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-   -   The BA Compensation Thread: Your guide to Regulation 261/2004 (https://www.flyertalk.com/forum/british-airways-executive-club/1536530-ba-compensation-thread-your-guide-regulation-261-2004-a.html)

corporate-wage-slave Mar 4, 2014 12:12 pm

Oh dear. Welcome Smilee72 to Flyertalk and to the British Airways board. Not a good start, I certainly agree, but I hope you will find this forum useful and that you continue to post.

There are 2 basic areas for looking at: customer service recovery, and EU261.

For EU261 issues, it's best to have a look at this thread:
http://www.flyertalk.com/forum/briti...61-2004-a.html

particularly post 1, 247 to 249, and 294.

That covers the legal requirements on BA. In terms of customer service, assuming you have alreadly signed up to BAEC (and if you haven't you better do quick) then use the form in the Contact Us section at the bottom of your login page to issue a precise, to the point, complaint.

Good luck, and I hope you won't be so inconvenienced in the future.

pyro7046 Mar 4, 2014 12:32 pm

DUB 26JUN 1200- LONDON LHR ARRIVAL TIME: 1325

LHR 1500 - SEATAC ARRIVAL TIME: 1635

The above are my scheduled flight times.

I was not given my boarding pass in DUB for the second leg of the trip but was told to pick it up in LHR, however my baggage was checked all the way through. I don't fly that often is this a strange occurrence not to receive both boarding passes?

Dave Noble Mar 4, 2014 12:40 pm


Originally Posted by ewand (Post 22459715)
I've gone back for a further explanation on how this was the case, and will report back here if/when I get a response...

I wouldn't go about asking for a explanation, just write back stating that a mechanical fault is not extraordinary and that you require payment within 7 days

corporate-wage-slave Mar 4, 2014 12:42 pm


Originally Posted by pyro7046 (Post 22460993)
I was not given my boarding pass in DUB for the second leg of the trip but was told to pick it up in LHR, however my baggage was checked all the way through. I don't fly that often is this a strange occurrence not to receive both boarding passes?

Yes, normally you would get your boarding pass at DUB, and in fact your story indicates one reason for doing an online check-in and printing your own boarding pass since it gives you a few extra minutes to make connections.

Did you go via Flight Connections from T1 to T5, on a bus, or did you go landside via the underground or train? If you went via Flight Connections and you got there 35 minutes before departure, 14:25 hrs, then they should not have offloaded you. If your DUB flight was on time or even 15 minutes or so late, I can't see how you would have been offloaded, unless there's something else missing in this process.

Welcome to Flyertalk pyro7046, it is good to have you onboard, may we see plenty more of you here.

stifle Mar 5, 2014 2:19 am


Originally Posted by pyro7046 (Post 22460993)
DUB 26JUN 1200- LONDON LHR ARRIVAL TIME: 1325

LHR 1500 - SEATAC ARRIVAL TIME: 1635

The above are my scheduled flight times.

I was not given my boarding pass in DUB for the second leg of the trip but was told to pick it up in LHR, however my baggage was checked all the way through. I don't fly that often is this a strange occurrence not to receive both boarding passes?

Did you take the connections bus to T5, or a train? (Or something else?) And was your EI flight delayed at all?

Scotsgirl Mar 5, 2014 2:53 am

BA0268 on 25th February 2014
 

Originally Posted by ewand (Post 22459715)
I flew on BA268 LAX-LHR on 25/2/14 and it landed 3:58 late (so near to the 4hr threshold, oh well :)) - on filing the complaint, here's the standard dodge response...
Dear Mr ewand

Thank you for contacting us.

Your claim for compensation has been refused because flight BA0268 on 25 February 2014 was delayed due to unexpected technical fault, which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation.

Unfortunately airline operations are subject to circumstances outside the airline's control. British Airways takes all reasonable measures to avoid delaying a flight in such circumstances. Consideration is given to whether there are any operational options available before a decision to delay is made. We are sorry that the delay was necessary in this case.
... so not even an explanation of what extraordinary circumstances caused the delay - though at check in I was told it was due to the inbound flight being delayed, and that was because the previous night's flight was late too.

So the decision had been taken of either switching the A388 in favour of a 744, but that would have caused a lot more hassle with fewer passengers being carried and everyone basically getting their seat assignments upset. In the end, they decided to just go ahead and operate the plane 3.5hrs late on departure. Hardly extraordinary, surely?

I've gone back for a further explanation on how this was the case, and will report back here if/when I get a response...

Ewand, I was on the same flight (although was connecting to EDI, so was over 4 hours delayed arriving at my final destination after being put on a later LHR-EDI flight) and have had this response denying compensation. They did however in my case give the apparent reason. I wonder if you will get the same reason!

Your claim for compensation has been refused because flight BA0268 on 25 February 2014 was delayed due to unexpected flight safety shortcomings, which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation.

During the previous flight, we noticed a cargo fire bottle discharge. This has been classified as an unexpected circumstance as it had been maintained in accordance with the manufacturers guidelines and was not scheduled for maintenance or replacement. This constitutes as extraordinary circumstance and could not have been avoided.


I am planning on challenging BA's response in relation to extraordinary circumstances after reading this thread, however am not clear whether BA are likely to change their position and if any challenges have been successful.

I would be interested to hear if people think it is worth pursuing.

corporate-wage-slave Mar 5, 2014 4:14 am


Originally Posted by Scotsgirl (Post 22465201)
I would be interested to hear if people think it is worth pursuing.

Unexpected, certainly, but it doesn't sounds extraordinary to me. Not a rock solid case (there are stronger examples in this thread) but not the weakest either. Whether you think it's worth pursuing is more down to your views on the issue, I'd say.

Smilee72 Mar 5, 2014 4:24 am

Thanks for pointing me in the right direction.

