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The 2015 BA compensation thread: Your guide to Regulation 261/2004

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The 2015 BA compensation thread: Your guide to Regulation 261/2004

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Old Jan 16, 2015, 4:17 am
  #61  
 
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On Jan 02 my plane from PHL to LHR (BA2328 code share US728) was delay by 2 hours and i missed my BA connection in LHR. So i arrived home with more than three hours.
Can i ask for a compensation? And to who?
An other question (more general) I have bought the ticket from BA but the flight was operating by US . If the flight is more than three hours late to who i have to ask a compensation to BA or to US the operating company .And then can i ask BA a compensation for the missed connection ?
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Old Jan 16, 2015, 4:26 am
  #62  
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Originally Posted by FromGVA
On Jan 02 my plane from PHL to LHR (BA2328 code share US728) was delay by 2 hours and i missed my BA connection in LHR. So i arrived home with more than three hours.
Can i ask for a compensation? And to who?
An other question (more general) I have bought the ticket from BA but the flight was operating by US . If the flight is more than three hours late to who i have to ask a compensation to BA or to US the operating company .And then can i ask BA a compensation for the missed connection ?
What was the reason for the delay?
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Old Jan 16, 2015, 4:31 am
  #63  
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Welcome FromGVA

Originally Posted by FromGVA
On Jan 02 my plane from PHL to LHR (BA2328 code share US728) was delay by 2 hours and i missed my BA connection in LHR. So i arrived home with more than three hours.
Can i ask for a compensation? And to who?
An other question (more general) I have bought the ticket from BA but the flight was operating by US . If the flight is more than three hours late to who i have to ask a compensation to BA or to US the operating company .And then can i ask BA a compensation for the missed connection ?
Welcome to Flyertalk, FromGVA, welcome to the BA Board, and I hope you will make good use of this resource, which is so much more than just this thread. Welcome on board and I hope we will see more from you.

The operating company is US, I presume BA would have transported you on to GVA if US had been on time, so I think US are to be regarded as operators throughout. US are not Community carrier, nor did the trip start in the European Union (plus connected territories), therefore I think you are out of luck as far as the regulations are concerned. It's worth bearing in mind that if you do fly with non Community carriers that this is a risk, you lose the protection of the EU in this area. I don't know if this applies but it may be a case of getting what you pay for. You would have been protected if this had happened on a US service leaving the EU.

You can ask US for customer service remediation.
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Old Jan 16, 2015, 4:31 am
  #64  
 
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The plane was late at the gate and no more information was made.
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Old Jan 16, 2015, 4:36 am
  #65  
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Originally Posted by FromGVA
The plane was late at the gate and no more information was made.
Unfortunately it doesn't matter what the cause of the delay was, the flight is not covered under the regulation

US728 from PHL-LHR is not operated by a Community Carrier and so it outside the scope
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Old Jan 16, 2015, 5:08 am
  #66  
 
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Thank you for your answers.
So for compensation we have to look for the operating carrier and not the carrier who sells the ticket? Am i correct?
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Old Jan 16, 2015, 5:20 am
  #67  
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Originally Posted by FromGVA
Thank you for your answers.
So for compensation we have to look for the operating carrier and not the carrier who sells the ticket? Am i correct?
Yes.
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Old Jan 16, 2015, 5:26 am
  #68  
 
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Thank you
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Old Jan 16, 2015, 5:36 am
  #69  
 
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Me again
With the delay of the US flight i missed my connexion. BA put me in the next available plane and i arrived with an 9 hours delay. Any compensation?
All the US carrier are registered in EU , so are not they EU carrier ?
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Old Jan 16, 2015, 5:40 am
  #70  
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Originally Posted by FromGVA
All the US carrier are registered in EU , so are not they EU carrier ?
No, they are not. They are licensed in the US, not the EU.
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Old Jan 16, 2015, 5:41 am
  #71  
 
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Originally Posted by FromGVA
Me again
With the delay of the US flight i missed my connexion. BA put me in the next available plane and i arrived with an 9 hours delay. Any compensation?
All the US carrier are registered in EU , so are not they EU carrier ?
They may have an address for correspondence in the EU but they are certainly not EU carriers so are only forced to comply with the regulations for flights departing from the EU
BA are not responsible as you failed to turn up at the gate to board your flight which then departed without you (not your fault)
Maybe try your travel insurance and see if they cover anything for delays but often these are £20 per 12 hours etc
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Old Jan 16, 2015, 5:43 am
  #72  
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Originally Posted by FromGVA
Me again
With the delay of the US flight i missed my connexion. BA put me in the next available plane and i arrived with an 9 hours delay. Any compensation?
All the US carrier are registered in EU , so are not they EU carrier ?
No compensation. Sorry if my answer wasn't clear earlier, but if you had arrived in LHR on time you would have presumably left LHR on time too. BA are only responsible for delays under their direct control, and are not responsible for delays caused by another airline. The operating carrier is US, if that was a Community Carrier then that is who you chase. However US, AA and related airlines may or may not be registered in the EU, but they are NOT Community Carriers as far as the Regulations are concerned. The airline needs its Operating Licence to be with a member state such as the UK, however the Operating License for US Airways is with the government of the USA.

So to be 100% clear: no compensation from the EU Regulations from US Airways. No compensation from BA either, unless they did something to cause that delay which hasn't so far been mentioned. This is a well known feature of flying with American as opposed to European airlines.
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Old Jan 16, 2015, 6:44 am
  #73  
 
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Thank you now it is very clear for me.
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Old Jan 16, 2015, 7:16 am
  #74  
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Deleted...I've just found what I was looking for...a BA e-form snafu...
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Old Jan 17, 2015, 4:56 am
  #75  
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What is our collective wisdom on BA's reply to this claim, submitted yesterday:

BA983 TXL-LHR (arr 1500) on 14 Jan was cancelled and I was rebooked on BA985 (arr 1720), same day. I was informed of this at 2130 on 13 Jan. BA985 didn't work for me as I had a call at 1700 so I opted for BA987 later that evening.

I submitted a claim for €250 yesterday (on the basis of a cancellation with a rebooking on BA985 getting me to LHR more than two hours late). I've just been informed that the claim has been refused because the cancellation was for weather reasons.

Here is my question: How valid is a 'weather' claim at 2130 (actually 2030 UK) for the following day (since the inbound aircraft BA982 would have left LHR after 1000 the next morning). Is this overly cautious posturing to specifically deny the claim?
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