Two flights cancelled, can you claim for both?

skintbutwantstosave

We had a flight booked in May 23rd May to Amsterdam from London City at 7.30pm, at 8.00pm we were informed that our flight was cancelled and BA booked alternative flight to Amsterdam from London Heathrow at 8am the next morning.

We got taxi to Heathrow and was put up in a hotel paid for by BA. We got up next morning at 4am, and had received a text to say that the alternative flight also cancelled.

BA then automatically re-booked us a new flight from London City airport to Rotterdam (not Amsterdam) for 12.45pm. We then had to get another Uber back to London City Airport.  

We have put in a claim on BA website and they have paid for the loss of one nights hotel stay in Utrecht and all other expenses such as additional trains/Ubers etc. BA have only paid £220 per person compo.

I queried this with BA to get a breakdown of the compensation / expenses as they only stated the final amount in the email and said payment would be made in x days. I asked whether they would be paying us any additional compensation for the second flight cancellation. BA said that they have paid what they are legally obliged to do and we are not due any further compensation. I am aware airlines will not apply the legislation correctly to see if they can get away with it particularly with the staffing issue now the UK Supreme Court Ruling states they have to pay. 

My question is, as two flights were cancelled, is this classed as one disruption and therefore only entitled to £220 or is this two separate cancellations and we are due an additional £220 per person and in total this should be £440 per person?

mdann52

What was the reason for the second cancellation, if you were told. On the surface, yes the second flight should be eligible for separate cancellation compensation.

I'm also confused, however, as I can't see any flight cancellations for LHR-AMS on the 24th (but can on the 23rd and 25th) Was this flight operated by another airline, or was it a BA metal flight? If you know the flight number that might help.

skintbutwantstosave

Hi the flight was LHR - AMS 24.05.24 at 07:40 flight number BA436.

I have seen this case law cited which allowed compensation for the first flight which was cancelled and then further compensation for the resecheduled flight which was delayed. A and Others v Finnair Oy, wondering whether this case is accepted in the UK as it is an EU one. 

eskbanker

skintbutwantstosave said:

We have put in a claim on BA website and they have paid for the loss of one nights hotel stay in Utrecht and all other expenses such as additional trains/Ubers etc. BA have only paid £220 per person compo.

The regulations don't oblige them to pay for a 'wasted' prepaid night at your destination, when they were already funding your accommodation in London that night, but they should stump up compensation for both flight cancellations unless either was caused by extraordinary circumstances beyond their control.

skintbutwantstosave

eskbanker said:

skintbutwantstosave said:

We have put in a claim on BA website and they have paid for the loss of one nights hotel stay in Utrecht and all other expenses such as additional trains/Ubers etc. BA have only paid £220 per person compo.

The regulations don't oblige them to pay for a 'wasted' prepaid night at your destination, when they were already funding your accommodation in London that night, but they should stump up compensation for both flight cancellations unless either was caused by extraordinary circumstances beyond their control.

They actually paid all expenses claimed including the loss of hotel stay with proof of receipts submitted with no questions asked, however they have said they wont pay for the second cancelled flight. So I have updated the case notes and quoted the above case law which I found on another thread and said we are entitled to further compensation. 

I havent been provided with any reasons for the cancellations. 

Do you have any other case law or other legislation I can use to back up my arguments?

eskbanker

skintbutwantstosave said:

eskbanker said:

skintbutwantstosave said:

We have put in a claim on BA website and they have paid for the loss of one nights hotel stay in Utrecht and all other expenses such as additional trains/Ubers etc. BA have only paid £220 per person compo.

The regulations don't oblige them to pay for a 'wasted' prepaid night at your destination, when they were already funding your accommodation in London that night, but they should stump up compensation for both flight cancellations unless either was caused by extraordinary circumstances beyond their control.

They actually paid all expenses claimed including the loss of hotel stay with proof of receipts submitted with no questions asked, however they have said they wont pay for the second cancelled flight. So I have updated the case notes and quoted the above case law which I found on another thread and said we are entitled to further compensation. 

Do you have any other case law or other legislation I can use to back up my arguments?

I'm only aware of the same case you cited but have they said why they won't pay for the second cancellation, i.e. are they claiming extraordinary circumstances or objecting on a point of principle and (untenably) lumping both flights together?

I mentioned the unused hotel stay as a reimbursement that you weren't entitled to, in case you wish to consider it as 'some you win, some you lose'....

skintbutwantstosave

I think they are trying to pull a fast one and lumping both flights as one.

BA's response basically told me how they calculated the figure of £220 per person which was that the distance was 1500km and as the delay was more than two hours then you are entitled to £220 compensation and that they have paid the correct amount.

I have gone back and broken down that two flights were cancelled and each flight is a new compensation event in the event of delays and cancellation, also stated the above case law to back up my point. 

Lets see what they come back with. 



 

mdann52

Thanks for clarifying. BA436 on the 24th May was cancelled due to technical issues, so should be in scope for UK261 compensation. 

However, I would consider how much you have been reimbursed for the hotel, and whether it's worth the time fighting for this.

I'm not aware of any case law that covers this exact scenario, A v Finnair Oy applied to a subsequent delay explicitly in it's findings, not a further cancellations, so if BA wished this is one they could well try and fight in courts.

eskbanker

mdann52 said:

I'm not aware of any case law that covers this exact scenario, A v Finnair Oy applied to a subsequent delay explicitly in it's findings, not a further cancellations, so if BA wished this is one they could well try and fight in courts.

While you're right that the scenario there was a delay to the rerouted flight rather than a cancellation, it seems that the fundamental concept of inconvenience examined in the case should be applicable to both (which is how compensation  for delays originated in the first place, via Sturgeon v Condor), so I'd have thought that an airline challenging in that way would be on a hiding to nothing:

On the one hand, it is apparent from recital 2 of Regulation No 261/2004 that the purpose of that regulation is to address the serious trouble and inconvenience caused by denied boarding, cancellation or long delay of flights.

Passengers who have been exposed to cancellations or long delays, such as those at issue in the main proceedings, have suffered that inconvenience, both in relation to the cancellation of their initially booked flight and subsequently as a result of the long delay of their re-routing flight. Therefore, it is in line with the objective of addressing that serious inconvenience to grant those passengers a right to compensation for each of those successive inconveniences.

mdann52

I'm not in disagreement, especially given the recent direction in Lipton from the Supreme Court.... But it's worth noting the case isn't exactly parallel, as BA certainly will if it's brought up at CEDR and they decide to defend