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The BA Compensation Thread: Your guide to Regulation 261/2004 [2013 archive]

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The BA Compensation Thread: Your guide to Regulation 261/2004 [2013 archive]

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Old Jul 5, 2013, 12:07 pm
  #751  
 
Join Date: May 2013
Posts: 1
Compensation - A little hope for travellers

I thought I would post this as I received an offer of compensation thanks to your guidance and a friend who pointed out this website.

The details of my correspondence a below:

Email sent 7 May 2013
My flight for myself, my wife and my infant son was delayed by 5 hours from Baku to London.
Because of the late arrival our flight was re-routed to Gatwick, where a bus was supplied to Heathrow.
Because of the delay I decided to stay overnight at a Hotel in Gatwick and re-arrange my car hire because although Heathrow has 24 hour car hire from Avis whom I was pre-booked with, it would have been dangerous to drive.

Consequently I would like to claim compensation for myself, my wife and my infant son for delays of more than 4 hours on flights over 3500km, in accordance with EU regulations on compensation for delayed flights

Regards

Alan Stott

Emeail sent 10th May 2013-05-10

11020402

On the 7th May 2013 I emailed you regarding compensation for a flight and requesting a reply.
to date I have received none.
I have also tried using the on-line web site but this automatically rejected my claim, I assume on the grounds of Unexpected Technical Problems. Now I know the flight was delayed for technical reasons but the EU law on this states that extra ordinary technical problems such as act of terrorism or recall by aircraft manufacturer make a claim non eligible, not just unexpected technical problems.
Most technical problems do not fall under this category as your duty of care includes proper maintenance of your aircraft.
Therefore I would like to continue with my claim for compensation or receive a written reply explaining the exact reasons why you deem a claim for compensation not applicable.
Without prejudice and best regards

Alan Stott

Sent 27th June 2013

On 10 May 2013 I sent a request to you for compensation for flight delayed by 5 hours for myself, my wife and baby, via this website and received an automated reply saying you would reply. To date I have had no reply from you and would ask why you have not replied and once again ask for compensation. As you can see I am a very patient person but failure to reply to this correspondence will result in litigation.


Reply received 2nd July 2013

Dear Mr Stott
Thank you for contacting us about your claim for compensation.
Following a recent decision made by the European Court of Justice, you are entitled to compensation for the delay of your flight BA0144 on 23 April 2013. The distance of your disrupted flight, as calculated in accordance with EU legislation, was over 3500km. Based on this, you are entitled to €600 in compensation.
As there are two passengers included in your claim, the total compensation due is €1200.
The fastest and most secure way to settle your claim is by bank transfer, and I will be happy to arrange this for you. In order to arrange a transfer, I need the following information:
• Your contact telephone number
• Bank name in full
• Bank branch name
• Bank account number. Also known as an IBAN number, this will be AZ followed by 2 numbers, 4 letters then finally 20 numbers or letters.
You can email your information to us by using the blue link below, or send a fax to 0044 1787 883 195. You are welcome to send more than one document if you are concerned about providing all your information at the same time. Please remember to include your Customer Relations reference number if you decide to send your information by fax.
I look forward to your reply.
tape54 is offline  
Old Jul 5, 2013, 12:13 pm
  #752  
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Join Date: Jan 2002
Posts: 44,600
Originally Posted by WILLOGS

Communication is all about talking to people in the correct manner and explaining correctly what is being queried , not giving us " the highway or no way " .
We return to UK on BA0010 @ 00-20 Sat July 13th .
In the end, there is no EU compensation regarding quality of service of airline staff and that aspect is irrelevent to the compensation due

Put in the claim for the EUR600 per person plus cost of accommodation and incidentals ( such as meals/non alcoholic drinks and taxi to/from hotel ) and you should receive it
Dave Noble is offline  
Old Jul 8, 2013, 1:57 pm
  #753  
 
Join Date: Jul 2013
Posts: 2
Advised of delay 2 days before flight, compensation?

