Go Back  FlyerTalk Forums > Miles&Points > Airlines and Mileage Programs > British Airways | Executive Club
Reload this Page >

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

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

Old Jan 24, 2014, 5:49 am
  #151  
 
Join Date: May 2012
Location: Munich, Algarve, Sussex or S.F Bay Area
Programs: Mucci, BA Gold, A3*Gold, AA Plat, HH Gold, IHG Plat Amb, Marriott Plat
Posts: 4,236
Originally Posted by ExpatSomchai
Will do. Just sent the claim in and also asked why they trapped us on board knowing there was an issue. I was in 3J btw hello
I can predict that you will get an initial refusal based on the unforeseen circumstances excuse. BA will tell you the engine was maintained according to regulations and guidelines and the fault could not be foreseen. You will then have to decide whether to pursue the claim or not. BA will be hoping you do not.
Tafflyer is offline  
Old Jan 24, 2014, 5:53 am
  #152  
 
Join Date: May 2012
Location: Munich, Algarve, Sussex or S.F Bay Area
Programs: Mucci, BA Gold, A3*Gold, AA Plat, HH Gold, IHG Plat Amb, Marriott Plat
Posts: 4,236
Originally Posted by dwallfort
i was dealyed on a flight from Rio for 20 hours towards the end of last year due to a sick captain.

BA are claiming extrordianry circumstances, I wondered what people's thoughts are and whether you felt there would be a dstrong chance of success if this went to court.

I would argue that staff ilnness is something that every company experiences and should have adequate contingency plans in place. My understanding regarding the reasonableness point is that this only becomes relevant if it is found that staff illness, is in itself, an extraordinary cicrumstance.

As a side note, BA have already paid compensation to another passenger on the flight but have claimed this was a mistake.

Really appreciate any thoughts.
Only one course here. Notice before action letter followed by a small claims action if BA do not pay. I don't see how it can be an extraordinary circumstance for one passenger and not for another. Even if BA were ultimately correct in their EU261 interpretation, they would be victims of their own inconsistency here.
Tafflyer is offline  
Old Jan 24, 2014, 5:59 am
  #153  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 65,027
Originally Posted by shefgab
I was on the same flight last night, also in Club. BA.com says the flight landed at 2209, so 194 minutes late (and just inside the magic 3 hours). I understood that as the flight was on an EU carrier into the EU it would be covered. Let me know how you get on!
Originally Posted by ExpatSomchai
Will do. Just sent the claim in and also asked why they trapped us on board knowing there was an issue. I was in 3J btw hello
The latter point I do know the answer: namely that if it's a 20 minute issue it's a lot quicker to get everyone on board, get the engineer working on it, get fixed and get going. The trouble is that 20 minutes turns into 194 minutes, but crystal ball gazing is so under-rated.

This sounds bog standard technical to me, unless there really was something genuninely extraordinary involved (e.g. massive bird strike on landing). But I'd imagine indeed you'd be refused at the first instance and then have to pursue it with some effort if you want to get anywhere with it.
corporate-wage-slave is offline  
Old Jan 24, 2014, 6:07 am
  #154  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 65,027
Welcome to Flyertalk dwalfort

Originally Posted by dwallfort
i was dealyed on a flight from Rio for 20 hours towards the end of last year due to a sick captain.
Welcome to Flyertalk, dwalfort. Welcome to the BA board, and though it's a pity that this incident has brought you here, I nevertheless hope that you can continue to participate. Welcome again.

I suspect the individual details matter a lot. If the captain fell ill in the hour or two before departure from Rio that would be one extreme, the other would be a captain falling sick 3 days before departure from LHR. You'd then be down to how the court would intepret that. If the captain was ill just before departure, BA will say "well the rules say 2 fit pilots in this situation, we didn't have a spare pilot in Rio and we could hardly ask the CSD to give it a go". Then the court would have to decide if BA could have avoided that by reasonable counter measures. Sounds tricky to me, but as I say the details will matter.
corporate-wage-slave is offline  
Old Jan 24, 2014, 1:53 pm
  #155  
 
Join Date: Jan 2007
Posts: 4,726
Originally Posted by stifle
That's a tricky one. On balance I don't think you are covered here under EC261/2004 as the affected flight was outwith the European Union. The fact that it was a BA ticket doesn't matter, in the same way that someone travelling LHR-JFK on an AA ticket can still claim. One for your travel insurers I'd say.
In any case if weather related I wouldn't have thought EU261/2004 would apply anyway... but agree, off to insurance to get expenses reimbursed on this one.

