FlyerTalk Forums - View Single Post - The BA Compensation Thread: Your guide to Regulation 261/2004 [2013 archive]
Old Jan 21, 2013, 7:40 pm
  #100  
seawolf
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Join Date: May 1998
Location: NYC
Programs: AA 2MM, Bonvoy LTT, Hilton Diamond
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Flight expect arrival and actual arrival falls between threshold

Thanks to corporate-wage-slave for starting this thread.

Sorry to cross post but the more research I conduct on 261/2004, the more confused I get especially about 11.) in post 1 and the contents of post 13.

Looking for some advice on what my rights are. At first I'm thinking just a refund of Avios due to downgrade but now I'm not sure if she is due a delay compensation as well.

1.) Spouse's employer paid (or will pay after her expenses are processed) for JFK-LHR R/T in CW.
2.) She used her Avios to upgrade JFK-LHR to F.
3.) Was informed at check-in at JFK her flight (JAN 21 BA114) delay by 3 to 4 hours. Inbound equipment delay. (This is probably due to snow/de-icing issue at LHR).
4.) Rebooked on earlier flight in CW (BA172). She ultimately arrived 40 minutes prior to her original scheduled arrival time but in CW.
6.) Her original flight BA114 eventually arrived 2h47m behind schedule but at one point when she was at JFK, the expected arrival delay for BA114 was between 3 to 4 hours.

After reading this thread’s post 1 and 13, I’m a bit confused.

According to 261/2004 her original flight delay was expected to between 3 to 4 hours so no Article 7 compensation due to Article 6 requiring a 4 hour delay. However according to Sturgeon, a 3+ hour delay entitles her to Article 7 compensation.

According to Article 7, when rerouted and passenger arrives below 4 hours, compensation may be reduced by 50%.

Am I interpreting correctly that JFK-LHR with a 3+ hour expected delay entitles Article 7 compensation even if the original flight’s ultimate arrival time is under 3 hours?

Am I interpreting correctly that since my spouse was rerouted and actually arrived earlier than her original scheduled departure, she is still entitled to 50% compensation?

Am I interpreting correctly she is also covered by the downgrade regulations?

Thanks.
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