Well, following my cancellation and downgrade in July and BA steadfastly failing or refusing to issue a substantive response to my claim, I have yesterday issued county court proceedings against BA for over £1,300, including interest from the eighth day after the date of the flight. I'm annoyed that it's reached this stage when if BA had engaged with me at an earlier date I would have been pleased to settle for a much smaller sum.

Could the next step for Ba be to remove frequent flyer privileges from customers that claim eu261 compensation?

Not a chance, do that and they'll alienate themselves to those who are loyal. Loyalties can change.

What BA need to do is try and get it right more often and leave themselves less prone to claims.

Can someone help clear something up for me. I posted (1335) about a delay I had between LHR-GLA which exceeded 2hrs but was less than 3hr. In my case it was 2hrs 7mins to be exact. BA's reply was tough you weren't delayed more than 3hrs so no money. Subsequent replies to my post all concurred with BA. Some were referencing Article 7. Having now successfully received compensation for an "extraordinary" delay, I read article 7 out of curiosity, which talks about denied boarding and cancellation. Not the case for me by it says:

Article 7: Right to compensation
1. Where reference is made to this Article, passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(a) by two hours, in respect of all flights of 1500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a) or (b),
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.
3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services.
4. The distances given in paragraphs 1 and 2 shall be measured by the great circle route method.


Post 3 of this thread, Question 2, says €250 for delay of more than 2hrs at the arrival point if less than 1500km. Glasgow is less than that. Can someone help clarify the answer in respect of my particular circumstances or for that matter any flight less than 1500km ?

The entitlement to compensation in the case of a delay (as distinct from a cancellation or IDB) only arises when the delay is 3 hrs or more on arrival.

The reason why there are references to compensation for arrivals of less than 3 hrs after initial scheduled arrival in the Reg and the FAQ is that entitlement to compensation can arise where the delayed arrival results from an IDB or a cancellation and re-routing. In the case of a simple delay, however, 3 hrs minimum is the threshold for entitlement to compensation.

BA is correct. You are reading the legislation wrongly.

And to expand ever so slightly, there is in fact zero compensation for delays in the Regulations, there is no point looking for it. The judiciary, separately, established a delay compensation based on cancellations, but they set a new time limit of 3 hours before it kicks in. The rational being that airlines starting never cancelling flights but delaying them ad infinitum, so the judges brought that little game to an end in a spectacular fashion.

BA review of claim following Jet2 case decision.
 

I've been waiting for compensation following a flight almost 12 months ago which was an A380 switched to a 747 leading to a delay of around 6 hours in arrival at LAX (as documented at the time by SFO777).

Here was BA's initial response:

Although I never got as far as a MCOL claim, I kept an eye on the Jet2 appeal case and wrote back this week following the decision in that case. Today I received the following:

Thank you for all the regular and not-so-regular posters to this thread for their excellent advice. ^ I hope others who have been left waiting for many months or years are now also successful in receiving the compensation due to them.

Ba2039 delay 20/09/14
 

Hi everyone this I my first time to post so I hope I am not doing anything wrong.

Myself and my husband recently took a trip to Orlando flying dub-gat,gat-dub on September 20th last. The flight from gatwick to orlando,after initial delays due to the late incoming of the plane and much confusion,ended up being delayed for over 24hrs.

On our return home two weeks later we were advised by citizens advice here in Dublin to lodge a complaint with the travel agent we booked the trip with as well as a compensation claim with British airways. We did both of these and received what appears to be the copy and paste response from BA regarding the jet2 appeal. After the appeal was denied last week I contacted BA again and am currently waiting on a reply,I understand this may take some time.

This morning I received an email from BA with a different case number to the one I previously received. In this email I am informed that they have received my details from the travel agent the trip was booked through. They have offered me a £100 evoucher towards the cost of any BA flight and also the same for my husband as a gesture of goodwill.

I guess what I am wondering is if I accept these evouchers will that be the end of the compensation claim also. Or since there are two different case numbers they are dealt with as such?

Thanks in advance for any responses. We have never made any claims like this before so we are a winging it a bit.

What was the reason for the delay

Assuming it is a reason for which compensation would be due, reply back detailing that you require payment of the EUR600 as per EC261/2004 within 7 days or you will take action to recover it

Thanks for the reply.
The delay was initially as a result of the incoming plane being late then technical difficulties. I received a response from BA advising me to wait until the jet2 case had been settled and contact them again. I did this last week when the appeal was denied.
My initial reaction was to reply declining the voucher and requesting the €600 compensation but then I realised that the case numbers were different and thought maybe this email was in response to contact made with BA by the travel agent we booked with after my complaint to them and a completely separate issue altogether. I havn't had a response from the travel agent since my initial complaint was acknowledged with them.

Welcome to Flyertalk Babsie81
 

Welcome to Flyertalk Babsie81, and welcome to the British Airways board. I can very much understand why you have come here, but I hope you will also find this forum is just as interesting and will help you on any future travel plans. Welcome on board.

I suspect the e-vouchers are for the customer service recovery side. You can certainly accept them since EU261 is a full entitlement in its own right and represents the minimum, not maximum, compensation. So long as you don't sign anything that says accepting them brings your claim to an end (that's normally unlikely anyway). There is a small risk that they may initially reduce the €600 payment by the amount of the e-voucher, also unlikely I feel, but at that point you can simply tell BA to remove the e-vouchers and to give you cash.

You are right that BA is now paying up for any Jet2 style claims, and yes that may take some time. So long as you write to remind them every few weeks then you will get your money eventually. You do have the option of using the Irish Republic's small claims service to speed things along if you wish, but you'll have to trade the hassle of that against the speed of delivery.

Hi and thank you for your reply! I actually stumbled across the forum by accident while searching for information on how to make a claim and have since found it to be a very interesting read with lots of info!

Thanks for your take on the whole situation. I think I might just get back to them and providing my acceptance does not interfere with my claim I will accept it as a gesture.

I'm not in any hurry to get compensation since it was only a little over a month since my issues arose but I will keep the small claims route in mind thank you.

Guidance from Business Traveller
 

http://www.businesstraveller.com/opi...-261-explained.

€600 each is what you are due under eu261, personally I would be accepting nothing less