The 2015 BA compensation thread: Your guide to Regulation 261/2004
Aug 2, 2015, 1:51 am
#946
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The hotel bill will be a regret, I fear, particularly if you do get the EC261 payment, they don't take on consequential or derived expenditure. They may have paid a taxi fare however, but that's outwith EC261 too.
Aug 2, 2015, 1:57 am
#947
Join Date: Oct 2014
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Thanks C-W-S
So I should just make a claim for €300 rather than send them the hotel bill? It works out virtually the same anyway
Also - is it better to go through youfirst on this or normal customer services?
So I should just make a claim for €300 rather than send them the hotel bill? It works out virtually the same anyway
Also - is it better to go through youfirst on this or normal customer services?
Aug 2, 2015, 1:59 am
#948
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Follow the instructions at the top of the thread, we know that works! There is a specific department that handles these claims. I don't think you need to specify the amount, just say you are claiming it. If that fails then I guess you could go to Customer Relations thereafter.
Aug 2, 2015, 3:31 am
#949
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Incidentally, you might (with a strong insistence on the conditional tense here) have a legal claim for reimbursement of hotel expenses not under Reg 261/2004 but under the MOntreal Convention. However, I would leave investigating this as a last resort.
Aug 2, 2015, 3:38 am
#950
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I was meant to picked up by a friend but due to the delay they ended ended up booking me into the Crowne Plaza at LAX as it would have been too late for them to have picked me up, gone back to their place then take me back to the airport for an onward flight the next day
If so, I could see an argument that there was no delay to arrival at the final destination (you just had less time between flights) and there was no additional overnights incurred as a result of the delay
If the ticket ended in LAX (with a separate ticket for the next day) it should be much simpler
Aug 4, 2015, 3:26 pm
#951
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My understanding from this thread (and BA.com) is that I'm entitled to compensation because the reroute departed more than an hour before the original flight. Assuming I have a case, what is the best way to escalate with BA?
Aug 4, 2015, 3:39 pm
#952
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I think your issue is that BA got you there before your original arrival time, there was no delay for you. What are you reading that states compensation is payable when a re routed flights leaves before? You still need to meet the criteria of a delay on arrival as well.
Last edited by Jase76; Aug 4, 2015 at 3:44 pm
Aug 4, 2015, 3:48 pm
#953
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I agree, so long as the reason for the cancellation was not extraordinary circumstances. Ask them to review the case again (they seem to be processing claims very quickly now) and in particular in respect of Article 5.1.c.iii. There is a clear "and" statement towards the end, and BA's reading would require an "or" statement, which isn't there. I would invite them to review this in case there is a misunderstanding. If they refuse again then MCOL it is.
Aug 4, 2015, 3:52 pm
#954
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http://eur-lex.europa.eu/legal-conte...4R0261&from=EN
Last edited by serfty; Aug 4, 2015 at 3:55 pm Reason: As per C/W/S's post ...
Aug 4, 2015, 3:56 pm
#955
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Please read Article 5, paying particular attention to paragraph 5.1(c)(iii).
http://eur-lex.europa.eu/legal-conte...4R0261&from=EN
http://eur-lex.europa.eu/legal-conte...4R0261&from=EN
Aug 8, 2015, 7:22 am
#957
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Just want to check the current situation with respect to delays (not involving re-routings or as precursor to a cancellation).
A delay of less than three hours on a flight less than 1,500km receives nothing in EC/261 compensation, correct?
A delay of less than three hours on a flight less than 1,500km receives nothing in EC/261 compensation, correct?
Aug 8, 2015, 7:25 am
#958
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Correct, if no re-routings or cancellations are in the frame. Distance is immaterial, bog standard delays under 3 hours get nowt.
Aug 8, 2015, 7:30 am
#959
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Irritating, having sat through two 2:45s this week.
Thanks though!
Thanks though!
Aug 8, 2015, 11:27 am
#960
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This looks like a cancellation to me, if you booked into service BAnnn and BAnnn did not operate at all. So assuming you were given less than a week's notice, BA have to pay compensation if they were more than 2 hours late into CDG. The time is based on doors open, incidentally. Compensation is not payable if there are extraordinary circumstances (weather and ATC being the two biggest constraints here).
If compensation is payable I personally think that's a €600 base line, based on the "distance is final destination" clause, but don't be surprised if BA will argue it is just the Paris sector, which is €250. However in this case, if we take the longer distance as the base line, then it's reduced by half since they got you to Paris under 4 hours late. So that's €300, and therefore the gap between the two arguments is relatively modest.
If compensation is payable I personally think that's a €600 base line, based on the "distance is final destination" clause, but don't be surprised if BA will argue it is just the Paris sector, which is €250. However in this case, if we take the longer distance as the base line, then it's reduced by half since they got you to Paris under 4 hours late. So that's €300, and therefore the gap between the two arguments is relatively modest.