Flying BA2036 from Orlando to Glasgow via LGW. I was advised 2 days before depart that The flight was now delayed 4 hours this meant missing my connection to Glasgow. I was offered another flight to Glasgow but this would require a 12 hr wait at LGW which was not acceptable to me and my family. I was then offered an alternative flight from Heathrow which meant a transfer from LGW to LHR. I accepted this alternative and ended up with an overall delay on arrival at Glasgow of 6 hrs.
On arrival at check in at Orlando I was told the delay was due to maintenance.
Is compensation payable when I was advised of a delay 2 days before departure.
Thanks
Spyro1964 is offline  
Old Jul 8, 2013, 2:06 pm
  #754  
 
Join Date: Feb 2009
Programs: HH Diamond, BAEC
Posts: 1,341
Originally Posted by Spyro1964
Flying BA2036 from Orlando to Glasgow via LGW. I was advised 2 days before depart that The flight was now delayed 4 hours this meant missing my connection to Glasgow. I was offered another flight to Glasgow but this would require a 12 hr wait at LGW which was not acceptable to me and my family. I was then offered an alternative flight from Heathrow which meant a transfer from LGW to LHR. I accepted this alternative and ended up with an overall delay on arrival at Glasgow of 6 hrs.
On arrival at check in at Orlando I was told the delay was due to maintenance.
Is compensation payable when I was advised of a delay 2 days before departure.
Thanks
Yes, I've read a lot about EU261 since my delay a couple of weeks ago and you would get compo, 2 days falls into the category where you are entitled to compo. Not sure how much you'd get though, how late was your arrival into LGW?
pineapple_09 is offline  
Old Jul 8, 2013, 2:33 pm
  #755  
 
Join Date: Jul 2013
Posts: 2
Originally Posted by pineapple_09
Yes, I've read a lot about EU261 since my delay a couple of weeks ago and you would get compo, 2 days falls into the category where you are entitled to compo. Not sure how much you'd get though, how late was your arrival into LGW?
Might just have been 4 hrs didn't notice exact time.
Spyro1964 is offline  
Old Jul 8, 2013, 3:32 pm
  #756  
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Posts: 44,600
Originally Posted by Spyro1964
Might just have been 4 hrs didn't notice exact time.
If you were on a through ticket to Glasgow, then it is the delay time into Glasgow that matters rather than delay into Gatwick. 6 hours is definitely eligable for compensation of EUR600
Dave Noble is offline  
Old Jul 8, 2013, 4:57 pm
  #757  
 
Join Date: Jul 2013
Posts: 6
Hi everyone wondering if you can help me?

My flight was booked through BA.com all as one booking.

ABQ(US) - DFW(US) operated by AA,

DFW(US) - LHR(UK) operated by BA

LHR(UK) - NCL(UK) operated by BA.

So what happened was the flight from abq to Dallas was delayed by 3 hours meaning I would miss my connecting flight to LHR. That was the last BA flight out of Dallas so they re-booked me onto the same flight itinerary for the next day, I arrived back in the UK a full 24 hours after I was scheduled to.

Also, I am not sure why the flight was delayed, is there any way to find out ?

Can I claim the £508.00 compensation back in this case as I booked the whole flight in one booking through BA?

Thanks,

Callum
bensonuk89 is offline  
Old Jul 8, 2013, 6:13 pm
  #758  
 
Join Date: Oct 2011
Posts: 4,964
Originally Posted by bensonuk89
ABQ(US) - DFW(US) operated by AA
This thread will explain that you aren't covered by EU261: http://www.flyertalk.com/forum/briti...ce-needed.html

Originally Posted by bensonuk89
I am not sure why the flight was delayed, is there any way to find out ?
What flight/date?
angatol is offline  
Old Jul 8, 2013, 6:18 pm
  #759  
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Welcome to bensonuk89

Originally Posted by bensonuk89
Hi everyone wondering if you can help me?
Hello bensonuk89, welcome to Flyertalk and welcome in particular to the British Airways forum. It's great to see you here, and I hope you can continue to participate. Sorry about the hassle you had with this set of flights.

Unfortunately I have to agree with angatol, on the face of it the operating airline that caused the delay was not a EU one, nor was the flight leaving the EU. So I don't think you'll get compensation under EU261, but you are still free to complain to AA Customer Services and they may send you a voucher if the delay was not weather related.
corporate-wage-slave is offline  
Old Jul 8, 2013, 10:30 pm
  #760  
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Join Date: Jan 2002
Posts: 44,600
Originally Posted by bensonuk89
Hi everyone wondering if you can help me?

My flight was booked through BA.com all as one booking.

ABQ(US) - DFW(US) operated by AA,

DFW(US) - LHR(UK) operated by BA

LHR(UK) - NCL(UK) operated by BA.

So what happened was the flight from abq to Dallas was delayed by 3 hours meaning I would miss my connecting flight to LHR. That was the last BA flight out of Dallas so they re-booked me onto the same flight itinerary for the next day, I arrived back in the UK a full 24 hours after I was scheduled to.

Also, I am not sure why the flight was delayed, is there any way to find out ?

Can I claim the £508.00 compensation back in this case as I booked the whole flight in one booking through BA?