Originally Posted by shefgab
I was on the same flight last night, also in Club. BA.com says the flight landed at 2209, so 194 minutes late (and just inside the magic 3 hours). I understood that as the flight was on an EU carrier into the EU it would be covered. Let me know how you get on!
I'm confused by this. Isn't 3 hours 180 minutes ergo 194 minutes is outside the 3 hour mark?
flashware is offline  
Old Jan 24, 2014, 2:12 pm
  #156  
FlyerTalk Evangelist
 
Join Date: Feb 2009
Location: From ORK, live LCY
Programs: BA Silver, EI Silver, HH Gold, BW Gold, ABP, Seigneur des Horaires des Mucci
Posts: 14,396
Originally Posted by flashware
In any case if weather related I wouldn't have thought EU261/2004 would apply anyway... but agree, off to insurance to get expenses reimbursed on this one.
The right to care (meals/accommodation/communication) under EC261/2004 is unaffected by the cause of the cancellation.
stifle is offline  
Old Jan 24, 2014, 2:23 pm
  #157  
 
Join Date: Feb 2006
Location: London
Programs: BAEC
Posts: 2,649
Originally Posted by flashware
I'm confused by this. Isn't 3 hours 180 minutes ergo 194 minutes is outside the 3 hour mark?
Er, yes, Freudian slip, should have said "outside". Either way, eligible for compensation, from a time perspective at any rate.
shefgab is offline  
Old Jan 25, 2014, 1:34 pm
  #158  
 
Join Date: Jan 2007
Posts: 4,726
Originally Posted by stifle
The right to care (meals/accommodation/communication) under EC261/2004 is unaffected by the cause of the cancellation.
I don't disagree... but this thread is focused on EC261/2004 rather than standard right to care.
flashware is offline  
Old Jan 25, 2014, 1:36 pm
  #159  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 65,027
Originally Posted by flashware
I don't disagree... but this thread is focused on EC261/2004 rather than standard right to care.
EC261/2004 goes into some detail as to right to care, when it is due and what is included, which wasn't standard until the Regulation came into force, and still isn't standard in all circumstances (e.g. Middle East airlines....)
corporate-wage-slave is offline  
Old Jan 25, 2014, 3:20 pm
  #160  
FlyerTalk Evangelist
 
Join Date: Feb 2009
Location: From ORK, live LCY
Programs: BA Silver, EI Silver, HH Gold, BW Gold, ABP, Seigneur des Horaires des Mucci
Posts: 14,396
Originally Posted by flashware
I don't disagree... but this thread is focused on EC261/2004 rather than standard right to care.
The right to care is encapsulated in article 9 of EC261/2004 so I am completely at a loss as to how you have concluded it is out of scope of a thread discussing that regulation.
stifle is offline  
Old Jan 28, 2014, 2:35 am
  #161  
 
Join Date: Aug 2013
Programs: BAEC Gold, IHG Spire Elite
Posts: 1,722
Following the emails from BA I received the promised bank transfer of 207 for my 7 hour delay on 24th May 2013. I would be interested to know if anyone else delayed on 24/5 has received any compo. It's a shame that the question I posed was merged to this thread as people are less likely to see it buries in here than they are with a thread of its own!
BerksFlyer is offline  
Old Jan 28, 2014, 2:44 am
  #162  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 65,027
Originally Posted by BerksFlyer
Following the emails from BA I received the promised bank transfer of 207 for my 7 hour delay on 24th May 2013. I would be interested to know if anyone else delayed on 24/5 has received any compo. It's a shame that the question I posed was merged to this thread as people are less likely to see it buries in here than they are with a thread of its own!
It's good that BA have finally resolved your case and thank you for letting us know. The trouble with having separate threads for this and other high level incidents is that the knowledge gets diffused all over the place (and it has to be said, irritates some FTers) and the Subject Matter Experts end up repeating themselves multiple times over. This thread tends to get to the top of the page quite frequently, whereas a dozen other threads would slip out of view. At the moment we have I think 5 high profile incidents going on.
corporate-wage-slave is offline  
Old Jan 28, 2014, 12:23 pm
  #163  
 
Join Date: Dec 2010
Location: LHR
Programs: Accor PLT,Thai Silver, HH Dia, SPG Titanium (LT Gold), Aegean Gold, BA Silver
Posts: 5,129
My claim denied with the standard blurb
ExpatSomchai is offline  
Old Jan 28, 2014, 3:42 pm
  #164  
 
Join Date: Jan 2006
Programs: Lots, some no/low status some high status, can't be bothered to list them :-)
Posts: 1,961
Originally Posted by ExpatSomchai
My claim denied with the standard blurb
I'm still waiting for my claim from the 3rd Jan to be denied.
I chased it up on the phone last week too.
I just want to get on with my MCOL .
Private Pyle is offline  
Old Jan 28, 2014, 4:49 pm
  #165  
 
Join Date: Dec 2006
Location: Lewes
Programs: HiltonH. Gold Starwood Gold BA BLUES! Mucci.
Posts: 4,835
Anybody tried claiming for invol. Downgrade from CE to ET following aircraft substitution at Gatwick a few years ago ?
I was downgraded twice, once on to Titan and once to Monarch, receiving minimal fare difference. ....
Help appreciated.
Skipcool3 is offline  

Thread Tools
Search this Thread

Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.