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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 Jan 8, 2015, 2:54 pm
  #1891  
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Whether you think weather like fog is a weekly event or not it is an exemption laid down in EU261
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Old Jan 8, 2015, 3:13 pm
  #1892  
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Originally Posted by elraidor
Any advice on this situation before I send in my letter. We were travelling from Dublin to Calgary in Canada.
Welcome to Flyertalk, welcome to the BA Forum elraidor, and thank you for joining up with us here. I do hope, however, that you will also enjoy the other threads here, there is a lot of valuable material about flying hereabouts.

Weather, and actions by other agencies apart from BA, are excluded from EC/261, so for example slow security isn't necessarily something BA can control or compensate. I was in T5 on Sunday, and I don't think it was quite as bad as 4 hours, though there were certainly long queues in the morning. Can you perhaps clarify when you arrived at T5, and when your aircraft left and/or scheduled to leave? If it was under 35 minutes then I am not sure you will get very far, it was a lot more than that then you may have a case.

If arriving from DUB, it is probably best not to use Flight Connections, but to exit via the white corridor at gate 23 and re-enter via South Security, it's generally faster since the white corridor reduces the walking time by half and there is no passport check.
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Old Jan 8, 2015, 6:21 pm
  #1893  
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Originally Posted by UKtravelbear
Whether you think weather like fog is a weekly event or not it is an exemption laid down in EU261
Actually, exactly how far Reg 261/2004 reaches in relation to meteorological conditions has never been tested before the CJEU. It would certainly be arguable that the meteorological event would need to be of a sufficient gravity/unusual character for it to constitute an extraordinary circumstance.*
So I would not say that Reg 261/2004 explicitly provides a blanket defence for all weather-related events. That said, though, I would not necessarily recommend taking up that fight all the way to the CJEU to test the argument.

*: especially as the exact wording of the preamble speaks of "meteorological conditions incompatible with the operation of the flight concerned", rather than meteorological conditions affecting flight operations in general.
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Old Jan 8, 2015, 7:05 pm
  #1894  
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If I am understanding it correctly, the issue was not that the flight was delayed but that you were unable to get to the aeroplane in time due to the airport connection issues which are not run by BA

BA isn't liable for the airport itself and I doubt that flight disruptions due to fog would be classed as being within BA's control and even going to court would be successful in getting a payout

It does seem that there are attempts to really twist things so far removed from the intent , that I can understand why there are proposals to change it
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Old Jan 9, 2015, 3:05 am
  #1895  
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Originally Posted by Dave Noble
I doubt that flight disruptions due to fog would be classed as being within BA's control
This is not the test used by courts to determine whether compensation can be denied on grounds of extraordinary circumstances: it is a necessary but not sufficient condition to deny liability.

That said, I agree with you that this would not be a case in which I would expect a positive result before the courts and would not recommend spending any time or money on.
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Old Jan 9, 2015, 4:29 am
  #1896  
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Problem was not with the BA but it was due to Airport entering function was not working and the airlines have no control over it. According to EU261/2004 it falls under Extraordinary Circumstance and you could have no claim.
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Old Jan 9, 2015, 7:40 am
  #1897  
 
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BA delay claims

thank you. I have also read on a couple of other forums that british airways are pretty good now at paying out. so what has gone wrong here I really don't know. I just don't like the idea of them having our bank details in their system for so long - in fact I wondered at first whether the e-mail I received was a scam and was nervous of sending them that way. (don't have fax, and same applies ). but that is sorted, they have them, and it is them and not some criminal somewhere!! my other issue is their seeming loss of one of our claims when it was received by them. all 3 went in the same envelope, proof of posting so they cant possible argue they didn't receive it. the other issue is e-mailing to clarify this, and getting nothing but an auto response, with no follow up. I know they're busy but ........ and yes I know I am going to have to phone - I have been putting this off because waiting for them to reply makes one lose the will to live. oh well - battle on.
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Old Jan 9, 2015, 7:56 am
  #1898  
 
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Originally Posted by Dave Noble
If I am understanding it correctly, the issue was not that the flight was delayed but that you were unable to get to the aeroplane in time due to the airport connection issues which are not run by BA

BA isn't liable for the airport itself and I doubt that flight disruptions due to fog would be classed as being within BA's control and even going to court would be successful in getting a payout

It does seem that there are attempts to really twist things so far removed from the intent , that I can understand why there are proposals to change it
On holiday at the moment so have not looked into it but I think the OP's problem is best considered in terms of the IDB provisions.

Has OP been denied boarding?
(j) "denied boarding" means a refusal to carry passengers on a flight, although they have presented themselves for boarding under the conditions laid down in Article 3(2), except where there are reasonable grounds to deny them boarding, such as reasons of health, safety or security, or inadequate travel documentation;
Article 3(2)
2. Paragraph 1 shall apply on the condition that passengers:

(a) have a confirmed reservation on the flight concerned and, except in the case of cancellation referred to in Article 5, present themselves for check-in,

- as stipulated and at the time indicated in advance and in writing (including by electronic means) by the air carrier, the tour operator or an authorised travel agent,

or, if no time is indicated,

- not later than 45 minutes before the published departure time; or

(b) have been transferred by an air carrier or tour operator from the flight for which they held a reservation to another flight, irrespective of the reason.
The legislation is ambiguous which does not help. But in respect of security delays I think it is more relevant than flight delay comp.

Denied boarding comp is prescribed in Article 4

Last edited by flieduk; Jan 9, 2015 at 8:02 am
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Old Jan 9, 2015, 12:23 pm
  #1899  
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If the only reason the passenger was not on board is due to the passenger not actually being there, the passenger was never denied boarding by the airline surely?

I cannot imagine any court accepting that a passenger that turns up to a flight after the scheduled departure time and finds the aeroplane no longer there has been denied boarding by the airline

"reasonable grounds to deny themboarding, such as reasons of health, safety or security"

I think it would be unsafe to allow the passenger to attempt to board the aeroplane once it is in motion
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Old Jan 9, 2015, 4:18 pm
  #1900  
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I'm on my BA Gold run journey

ncl-lhr-hel-jfk-phx-hnl-phx-jfk-lhr-hel-man

because of delayed flight lhr-hel(operated by FINNAIR) I miss my final leg hel-man

they offered me connection via LHR to MAN (both flights operated by BA)
but conecion to LHR was delayed more than 50min and I miss connection to MAN(at 20.00)

I have next day plane
generally i will be much more than 5+ on my final destination

my questions

1. Can I gave up final destination and request flight back to NCL where I started TP RUN and Can I request money back because of more than 5 hours delay (I read that BA have like this)?

2. If not I should receive 600Euro compensation via EU law, but where I should go?
my rerouting was by FINNAIR flight but In the end My last connecion was operated by BA
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Old Jan 9, 2015, 4:37 pm
  #1901  
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it depends on the reason for the delays as to if you qualify for EU261 or not.
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Old Jan 10, 2015, 1:53 pm
  #1902  
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corporate-wage-slave has most generously taken a sizable chunk of his Saturday afternoon to update and relaunch this very popular resource/discussion thread.

You can find the new thread here... http://www.flyertalk.com/forum/briti...61-2004-a.html

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