No assistance from airlines to return home after cancellation (due to COVID19), can I get compensated under EC 261?
score:6
So after some research, I found out the answer to this questions. As suspected, a passenger is entitled a refund in this situation.
In article 8 of EC261/2008, it is stated that "the passenger shall be offered the choice between a reimburs*m*nt within seven days or rerouting". Hence, in this case, BA should have offered rerouting or refund, which they did not. Note that they had to offer the choice. It did not say they can offer a refund (retrospectively) and wash their hands of the issue.
This is stated explicitly in the European Commission Interpretative Guidelines, which can be found in here. Specifically, in section 4.2, it is stated that
"Where the air carrier does not offer the choice between reimburs*m*nt and re-routing and, in the case of connecting flights, reimburs*m*nt and a return flight to the airport of departure and re-routing, but decides unilaterally to reimburse the passenger, he or she is entitled to a further reimburs*m*nt of the price difference with the new ticket under comparable transport conditions."
so I think this is as clear as it can get. In my case, BA has repeatedly refused to play ball. I am writing them a letter of intended prosecution. If they still refuse refund, i will be taking them to court.
More post
- 📝 I have a US B-1 visa and am planning to transit via Seattle to go to India from Canada
- 📝 sturdy, metallic chess clock as carry-on baggage
- 📝 Visa run to Malaysia from Thailand
- 📝 Renting a car in London (young drivers)
- 📝 Is a visa to Poland required for a Russian spouse of a Polish citizen?
- 📝 Can I use Nintendo 3DS in a flight operated by China Eastern?
- 📝 Rented a 9 seater Mercedes-Benz GL but: 'There is no such car'
- 📝 Dutch Schengen Visa
- 📝 Schengen Visa Valid on arrival in Schengen State and not while boarding flight
- 📝 Leaving Singapore the day after visa period ends
- 📝 Travel to India from UAE, passsport expires in Jan 2017
- 📝 Is there any accommodation under CAD 50 accessible by bus on Gaspé Peninsula end?
- 📝 Airport transit visa for Lisbon
- 📝 Entering US via car/land border on 90 day ESTA, exiting after 90 days via air/plane, re-entering via land to begin another 90 days
- 📝 Should an American traveling to China book flights and accommodation before getting a visa?
- 📝 UK visa upload process: forgot to upload support letter
- 📝 How much cash to take to Tenerife all-inclusive for a week?
- 📝 Chinese visa in Hong Kong without hotel bookings and return flight?
- 📝 Is Qatar Airways' hand baggage size strictly enforced?
- 📝 Getting from Mumbai to Hospet
- 📝 Using a chipped german ID card (Personalausweis) at e-passport-gates in the UK
- 📝 Something to do in or around Colmar in France
- 📝 Does some US agency keep track of one's domestic (= within the US) travels by plane, and if so, can one get a copy of it?
- 📝 Could you please help me to identify the location?
- 📝 How to pack for traveling by airplane with windsurfing gear?
- 📝 Transfer in DXB airport from Terminal 2 to Terminal 1 on different airlines
- 📝 Should I book in advance cooking course in Thailand?
- 📝 If I purchase a ticket with an age condition, at which point should the condition be satisfied?
- 📝 Indian Citizen applying for Australian Visitor Visa from USA
- 📝 Quietest bath & times in budapest
Source: stackoverflow.com
Search Posts
Related post
- 📝 No assistance from airlines to return home after cancellation (due to COVID19), can I get compensated under EC 261?
- 📝 Banned from the US for five years due to history of prostitution in my home country, what are my options?
- 📝 I was supposed to return from England to India. After taking my boarding pass, I lost my passport. What should I do?
- 📝 Can I leave and return to Singapore using a short-term visit pass after cancellation of employment pass?
- 📝 Bulgarian passport expires two months after return date, will I have a problem traveling from US through Germany to Bulgaria?
- 📝 Travel to USA from another country and return to home country on a Business Visa B1
- 📝 Letter from Home Office after tourist visa refusal review
- 📝 Can I return to Australia after serving an entry ban due to a prior overstay?
- 📝 Travelled to Canada via US (on a return ticket) but returned home on original return flight from Canada is this OK?
- 📝 How soon can I return to the US from the UK on an ESTA after abandoning the K1 visa?
- 📝 How to prove that I will return home after a Schengen visa (I am a minor)
- 📝 Apply for F1 from home country after B1 extension
- 📝 Do I require a UK transit visa when travelling home from the US more than 6 months after last entering the US?
- 📝 US VWP: can I fly into the US and return home from Costa Rica?
- 📝 Booking two separate return flights home from the United States?
- 📝 Return to my home country after visa expires, but leaving foreign country in time. OK?
- 📝 Outward and return flights booked on different (low-cost) airlines through online agency - Passenger rights in case of outward flight cancellation
- 📝 Connecting Jet airways flight Mumbai to Jaipur, after flying in from Frankfurt. What would be the luggage allowance?
- 📝 Is it possible to reset the VWP time counter by visiting a third country after entering Canada from the US?
- 📝 Can I accrue miles from award ticket awarded from another airlines
- 📝 Why are some airlines omitted from GDS listings?
- 📝 My friend lost her HKSAR passport, how can she return to HK from Chile, via the US or transiting elsewhere?
- 📝 Do I need to go through security at Newark airport after flying in from NC before boarding international flight to Ireland?
- 📝 Why was I asked to provide proof of travel AFTER returning from Schengen area?
- 📝 Am I eligible for compensation if the flight was cancelled due to bad weather and I got rerouted from Europe?
- 📝 Visa application Return shipping from UKVI scanning hub, New York
- 📝 Don't use first flight, but use return flight (both flights on same ticket) -- on which airlines and under which circumstances is this possible?
- 📝 Air Serbia denied return flight after not taking outbound one
- 📝 Can I get married in the UK on a Marriage visitor visa then return home and apply for a Spouse visa?
- 📝 EU 261 - Flight Compensation - Declined due to delays from previous flights
