Airline British Airways
Founded in 1974, British Airways is the major national airline of the UK. Based at London Heathrow Airport, it is the third largest airline in Europe, behind Lufthansa and the Air France-KLM group. Like these, it operates domestic, regional, and international flights.
Despite Brexit, this airline continues to maintain regular connections with continental Europe.
This raises the question of which law applies during your flight with this airline. We help you understand it better.
How to get a refund for a British Airways flight?
Generally speaking, a British Airways flight is not refundable. If you cancel your flight, you will only be able to recover the air taxes.
However, the airline does have some exceptions. If you cancel your flight within 24 hours of booking, your ticket is fully refunded, unless your travel is within 24 hours of booking.
If you paid for your ticket with a Visa Premier or Gold Mastercard, you may, under certain conditions, recover the cost of your ticket after reclaiming your air taxes.
If your flight is delayed, cancelled, or overbooked, a refund is possible. This applies under both UK and European law.
Your rights in case of flight disruption with British Airways
Since Brexit, the UK is no longer subject to the European regulation (EC) No. 261/2004. However, UK national law provides an equivalent legal framework, the UK261 regulation, which guarantees you the same rights.
These rights include:
- rerouting in case of cancellation or overbooking
- meals and drinks in case of significant delay (2 hours under UK law)
- overnight accommodation if you have to wait until the next day to depart
The UK261 regulation is clearly aligned with the (EC) No. 261/2004 regulation. With a few minor differences, your rights are essentially the same, regardless of which law applies.
The compensation scheme
The (EC) No. 261/2004 regulation provides the following compensation scheme :
- €250 for a flight of less than 1500 km with a delay of 2 hours or more
- €400 for an extra-community flight of 1500 to 3500 km or a community flight of more than 1500 km with a delay of 3 hours or more
- €600 for an extra-community flight of more than 3500 km with a delay of 4 hours or more
The UK261 regulation is aligned with the same scale. However, it does not consider community flights and triggers the compensation threshold at 3 hours. For flights over 3500 km, it sets the compensation at €300 from 3 hours of delay, then €600 from 4 hours.
Which flights are covered by the (EC) No. 261/2004 regulation?
The (EC) No. 261/2004 regulation applies to:
- any flight departing from an airport within the European Community area (including Norway, Switzerland, and Iceland)
- any flight to the European Community area operated by an airline based in this community area (including Norway, Switzerland, and Iceland)
For British Airways flights to the European Union, UK law applies. If they depart from a European airport, then community law applies.
How to react in case of an airline strike?
Under European and UK law, a strike is considered an exceptional circumstance, which does not entitle you to compensation.
It is considered that the airline cannot foresee this type of incident and is not responsible. This is no longer true when its own staff goes on strike.
If British Airways staff go on strike, it remains their responsibility. This applies under both European and UK law.
In the event of a strike at British Airways, the airline is therefore not exempt from compensating you.
What to do if your British Airways flight is delayed?
If your flight is delayed, and if British Airways is indeed responsible for this delay, you can request compensation.
Depending on whether UK or European law applies, compensation will be due after a more or less significant delay. For short flights, it is from 2 hours under European law, and 3 hours under UK law.
Can you be compensated if your British Airways flight is cancelled?
If your flight is cancelled, it is simply removed. Regardless of the applicable law, British Airways is obliged to rebook you on another flight.
If you have not accepted a refund for your ticket, you remain eligible for compensation.
The amount follows the flat-rate scale defined in the (EC) No. 261/2004 regulation, as well as in the UK261 regulation. Depending on the extent of your delay, your compensation may or may not be reduced:
- from €250 to €125 for a flight of less than 1500 km with less than 2 hours of delay
- from €400 to €200 for an extra-community flight of 1500 to 3500 km or a community flight of more than 1500 km with less than 3 hours of delay
- from €600 to €300 for an extra-community flight of more than 3500 km with less than 4 hours of delay
British Airways overbooked flight: how to react?
Sometimes an airline issues more tickets for a flight than there are seats available on the plane. This is known as overbooking.
If all passengers show up for boarding, some will be denied boarding. This practice is not illegal, but it requires the airline to compensate you if you are affected, and to rebook you as soon as possible.
The compensation scale is the same as for cancelled flights.
What to do in case of a problem with your British Airways flight?
European and UK laws impose an obligation on airlines: to take care of every passenger until they reach their destination.
If your flight encounters an issue, British Airways remains your main point of contact. Do not hesitate to contact the airline to enforce your rights and for any information you may need.
Here are a few things to do:
- ask for the reason for the incident
- request drinks and meals (in case of a delay of more than 2 hours) and reimbursement of your expenses if you have to pay for accommodation
- keep all your travel documents
- do not sign anything that waives your rights
Upon arrival, you can make a claim. European law gives you up to two years to request compensation, and UK law gives you up to three.
Flight disruption with British Airways? Delayed supports you in your claims
While UK law is as protective as European law, it is not always easy to navigate. This is true even if you are clear about your rights.
The process can be long, complicated, and uncertain.
Why not entrust this matter to specialists? Delayed supports you in your claims.
Contact us and recover up to €600 on your flight ticket.