The BA Compensation Thread: Your guide to Regulation 261/2004
Jan 18, 2014, 1:08 pm
#106
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Thanks for that update, I think it's worth highlighting since there indeed will be a lot of potential claimants.
Jan 18, 2014, 2:08 pm
#107
Join Date: Aug 2012
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Were you on the flight itself or was your flight delayed as a result of that flight? I ask as my BA flight was delayed because of the closure of the runway and I had a letter saying that BA was not going to compensate.
Jan 18, 2014, 2:17 pm
#108
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The in incident and subsequent runway closure were entirely due to the BA incident, so only right IMO.
Jan 19, 2014, 6:21 pm
#109
Join Date: Dec 2007
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Excellent news and well done persevering with this one. In order to minimise the risk of receiving a compensation denied letter when submitting your partners claim, make sure you cross refer your own successful case reference to speed things up on BA's side when applying for hers. In my somewhat limited experience in this situation, BA don't seem to keep a database of eligible flight numbers/dates to pay out on and instead try it on by not paying up as a standard practice.
Jan 19, 2014, 6:38 pm
#110
Join Date: Dec 2007
Posts: 3,596
EU261/2004
CWS, is there a possibility that a wiki thread could be created whereby FT members could update on here affected BA flight numbers and dates where EU261 has been paid out on? Had it not been for another FT member assisting me with their successful case reference, I would have been preparing my compensation case for small claims court by now.
Jan 20, 2014, 12:36 am
#111
Join Date: Nov 2013
Posts: 14
Hi, I just thought I'd give an update about my case. I will quote my post before regarding the delay that happened to us, to those who haven't read it.
Anyway, I sent two web forms from the BA website. One was a customer service form (before I knew about the EU claims) sent it last Dec 12 and the other is an EU claims form sent last Dec 15... The customer service have replied to me last Jan 2 and offered me 5000 avios points. I took stifle's advice and thanked them for the Avios and told them about the EU form I sent and asked to advise when the EC261/2004 compensation can be expected. They replied last Jan 11 saying that their EU Compensation team are assessing my claim.. Up until now, I still didn't receive any response from their EU compensation team.
I've been reading through this thread and it seems like responses are getting delayed. Anyone here who have sent a claims for around December 15 or later and already got a response? It's been more than a month for me.
Quote:
I already sent a webform to them asking for a claim. Hope it won't get rejected. Here's a more detailed info of what happened during our scheduled flight at LHR. We were supposed to depart at 9pm, but the pilot made an announcement that they will delay the flight for 1 and a half hours or so because of technical problems and their engineers are working on it. He also said they could transfer us to another aircraft but it would take about 2 hrs so he decided to just stay and wait for the problem to be fixed. But it dragged on and after the estimated delay has passed, he made another announcement that it'll take another 2-3 hrs to fix. So we all waited and at about 1 or 2 am, the pilot made an announcement that the problem still wasn't fixed and that the crew can only work for a maximum amount of time so they'd just delay our flight the next night.
I already sent a webform to them asking for a claim. Hope it won't get rejected. Here's a more detailed info of what happened during our scheduled flight at LHR. We were supposed to depart at 9pm, but the pilot made an announcement that they will delay the flight for 1 and a half hours or so because of technical problems and their engineers are working on it. He also said they could transfer us to another aircraft but it would take about 2 hrs so he decided to just stay and wait for the problem to be fixed. But it dragged on and after the estimated delay has passed, he made another announcement that it'll take another 2-3 hrs to fix. So we all waited and at about 1 or 2 am, the pilot made an announcement that the problem still wasn't fixed and that the crew can only work for a maximum amount of time so they'd just delay our flight the next night.
I've been reading through this thread and it seems like responses are getting delayed. Anyone here who have sent a claims for around December 15 or later and already got a response? It's been more than a month for me.
Jan 20, 2014, 2:45 am
#112
Join Date: Jan 2014
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Like moosecf I was also on BA25 on 31 October in club. I applied for EC261/2004 compensation on the webform in the middle of November and BA rejected the claim for exactly the same reason as given by moosecf. Having read that BA have now decided to pay compensation for this flight I re-submitted the claim over the weekend and received .... exactly the same email as previously rejecting the claim. I suspect the likelihood of payment is linked to how far I'm willing to pursue in court so I guess this is the route I will have to look in to further.
I was actually fairly impressed by how quickly a hotel was offered at the airport (Sofitel), but was equally surprised that on a club ticket that BA hadn't proactively tried to rebook me onto another flight (by the time I got to the airport the BA27 was sold out in club (unsurprisingly) and there was apparently no availability left in business on CX). As the A380 was less than half full upstairs by the time the flight left the following morning I'm assuming that there was at least some degree of re-booking going on (although not for me!).
