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.
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