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Cancelled Flight

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corry64250
corry64250 Posts: 1 Newbie
edited 19 May at 4:56PM in Coronavirus Board
Hi everyone, we have a honeymoon holiday coming up and British Airways have cancelled our going home flight and rebooked us onto a new flight a day later, but now are saying we’re liable to pay for the extra night in the hotel even though they cancelled the flight. Is this correct? Could we claim this back off the holiday insurance?
Thanks in advance

Comments

  • eskbanker
    eskbanker Posts: 37,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Is this a package holiday booking or flights and accommodation booked separately?
  • mattyprice4004
    mattyprice4004 Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If it was flight only, as long as BA gave the option of a refund of the flights and you chose to rebook instead I don't believe they're liable for the cost. 
    If the cancellation was within 14 days you have more rights, but I'm assuming it's further away than that. 
  • eskbanker
    eskbanker Posts: 37,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    If it was flight only, as long as BA gave the option of a refund of the flights and you chose to rebook instead I don't believe they're liable for the cost. 
    If the cancellation was within 14 days you have more rights, but I'm assuming it's further away than that. 
    That's not how I read it - cancelling a flight more than 14 days ahead removes their obligation to pay compensation, but at any time they still retain the liability for additional accommodation costs if the rearranged flight is the following day.  The rights granted under the EU's EC 261/2004 have been carried over into UK law with minor adjustments (but nothing that affects this scenario), so responsibility for funding additional accommodation is covered by Articles 5 and 9:

    Article 5

    1. In case of cancellation of a flight, the passengers concerned shall:

    (a) be offered assistance by the operating air carrier in accordance with Article 8; and

    (b) be offered assistance by the operating air carrier in accordance with Article 9(1)(a) and 9(2), as well as, in event of re-routing when the reasonably expected time of departure of the new flight is at least the day after the departure as it was planned for the cancelled flight, the assistance specified in Article 9(1)(b) and 9(1)(c); and [...]


    Article 9

    1. Where reference is made to this Article, passengers shall be offered free of charge:

    (a) meals and refreshments in a reasonable relation to the waiting time;

    (b) hotel accommodation in cases

    • where a stay of one or more nights becomes necessary, or

    • where a stay additional to that intended by the passenger becomes necessary;

    (c) transport between the airport and place of accommodation (hotel or other).

    https://www.legislation.gov.uk/eur/2004/261/contents
    https://www.legislation.gov.uk/uksi/2019/278/regulation/8/made
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