Will let everyone know how I get on.
I was actually fairly impressed by how quickly a hotel was offered at the airport (Sofitel), but was equally surprised that on a club ticket that BA hadn't proactively tried to rebook me onto another flight (by the time I got to the airport the BA27 was sold out in club (unsurprisingly) and there was apparently no availability left in business on CX). As the A380 was less than half full upstairs by the time the flight left the following morning I'm assuming that there was at least some degree of re-booking going on (although not for me!).
Will let everyone know how I get on.
Jan 20, 2014, 4:21 am
#113
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Welcome to Flyertalk Flyer17
Welcome to Flyertalk Flyer17, welcome to the BA forum, though it's a pity that a bad incident brought you here. It's interesting you got a pushback, so indeed there does appear to be a degree of persistence needed here. My perception is that BA is sailing close to the wind on technical issues, and is making some close calls as to potential legal cases. Either way, please keep us posted and make yourself at home here.
Jan 20, 2014, 4:26 am
#114
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BA 12 - 20 Dec
New poster and read the thread with interest and looking for some advice please. I was on BA 12 from Singapore to London due to depart at 23.10 on 20 Dec 2013. The incoming flight BA 11 was delayed about 15 hours (take off on 19 Dec 18.30 from LHR delayed to 20 Dec 09.00) so we had a knock on delay of about 8.5 hours as the flight should have been on the ground at Changi for about 7.5 hours. I effectively lost a day of my holiday in the UK.
I had two complaints to BA - the EU claim and a complaint about lack of food on the flight as it was stocked for a night flight not a day flight, despite the lengthy notice BA had of the delay; and praised the crew for their efforts despite this. (We had 10 hours between dinner being served at 08.30 Singapore time and breakfast being served at 18.30.)
BA 11 was delayed due to a technical error, then crew hours, then night flight restrictions. This was stated in a letter from the BA lounge at Changi. I was notified of the delay by text and email at 18.00 GMT on 20 December so the decision to delay was made before BA11 was due to take off which indicates little effort to find an alternative plane or crew.
The EU claim was rejected "During the previous flight, we noticed a fuel leak from one of the engines of our aircraft leading to night stop. As it had been maintained in accordance with the manufacturers guidelines, this constitutes as extraordinary circumstances and could not have been avoided."
I wrote back a second time citing that I rejected that this was extraordinary circumstances and that all reasonable measures had not been taken with regards to a replacement plane and/or crew from LHR as this is BA's home base. The fact that the flight took off 15 hours late from LHR was not reasonable and meant that crew hours was the actual reason, with the originating reason the fuel leak. I asked for maintenance records to show that BA had maintained in accordance with the manufacturers' guidelines.
I then received a standard response that ignored my letter and just had a slightly different wording. "During the previous flight, we noticed a fuel leak from one of the engines of our aircraft leading to a night stop. As it had been maintained in accordance with the manufacturers guidelines, this constitutes as extraordinary circumstances and could not have been avoided. This caused a flight safety shortcoming that had to be assessed by our engineering team.
Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. I regret, therefore you are not entitled to compensation under the EU Regulation for your delayed flight."
At the same time I had requested a proof of flight delay form. BA took several weeks to provide this and have changed my gender and in this form, blamed adverse weather. I'm guessing this is just bad luck and I should request a new form for this.
Is it normal for the EU claims team to not read the letter sent to them and give a generic reply? Should I just send back my letter and ask for a response including the maintenance records? Any advice gratefully received - thanks.
I had two complaints to BA - the EU claim and a complaint about lack of food on the flight as it was stocked for a night flight not a day flight, despite the lengthy notice BA had of the delay; and praised the crew for their efforts despite this. (We had 10 hours between dinner being served at 08.30 Singapore time and breakfast being served at 18.30.)
BA 11 was delayed due to a technical error, then crew hours, then night flight restrictions. This was stated in a letter from the BA lounge at Changi. I was notified of the delay by text and email at 18.00 GMT on 20 December so the decision to delay was made before BA11 was due to take off which indicates little effort to find an alternative plane or crew.
The EU claim was rejected "During the previous flight, we noticed a fuel leak from one of the engines of our aircraft leading to night stop. As it had been maintained in accordance with the manufacturers guidelines, this constitutes as extraordinary circumstances and could not have been avoided."
I wrote back a second time citing that I rejected that this was extraordinary circumstances and that all reasonable measures had not been taken with regards to a replacement plane and/or crew from LHR as this is BA's home base. The fact that the flight took off 15 hours late from LHR was not reasonable and meant that crew hours was the actual reason, with the originating reason the fuel leak. I asked for maintenance records to show that BA had maintained in accordance with the manufacturers' guidelines.
