The BA Compensation Thread: Your guide to Regulation 261/2004
#1336
Join Date: Jan 2007
Posts: 4,705
And my 3rd this year from "Teflon" customer services
Thank you for contacting us.
I have checked the details of your flight and can confirm that BA1498 on 11 August 2014 was delayed for 127 minutes. I have included the details below for your reference:
Flight BA1498 from London Heathrow to Glasgow.
Scheduled departure date and time: 11 August 2014 20.05 GMT
Actual departure date and time: 11 August 2014 21.44 GMT
Scheduled arrival date and time: 11 August 2014 21.20 GMT
Actual arrival date and time: 11 August 2014 23.27 GMT
Total delay: 127 minutes
Since your flight was not delayed in arriving by 3 hours or more your claim for compensation under EU Regulation 261/2004 has been refused.
A 3hr delay tolerance on a 1hr 15 flight, how can this be just. I can drive half way in that time!
I arrived 00:27 (local) and found no staff to offer "duty of care"
Thank you for contacting us.
I have checked the details of your flight and can confirm that BA1498 on 11 August 2014 was delayed for 127 minutes. I have included the details below for your reference:
Flight BA1498 from London Heathrow to Glasgow.
Scheduled departure date and time: 11 August 2014 20.05 GMT
Actual departure date and time: 11 August 2014 21.44 GMT
Scheduled arrival date and time: 11 August 2014 21.20 GMT
Actual arrival date and time: 11 August 2014 23.27 GMT
Total delay: 127 minutes
Since your flight was not delayed in arriving by 3 hours or more your claim for compensation under EU Regulation 261/2004 has been refused.
A 3hr delay tolerance on a 1hr 15 flight, how can this be just. I can drive half way in that time!
I arrived 00:27 (local) and found no staff to offer "duty of care"
http://www.moneysavingexpert.com/tra...elays#entitled
#1337
Join Date: Mar 2009
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I would also like to see it extended to any through ticket issued in the EU where a journey is interrupted at the mid point / transit point and onward on the same airline that flew you out of the EU.
#1338
Join Date: May 2009
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I think you want to have a look at post number 832.
There is no point talking to Customer Relations on this; BA seems to think that everything is extraordinary .... unless the customer takes it far enough to claim via moneyclaim
Go to moneyclaim, issue the claim against the airline and within 30 days I would be surprised if you do not have a response from BA indicating that it will pay up
Go to moneyclaim, issue the claim against the airline and within 30 days I would be surprised if you do not have a response from BA indicating that it will pay up
I will first try the approach followed in this post (http://www.flyertalk.com/forum/23021874-post832.html) and see how they respond. If no luck, will give the MoneyClaim thingy a go.
Thanks again and will keep you posted!^
#1339
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deleted
Last edited by ComputerCommuter; Sep 24, 2014 at 6:41 am Reason: deleted
#1340
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
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This hasn't changed. It has been 3 hours (4 hour for full compensation on long sectors, depending on circumstances) for many years now, before that it was potentially an infinite delay and no compensation. The 2 hour rule applies in the case of re-routes on short sectors, again no change there. See the first few posts in this thread for more details. BA have been known to pay compensation for 2 to 3 hour delays on short sectors, but that wasn't required by the regulations. If your delay was under 3 hours then you best go down the customer service recovery route rather than EU261.
#1341
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There is provision in 261/2004 with delays of over 2 hours in relation to "Duty of Care" - but that's it.
This means a PAX so delayed should be provided with food, drinks, communications etc.
This means a PAX so delayed should be provided with food, drinks, communications etc.
#1342
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Thems the rules.....indeed but this is also why the regulation needs to be toughened.
I would also like to see it extended to any through ticket issued in the EU where a journey is interrupted at the mid point / transit point and onward on the same airline that flew you out of the EU.
I would also like to see it extended to any through ticket issued in the EU where a journey is interrupted at the mid point / transit point and onward on the same airline that flew you out of the EU.
#1343
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Thing is, since the regulation never intended to provide compensation for delays (the concept was brought in by judges stretching an interpretation to breaking point) the likelihood is that the current review of the regulation will result in the thresholds for compensation being lengthend rather than tightened.