I am Silver BAEC - should I use the contact us form or call the CS number?

simonrp84 Mar 5, 2014 4:37 am


Originally Posted by Dave Noble (Post 22461046)
I wouldn't go about asking for a explanation, just write back stating that a mechanical fault is not extraordinary and that you require payment within 7 days

I really don't understand this. At the risk of opening a can of worms: Why is do so many people on here think that a tech fault is not extraordinary? Stuff goes wrong, that can't be helped. If a piece of equipment has been properly maintained yet still breaks then what could BA do about it?

Crewing issues I can understand a claim for, bad flight management also. But tech? Trying to claim for tech malfunctions strikes me as nothing but greed.

corporate-wage-slave Mar 5, 2014 4:50 am


Originally Posted by simonrp84 (Post 22465476)
I really don't understand this. At the risk of opening a can of worms: Why is do so many people on here think that a tech fault is not extraordinary?

Because the courts have said so.

Personally I have never claimed compensation off BA and I hope I never do, I take the view that if BA does their best to look after me then I'm happy. There are sometimes cases on here where I sometimes think that are somewhat undeserving. However this legislation was intended to force airlines to look after the customers properly and there is some evidence that this happens. BA chooses to run the fleet it does in the way that it does, and there are things BA can do to mitigate the issue. For example if an aircraft goes technical BA remain reluctant to re-route passengers outside Joint Venture services unless they have status. The Customer Contact Centres are specifically unable to help there, and yet BA often asks passenger to use these Centres if their flight gets cancelled. Fine, but if that means customers are avoidably delayed then BA should not be surprised if some of them wish to be compensated.

caz312 Mar 5, 2014 5:47 am


Originally Posted by Smilee72 (Post 22460804)
Advice from the forum needed!

I booked our honeymoon flights to Athens in Club Europe from T5 using Avois.

Our flight was delayed for over 3 hrs on our way out - first we were told that they needed to change a tyre, then they found a leak, so we had to change planes. The delay was painful - very few updates and a just one glass of water offered during the whole time. We were due to leave at 7pm but didn't leave until after 10pm, so we're absolutely starving by the time we got some food at about 11pm! To add to that, my audio was broken in the new plane so I couldn't listen to the movie (there were no spare seats).

As I type, I am sitting in the hotel lobby of the Athens airport Sofitel compliments of BA as our flight has been cancelled due to "technical fault"! It was nearly 5 hrs late leaving LHR, so there isn't enough time for turnaround, so we are being delayed from 1900 tonight to 1235 tomorrow.

Obviously the Athens flight gets all the dodgy planes!!

This wasn't how I expected our honeymoon to start or finish (although the time in between was lovely!).

So, advice needed....

What compensation should I be claiming? Am I entitled to financial compensation even if I used Avios for the flights?

This is a first for me (both forum post and delay/cancellation), so any guidance is appreciated.

For your outbound flight, what was the date> The flight on Thurs 27th Feb shows a delay but arrived less than 3 hours late so no compensation would apply

ewand Mar 5, 2014 3:02 pm


Originally Posted by corporate-wage-slave (Post 22465419)
Unexpected, certainly, but it doesn't sounds extraordinary to me. Not a rock solid case (there are stronger examples in this thread) but not the weakest either. Whether you think it's worth pursuing is more down to your views on the issue, I'd say.

As it happens, I got a further explanation in a response this morning (that's a quicker turnaround than I expected):
I have reviewed your claim for compensation and as previously advised your flight BA0268 on 25 February 2014 was delayed due to unexpected flight safety shortcomings, which prevented the aircraft operating as scheduled.

During the previous flight, we noticed a cargo fire bottle discharge. This has been classified as an unexpected circumstance as it had been maintained in accordance with the manufacturers guidelines and was not scheduled for maintenance or replacement. This constitutes as extraordinary circumstance and could not have been avoided.
What's interesting here is that the inbound flight was late too (>4hrs) so in fact they turned the plane around in double quick time and we took off ASAP. So the explanation that during the previous flight they found a problem which needed fixing thereby necessitating a delay is not strictly true - the outbound flight from LHR was delayed (and the check in staff told me that had been caused by the previous night's flight also being hours late).

So, if a genuinely extraordinary circumstance causes a delay on a flight, can BA claim the knock on delays to other flights - possibly 24+hrs later - caused by the aircraft being out of position are also part of the same extraordinary circumstance, or should they be expected to provide another plane rather than have people delayed for >3hrs?

stifle Mar 6, 2014 12:46 am

I think you're focusing on the wrong question. A particular problem is either an extraordinary circumstance or it is not; where it happens is not usually relevant. At an outstation I would be more ready to believe that a delay due to late arrival of the inbound aircraft was unavoidable given all reasonable precautions than I would at a major base where a reasonable precaution is to have a couple of spare airframes/crews.

ewand Mar 6, 2014 2:57 am

I think that's a fair point, stifle. I'd cut the airline plenty of slack if it came straight out with the admission, but in this instance I think the "extraordinary circumstance" actually occurred more than 24hrs before and that's not being admitted to...

Can anyone tell me which aircraft operated BA269/268 on 24 and 25th Feb, pretty please? I can only see 7 days back...

skba1 Mar 6, 2014 4:45 am


Originally Posted by stifle (Post 22471656)
I think you're focusing on the wrong question. A particular problem is either an extraordinary circumstance or it is not; where it happens is not usually relevant.

I reiterate my point from post 286:

http://www.flyertalk.com/forum/22407509-post286.html

It is not entirely clear from the ruling exactly how far it goes, but certainly flights another day with the same plane should warrant EU-compensation. As for flights later the same day with different flight number they should technically be covered by this ruling, but I think you have a harder case to make.


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