issue, sorry!

    JDB 4,551 posts

    In principle, you are entitled to compensation on a rerouted flight in addition to the original. This is made clear in the Interpretative Guidelines :-

    “Any new right to compensation according to Article 7 will apply to the re-routed flight accepted under Article 8(1)(b)or (c) if it is also cancelled or delayed at arrival (see Section 4.4.11). The Commission recommends that options are
    clearly spelled out to passengers when assistance is to be provided.”

    Whether BA is liable to pay that compensation and the cost of the rerouted flights will depend on the actions you took or didn’t take to give BA the opportunity to reroute you.

    JDB 4,551 posts

    Per your post, there is a risk that in refusing BA’s rerouting option, saying you didn’t want the flights they had rebooked without giving them further opportunity, might be considered tantamount to seeking a refund. The Interpretative Guidelines state:-

    As a general principle, when the passenger is informed about the cancellation of the flight and is correctly informed on the available choices, the choice offered to passengers under Article 8(1) is to be made once. In such cases, as soon as the passenger has chosen one of the three options under Article 8(1)(a), (b) or (c), the air carrier no longer has any obligation linked to the other two options. Nonetheless, the obligation to compensation may still apply according to Article 5(1)(c) inconnection with Article 7.”

    Richie 1,015 posts

    TFN and TFS airports have plenty of IATA airlines operating from them, 3 days later for re-routing in this context seems poor.

    robbysgm 11 posts

    TFN and TFS airports have plenty of IATA airlines operating from them, 3 days later for re-routing in this context seems poor.

    Agreed. BA were only willing to offer flights operated through IAG partners.

    robbysgm 11 posts

    Per your post, there is a risk that in refusing BA’s rerouting option, saying you didn’t want the flights they had rebooked without giving them further opportunity, might be considered tantamount to seeking a refund. The Interpretative Guidelines state:-

    As a general principle, when the passenger is informed about the cancellation of the flight and is correctly informed on the available choices, the choice offered to passengers under Article 8(1) is to be made once. In such cases, as soon as the passenger has chosen one of the three options under Article 8(1)(a), (b) or (c), the air carrier no longer has any obligation linked to the other two options. Nonetheless, the obligation to compensation may still apply according to Article 5(1)(c) inconnection with Article 7.”

    Thanks JDB. That’s an interesting point. We booked Jet2 on the basis that we could get back the same day rather than the best BA were offering us at the time, which was a flight back 5 days after. With it being 6am on Sunday morning and on the expectation that roughly 100 PAX might be in the same situation, I was keen to get flights booked ASAP.

    I had not requested a cancellation, nor notified them that a return flight was not needed until I spoke with their CS team on the following day.

    Either way, the original flight time for the second cancelled flight had long been surpassed, so does the EU261 compensation still not apply?

    I’m conscious that reimbursement for additional expenses may be lost, but not sure on the compensation that is eligible for a cancellation under EU261.

    robbysgm 11 posts

    You are entitled to a FULL refund (avios plus taxes) OR re-routing. They would probably argue that you accepted the cancellation based on what you told them, but you should get the avios back as long as you didn’t accept the original changes to the flight.

    I can’t answer on the compensation issue, sorry!

    Thank you NorthernLass. Will see whether can progress with compensation from BA, otherwise will have to go down the route of full refund.

    Lady London 2,119 posts

    I’d claim for each cancelled flight separately. So all passengers on each claim, compensation per passenger totalled for that flight on one claim. Then same again separate claim for the secomd flight.

    Having been messed around twice I am sure you booked the Jet2 flights quickly as a matter of practicality because you knew another 100-180 passengers would also be chasing those few seats. Doesn’t mean you’d have refused any reasonable reroute offer, at all, if BA had made any reasonable offer when you called them.

    However as you had feared in making a backup arrangement second time around to ensure you could get home, when you called them BA made it clear tbey were not offering any reasonable reroute, in particular not for the same day and you now needed to get home as close as reasonably possible, ideally same day, but BA’a offer not even close and they did not make any improved offer when you managed to reach them by phone. So you were forced to carry on with your backup option.

    Your 3rd claim is for all hotel and meal expenses between tbe first cancelled flight until the scheduled time of the 2nd flight. Right to care under EU261/UK261.

    Your 4th claim is for the Jet2 flights – rerouting under EU261/UK261, referring to the 2nd cancelled flight number only (don’t mention the first flight it’s irrelevant). BA in communications/ Manage My Booking failed to offer a reasonable reroute for your need to get home as close as poss to the time of your cancelled flight. And even when you called them they made it clear they weren’t offering any reroute per your timing needs. So they owe you reroute costs and no you did not ask for a refund.

    5th claim is for any hotel or meals between the flight time (refer only to 2nd flight number) and your Jet2 flights.

    Each of these for all passengers on each. Keep it simple. About 4 lines per claim if you can! Each separate as above so them trying to refuse one doesn’t hold up all the rest of the money you’re due.

    No don’t take a refund if your Jet2 flights were more. If they try to force one on you that’s part of their tactics. Stick to the full refund you need.

    robbysgm 11 posts

    I’d claim for each cancelled flight separately. So all passengers on each claim, compensation per passenger totalled for that flight on one claim. Then same again separate claim for the second flight.


    @Lady
    London thanks very much for your help (and also to others that responded in this thread). I raised separate claims for each flight, for the expenses incurred in both instances and also for not refunding the Avios from the cancelled flight. Thankfully after chasing BA numerous times (over a 7 month period) they have agreed to to provide compensation under EU261 for both cancellations and have also reimbursed us for almost all of the expenses incurred. I am still chasing for the missing Avios, so hoping that this will be returned in due course too.

    Jill Kinkell 166 posts

    Result! Good to read about your success, but it’s only what’s due to you. So many would have given up. Persistence is key when dealing with BA. Serves them right as They would have been better off just re routing you on Jet2 than paying out to you

    Lady London 2,119 posts

    Excellent @robbygsm and thanks for letting us know.

    Part of me does want to feel sympathy for BA and not claim for both flights even though you were entitled. As @JDB says you almost ruined it for yourself in your conversation with BA by not making very sure to give them an opportunity to reroute you at a more suitable time before you told them you’d already booked Jet2.

    The other part of me does not feel sympathy for BA having to compensate you for both of the flights they cancelled. BA clearly wasn’t running the schedule they had sold for Tenerife at that time, and not making any realistic efforts to, and yet they were too mean spirited to propose you the earlier flights via other airlines that would have got you home much sooner, that you had a right to. So they deserve to pay.

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