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The BA Compensation Thread: Your guide to Regulation 261/2004

The BA Compensation Thread: Your guide to Regulation 261/2004

Old Oct 17, 2014, 5:47 am
  #1501  
 
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Originally Posted by LOUDNOISES
Thank you for the detailed response dylanks ^

We were not given a reason for the cancellation, though from what I could see from the gate there were issues with a cargo door. I guess the BA mantra is to give away as little info as possible in regards to this, and of course as you highlight, their ambiguous 'damage' statement doesn't really absolve themselves of blame.

Is there any way to find out the official reason for the cancellation, from independent sources? I will definitely respond thought stating that they have proved to fail it was exceptional circumstances.



As for the second issue regarding my missed hotel booking, I do have travel insurance but as it was booked using Avios I presume it would not be payable as there is no fixed cash value? This has miffed me the most tbh. Even if irrops are a bit of a grey area you would hope something booked through an internal award scheme would be refunded. The gate agent was quite sure of this when issuing me with my lucky golden tickets for a night in the Bath Road Premier Inn.

Gives a worrying sign of exactly where BA are as a company at the moment.
The best resource I know of is http://www.thebasource.com .

For the hotel booking, because it was avios I would expect them to credit that back. That said, knowing how BA operate, that's a separate request to someone than the eu261 claim. I would decouple the compensation request from the avios refund, and you're likely to have a better result.

As much as I hate to call, I would probably call the executive club line, explain the situation (just about the hotel booking that was made with avios and missed due to a BA delayed flight, and ask them how to get those avios refunded). Or perhaps someone like corporate-wage-slave knows which contact form to use in this circumstance?
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Old Oct 18, 2014, 10:39 am
  #1502  
 
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The BA Compensation Thread: Your guide to Regulation 261/2004

Please can someone help.

After 9wks of waiting BA finally replied to my compensation request. We took a flight on 18/08/14 from LGW to Pisa. The flight was due to take off at 17:55 but was delayed firstly to a technical fault and secondly because once they had boarded everyone they realised they forgot to load all our luggage and had to send the baggage handlers to the hanger to collect everyone's bags from the faulty aircraft. We finally took off at 21:06. I thought we would entitled to compensation under EU261? but this is the reply I got:

Dear 1poundcoin

Thank you for contacting us. I am sorry for the delay in responding to you.

I have checked the details of your flight and can confirm that flight BA2602 on 18 August 2014 was delayed for 179 minutes. I have included the details below for your reference:

Flight BA2602 from London Gatwick to Pisa.
Scheduled departure date and time: 18 August 2014 17:55 GMT
Actual departure date and time: 18 August 2014 21:06 GMT
Scheduled arrival date and time: 18 August 2014 19:55 GMT
Actual arrival date and time: 18 August 2014 22:54 GMT
Total delay: 179 minutes

Since your flight was not delayed in arriving by 3 hours or more your claim for compensation under EU Regulation 261/2004 has been refused.

Thank you again for contacting us. I hope we have the chance to welcome you on board again soon.

Best regards



Thanks in advance
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Old Oct 18, 2014, 1:05 pm
  #1503  
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The reply sounds correct assuming that the timings are correct

If the aeroplane doors were opened at 22:54 , then being < 3 hours there is no compensation due
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Old Oct 18, 2014, 1:13 pm
  #1504  
 
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The BA Compensation Thread: Your guide to Regulation 261/2004

But the original departure time was 17:55?
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Old Oct 18, 2014, 1:19 pm
  #1505  
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Originally Posted by 1poundcoin
But the original departure time was 17:55?
It is the delay at arrival that matters, which is sensible, IMO.
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Old Oct 18, 2014, 1:32 pm
  #1506  
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Originally Posted by 1poundcoin
But the original departure time was 17:55?
You were due to arrive at 19:55 and the airline has stated that you arrived at 21:54 ; that is what matters

The only thing to verify is whether 21:54 is correct; if the aeroplane doors were open at 21:54, then there is no compensation due
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Old Oct 18, 2014, 1:44 pm
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The BA Compensation Thread: Your guide to Regulation 261/2004

They are claiming we arrived 1 minute before compensation was due... How convenient!
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Old Oct 18, 2014, 1:50 pm
  #1508  
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Originally Posted by 1poundcoin
They are claiming we arrived 1 minute before compensation was due... How convenient!
If you disagree with that analysis, then check the timings. If it was 1 minute before compensation is due, then c'est la vie
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Old Oct 18, 2014, 1:53 pm
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Originally Posted by 1poundcoin
They are claiming we arrived 1 minute before compensation was due... How convenient!
Flightstats shows the same as BA have written to you, so looks like just bad luck as opposed to 'convenient'.
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Old Oct 18, 2014, 2:04 pm
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The BA Compensation Thread: Your guide to Regulation 261/2004

I'm stuck between a rock and a hard place.

Supposed to depart at 17:55. Delayed till 21:06... But that's not a 3hr+ delay
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Old Oct 18, 2014, 2:29 pm
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Originally Posted by Grandad81
Flightstats shows the same as BA have written to you, so looks like just bad luck as opposed to 'convenient'.

It will depend when they are measuring it. AFAIK, there is case law to the effect that the arrival time is when the plane arrives on stand. I do not know if that is how Flightstats work
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Old Oct 18, 2014, 2:39 pm
  #1512  
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Originally Posted by 1poundcoin
I'm stuck between a rock and a hard place.

Supposed to depart at 17:55. Delayed till 21:06... But that's not a 3hr+ delay

As other have already told you it is the arrival time that matters.

Yes it is annoying but that is the situation.

If you feel the regulation should be changed so that it measures from departure time to eventual arrival then start lobbying your MEPs
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Old Oct 18, 2014, 3:34 pm
  #1513  
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Originally Posted by flieduk
It will depend when they are measuring it. AFAIK, there is case law to the effect that the arrival time is when the plane arrives on stand.
As per the Germanwings case, the cutoff point is the opening of the doors as long as passengers are allowed off the plane at that point. The Court explicitly rejects arrival at parking stand as being the relevant point in time for the purposes of Reg 261/2004.

The OP could ask BA for confirmation of time at which the aircraft arrived on stand and the time at which the doors were opened and/or after that, assuming the OP still has doubts as to the precise time, ask the relevant National Enforcement Body to look into it and confirm the exact recorded time of opening of the doors.
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Old Oct 18, 2014, 3:59 pm
  #1514  
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Originally Posted by 1poundcoin
I'm stuck between a rock and a hard place.

Supposed to depart at 17:55. Delayed till 21:06... But that's not a 3hr+ delay
There was not a 3 hour delay in arriving at the final destination and that is what matters. If it had been 2 minutes later and you would have hit the 3 hour mark and been enjoying how you were doing as well as someone with a nearly 4 hour delay.
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Old Oct 18, 2014, 4:15 pm
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The BA Compensation Thread: Your guide to Regulation 261/2004

Ok so please excuse my simple mind (I am a sports man so it is pretty simple).

We were supposed to take off at 17:55. We didn't till 21:06 (3h 11min) and we landed, allegedly at 22:54 (4h 59min).

I'm not trying to be pedantic but I seriously smell a rat.

Landing/opening the doors 1 minute before your going to have to pay 100+ passengers compensation seems very convenient.

As I say I'm great full that anyone on FT has replied but I seriously expected more from BA
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