Thanks,

Callum
No you cannot ; the delayed flight was a US domestic flight operated by AA

US domestic flights are not covered under the regulation
Also, for flights operated by AA, only flights departing the EU are covered

Dave
Dave Noble is offline  
Old Jul 9, 2013, 1:45 am
  #761  
 
Join Date: Jul 2013
Posts: 6
Originally Posted by Dave Noble
No you cannot ; the delayed flight was a US domestic flight operated by AA

US domestic flights are not covered under the regulation
Also, for flights operated by AA, only flights departing the EU are covered

Dave
Hi dave ,

Thanks for the advice , I've read through the thread you attached and can see I can't claim the £508.00. Is there anything else I can do? My problem being that I missed a days wage and had to obviously fork out to stay in Abq for another day/night?

Thanks

Callum
bensonuk89 is offline  
Old Jul 9, 2013, 1:49 am
  #762  
 
Join Date: Jul 2013
Posts: 6
Originally Posted by corporate-wage-slave
Hello bensonuk89, welcome to Flyertalk and welcome in particular to the British Airways forum. It's great to see you here, and I hope you can continue to participate. Sorry about the hassle you had with this set of flights.

Unfortunately I have to agree with angatol, on the face of it the operating airline that caused the delay was not a EU one, nor was the flight leaving the EU. So I don't think you'll get compensation under EU261, but you are still free to complain to AA Customer Services and they may send you a voucher if the delay was not weather related.
Hi,

Thanks for the reply . I can see Im not going to get any compensation from BA which to be honest is very frustrating , they put me on the AA flight in the first place. The whole one world alliance is a complete load of rubbish as each side just avoids all responsibility through whatever legal loop holes they can. This is the 3rd time in a row a Connecting US flight through AA( booked by BA ) has ruined my travelling experience !
bensonuk89 is offline  
Old Jul 9, 2013, 11:29 am
  #763  
 
Join Date: Oct 2011
Posts: 4,964
Originally Posted by bensonuk89
Thanks for the advice , I've read through the thread you attached and can see I can't claim the £508.00. Is there anything else I can do? My problem being that I missed a days wage and had to obviously fork out to stay in Abq for another day/night?
I'm not one to shout about insurance which often gets shoved down people's throats round here. However, EU261/2004 only provides compensation in a limited number of cases; it's not general compensation for consequential losses. If you need that, then really you do need insurance that covers such an eventuality. Even if there were direct flights from ABQ to LON you wouldn't get the 600 euro compensation if the delay was due to causes beyond the airline's control.

Since it doesn't appear there are any ABQ-EU direct flights, then there is no way to get EU261/2004 protection on any airline for that direction. Perhaps you could drive to PHX or DEN and then get BA to LHR...
angatol is offline  
Old Jul 10, 2013, 12:44 pm
  #764  
 
Join Date: Jun 2005
Location: UK
Programs: BA S, VS S, SQ G, HH D, IHG D/A, Marriott G, Radisson G, Hertz PC
Posts: 3,945
Successful claim here - ATH flight was over an hour late in departing (in fact even the day before when checking in it was half an hour late!) so missed my connection despite running. Was put up in hotel and rebooked onto first flight the next day, but clearly over 3h late (and only a few hours of sleep between the late arrival and early departure!).

Emailed a claim via the BA webform and heard back a couple of weeks later:
Thank you for contacting us about your claim for compensation.

Following a recent decision made by the European Court of Justice, you are entitled to compensation for the delay of your flight (details). The distance of your disrupted flight, as calculated in accordance with EU legislation, was between 1500km and 3500km. Based on this, you are entitled to €400 in compensation.

As there is one passenger included in your claim, the total compensation due is €400.00. We are arranging to send you our cheque, which will be made out to you as the primary claimant, in your local currency. You will receive this under separate cover.

Thank you for following this up with us and I hope you will fly with us again soon.
I must say I'm very impressed ^ with how well this was handled and will most likely now make an extra CW redemption I was half-considering, so they'll get the cash back again as YQ
EDIflyer is offline  
Old Jul 10, 2013, 3:08 pm
  #765  
 
Join Date: Aug 2012
Posts: 47
Update

Originally Posted by NickB
Judging from what people have been saying here, I suspect that the answer is no.
Has anyone else received an email from BA saying that 'we are now reviewing our position regarding what happened on 24 May 2013.. I will get back to you as soon as a final decision has been made.. We would appreciate your patience during this time'

This was after I received an earlier email saying that the airport shutting down had nothing to do with them!
Rcfl1967 is offline  


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