Last edited by serfty; Sep 25, 2014 at 4:21 pm
#1344
Join Date: Dec 2012
Location: Chelmsford
Programs: BA Blue
Posts: 74
Stupid quick question, but does the within 14 days notice apply to all part of EU261, or just cancellations etc? Ie, flight booked in F, BA change schedules months in advance to change to 3 class only and therefore tickets changed to CW. Am I correct in thinking that since this is not only more than 14 days prior, in fact more than 11 months it's just the way the cookie crumbles and therefore no claim could be made for a downgrade?
#1345
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Join Date: Jan 2002
Posts: 44,548
Stupid quick question, but does the within 14 days notice apply to all part of EU261, or just cancellations etc? Ie, flight booked in F, BA change schedules months in advance to change to 3 class only and therefore tickets changed to CW. Am I correct in thinking that since this is not only more than 14 days prior, in fact more than 11 months it's just the way the cookie crumbles and therefore no claim could be made for a downgrade?
If BA just leaves the passenger downgraded, then compensation is due regardless of notice period
If BA rebooks the passenger onto another flight where the cabin is offered, then delay compensation payable ( subject to notice periods )
#1346
Join Date: Dec 2012
Location: Chelmsford
Programs: BA Blue
Posts: 74
There is no notice period for which a downgrade can be made without penalty in the regulations. The 14 days notice only applies to delays/cancellations
If BA just leaves the passenger downgraded, then compensation is due regardless of notice period
If BA rebooks the passenger onto another flight where the cabin is offered, then delay compensation payable ( subject to notice periods )
If BA just leaves the passenger downgraded, then compensation is due regardless of notice period
If BA rebooks the passenger onto another flight where the cabin is offered, then delay compensation payable ( subject to notice periods )
Edit: do I need to wait til I've flown in August 2015 to actually make the claim though?
Last edited by Grandad81; Sep 28, 2014 at 2:37 pm Reason: Added question
#1347
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Join Date: Jan 2002
Posts: 44,548
You are only entitled to the compensation if the airline flies you in a cabin lower than that for which you are ticketed.
With you discussing it with BA and taking a rebooking, you are now voluntarily ticketed in the lower cabin , so no compensation will be due
If you had done nothing and waited until august 2015 , then you would have been in a position to claim
With you discussing it with BA and taking a rebooking, you are now voluntarily ticketed in the lower cabin , so no compensation will be due
If you had done nothing and waited until august 2015 , then you would have been in a position to claim
#1348
Join Date: Dec 2012
Location: Chelmsford
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Posts: 74
But I had already been reticketed by them without my consent, the booking reference etc hasn't changed, I only contacted them to ask why this happened, and they told me the difference in avios would then be refunded.
#1349
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Join Date: Jan 2002
Posts: 44,548
Originally Posted by eu261
Article 10
.
.
2. If an operating air carrier places a passenger in a class
lower than that for which the ticket was purchased, it shall
within seven days, by the means provided for in Article 7(3),
reimburse
(a) 30 % of the price of the ticket for all flights of 1 500 kilometres or less, or
(b) 50 % of the price of the ticket for all intra-Community flights of more than 1 500 kilometres, except flights between the European territory of the Member States and the French overseas departments, and for all other flights between 1 500 and 3 500 kilometres, or
(c) 75 % of the price of the ticket for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French overseas departments.
.
.
2. If an operating air carrier places a passenger in a class
lower than that for which the ticket was purchased, it shall
within seven days, by the means provided for in Article 7(3),
reimburse
(a) 30 % of the price of the ticket for all flights of 1 500 kilometres or less, or
(b) 50 % of the price of the ticket for all intra-Community flights of more than 1 500 kilometres, except flights between the European territory of the Member States and the French overseas departments, and for all other flights between 1 500 and 3 500 kilometres, or
(c) 75 % of the price of the ticket for all flights not falling under (a) or (b), including flights between the European territory of the Member States and the French overseas departments.
#1350
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The passenger did not ask to be downgraded. The airline downgraded him. We might perhaps be in a different situation if the airline had offered rerouting in F and the passenger declined it and insisted on another flight in CW (and even then we would need to look at it in more detail) but this is not the situation here.
If that was not enough, the regulation also stipulates that the airline must inform the passenger of his rights and "if the passenger is not correctly informed of his rights and for that reason has accepted compensation which is inferior to that provided for in this Regulation, the passenger shall still be entitled to take the necessary proceedings before the competent courts or bodies in order to obtain additional compensation."
As I doubt that the BA agent indicated to the passenger that he was entitled to a 75% reimbursement, this would be an additional ground for the passenger to be allowed to claim the difference.