I then received a standard response that ignored my letter and just had a slightly different wording. "During the previous flight, we noticed a fuel leak from one of the engines of our aircraft leading to a night stop. As it had been maintained in accordance with the manufacturers guidelines, this constitutes as extraordinary circumstances and could not have been avoided. This caused a flight safety shortcoming that had to be assessed by our engineering team.
Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. I regret, therefore you are not entitled to compensation under the EU Regulation for your delayed flight."
At the same time I had requested a proof of flight delay form. BA took several weeks to provide this and have changed my gender and in this form, blamed adverse weather. I'm guessing this is just bad luck and I should request a new form for this.
Is it normal for the EU claims team to not read the letter sent to them and give a generic reply? Should I just send back my letter and ask for a response including the maintenance records? Any advice gratefully received - thanks.
Jan 20, 2014, 4:27 am
#115
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CWS, is there a possibility that a wiki thread could be created whereby FT members could update on here affected BA flight numbers and dates where EU261 has been paid out on? Had it not been for another FT member assisting me with their successful case reference, I would have been preparing my compensation case for small claims court by now.
Jan 20, 2014, 4:41 am
#116
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Welcome to Flyertalk hksinglon
What I think has happened to your letter is that it has been sent to India for processing, and they either did not pick up your previous letter or were under so much time pressure that they didn't bother. Or a bit of both.
On the face of it you have a good case, also I guess BA didn't try to re-route you and even in the run up to Christmas I can't believe there weren't other options. Seeing the maintenance records is a red herring in my opinion, leaking equipment is not extraordinary, a long delay could easily have been avoided or reduced with more effort from BA.
So I'd send a short note back to BA saying "I don't believe you have read my second letter since you have simply resent your first reply. I would now like you to escalate my case for review. The circumstances behind the delay were not extraordinary and furthermore the airline could have greatly reduced my delay if reasonable measures had been followed up. If you do not confirm that you will pay my claim within the next 7 days I shall take further action without further notice, since I am unable to let matters rest there."
Jan 20, 2014, 7:24 am
#117
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How to leverage CAA in EC 261/2004 Dispute
Had a recent five hour mechanical delay on a long haul out of LHR. Not surprisingly, BA is rejecting EC 261/2004 compensation. I've read scattered reports on the internet regarding bringing in the CAA as added leverage before filing legal action against BA. Any experiences as to how to best do this?
Jan 20, 2014, 7:30 am
#118
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After 8 months of waiting I finally got the following email from BA yesterday:-
Dear BerksFlyer
Following a review of your claim, you are entitled to compensation for the cancellation of your flight, the BA764 on 24 May 2013. The distance of your disrupted flight, as calculated in accordance with EU legislation, was 1500km or less. Based on this, you are entitled to €250.00 in compensation.
As there is one passenger included in the claim, the total compensation due is €250.00. This has been converted locally to £207.34 ........
Having been in correspondence with BA a few times over this issue they have repeatedly claimed that no compensation would be paid for the BA762 incident. I wonder what changed their mind?
I would imagine this will cost BA a fair bit given the number of people who were delayed for a very long time on that day. My delay was just over 7 hours.
Dear BerksFlyer
Following a review of your claim, you are entitled to compensation for the cancellation of your flight, the BA764 on 24 May 2013. The distance of your disrupted flight, as calculated in accordance with EU legislation, was 1500km or less. Based on this, you are entitled to €250.00 in compensation.
As there is one passenger included in the claim, the total compensation due is €250.00. This has been converted locally to £207.34 ........
Having been in correspondence with BA a few times over this issue they have repeatedly claimed that no compensation would be paid for the BA762 incident. I wonder what changed their mind?
I would imagine this will cost BA a fair bit given the number of people who were delayed for a very long time on that day. My delay was just over 7 hours.
Jan 20, 2014, 7:52 am
#119
Join Date: Jan 2014
Posts: 44
Had a flight booked on the 24th of July 2013 going from LCY to Edinburgh. A.night before the flight I got a text from ba that the flight is canceled. We were 3 people in the booking + an infant in separate but attached booking. To make a long story short , I couldn't take a later flight I had to take out a car and drive up to Scotland. Cost me a few hundred pounds car + petrol. Sent in complaint to ba CR got response that their was a technical fault in the aircraft so had to cancel flight so no compensation is due. Any advise?
Jan 20, 2014, 11:58 am
#120
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Had a flight booked on the 24th of July 2013 going from LCY to Edinburgh. A.night before the flight I got a text from ba that the flight is canceled. We were 3 people in the booking + an infant in separate but attached booking. To make a long story short , I couldn't take a later flight I had to take out a car and drive up to Scotland. Cost me a few hundred pounds car + petrol. Sent in complaint to ba CR got response that their was a technical fault in the aircraft so had to cancel flight so no compensation is due. Any advise?