FlyerTalk Forums - View Single Post - The 2024 BA compensation thread: Your guide to Regulation EC261 / UK261
Old Apr 23, 2024 | 7:53 am
  #752  
kingcole974
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Today I had my adjudication from CEDR. We was awarded £520 compensation for each of the 7 passengers. This was in addition to £93 downgrade compensation already paid by BA.

A brief outline of our case....

On the 20th September 2023 we were due to fly DUB LHR BNA. The weather at LHR was windy and the airport had imposed an incoming flow restriction. Our LHR to BNA was cancelled.

Our initial flight from DUB was due to depart around 10am but we were routed onto a EI flight that departed at 0630 to connect with an AA flight to JFK at 1030, then onward to BNA with AA. Both the EI flight and the JFK-BNA flight were downgraded to economy.

At the time, some helpful posts on last years thread and info from flight aware and FR24 showed how our aircraft that had been assigned to fly LHR to BNA was de assigned and didn't fly for a further 3 days. Also, as the weather restrictions in place at LHR only applied to the incoming flow rate, it was odd that a long haul outbound fight that would not return for 24h should be affected.

My complaint focussed on the fact that we had our initial flight moved forward by more than an hour without sufficient notice. BA declined my claim, citing weather, but agreed to pay £94 per pax, which was 30% of the costs allocated to both the DUB-LHR and JFK-BNA flights.

I believed that in addition to £520 each for UK/EU261 compensation, we were entitled to a 75% refund of the pro rata downgrade on the affected sectors, rather than 30% as the journey was over 3500KM.

After deadlock from BA in December, CEDR confirmed they would take on the case. just before BA's deadline to respond in February, they asked for an extension and was granted another week by CEDR. Their response offered no evidence, but did say that they don't usually offer compensation for weather delays, but in this case would offer us £260 each. They maintained their payment of downgrade compensation was correct.

With their offer of £260, BA referred, oddly to the text that states compensation is halved if the delay is under 4 but over 3 hours. This was a pointless referral as I wasn't claiming compensation for being late (we actually arrived early) but for an early departure. I do remember someone of the 2023 thread warning me that BA may try this.

We declined and awaited the CEDR adjudication. Today that arrived with instructions to pay the full £520 compensation but no more for the downgrade, which they deemed had correctly been calculated.

I have accepted. I hope this is useful for anyone is a similar situation.
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