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The 2015 BA compensation thread: Your guide to Regulation 261/2004

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The 2015 BA compensation thread: Your guide to Regulation 261/2004

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Old Feb 25, 2015, 4:38 am
  #256  
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Originally Posted by Dave Noble
not sure how it would kick in for anyone travelling beyond Heathrow. The 70 minutes earlier arrival should just give connecting passengers more time to meet their connections
You are correct. I had misread it as 70 minutes later, rather than earlier.
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Old Feb 25, 2015, 5:27 am
  #257  
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Originally Posted by Mjspin
Hi, hoping someone can give me some guidance regarding compensation for a problem journey a few weeks ago.

My route was due to be MAN-LHR-PHL (BA1399/BA69) on 8th Feb. My MAN-LHR flight arrived 32 minutes late. During the flight an announcement was made for a few people with various onward connections to visit connections on arrival for information. When I arrived my flight was still boarding and although I know T5 is a big place I may have made the flight which incidentally left 25 mins late and so only cut my connection time by 7 minutes.
I am sorry to read about this very difficult outcome. It must have made for a very difficult 3 days for you.

If I'm correct, you were scheduled to arrive at 16:00 hrs in T5, and then departure at 17:05. So this is close to the minimum connection time, and there is always a risk that that a small delay could have this impact.

It sounds like you were rebooked automatically, and at the time that would have made sense: at that stage they were assuming an on time departure for the PHL service, so there wasn't much chance of you making that aircraft as it was presumably a bus departure from A10 and the last bus would have run at 16:45, or the B gates, and you were in Flight Connections around 16:35. Thereafter it transpires (if it wasn't A10) that you could have boarded later. So in terms of your final question - if you were HBO you could have asked them to ring the gate to ask if you could be reloaded. Or gone for a longer connection in the first instance.

In terms of EC261 compensation, you may well be eligible, but it all hinges on the precise reason for the Manchester delay. If it was due to weather or ATC delays then that will probably prevent you from getting statutory compensation - you can still ask for customer service remediation instead. If it was purely down to BA's Ops - or weather issues elsewhere/earlier in the day, then you may have a claim, but again it depends on the precise reason. You couldn't really ask for a cabin upgrade, if you had a really long delay you could perhaps ask for lounge access if you were not otherwise entitled.
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Old Feb 25, 2015, 7:56 am
  #258  
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Originally Posted by corporate-wage-slave
It sounds like you were rebooked automatically, and at the time that would have made sense
[...]
In terms of EC261 compensation, you may well be eligible, but it all hinges on the precise reason for the Manchester delay. If it was due to weather or ATC delays then that will probably prevent you from getting statutory compensation
I disagree: even if the original event happens to be an extraordinary circumstance, it is still incumbent on BA, if they want to avoid compensation, to establish that they had done everything reasonably possible to avoid the delay.
It is not enough to show that there is some kind of reasoning by which one can understand how a decision to offload might conceivably have been taken. The bar is much higher than that. According to the CJEU in Wallentin-Hermann, the carrier must show that "even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able – unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time" to prevent the delay/cancellation.
Thus, unless BA can establish that they took all the measures that were "technically and economically viable" to avoid the delay (rather than merely showing that what they did was not completely bonkers), they should be liable for the delay.
Given that the flight landed only 32 mins late and that, moreover, the onward flight was itself delayed by a comparable amount, it seems to me that BA falls well short of the standard specified in Wallentin-Hermann to avoid the duty to compensate.
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Old Feb 25, 2015, 8:53 am
  #259  
 
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Hey guys,
Recently had successful contact eith Ba regarding a claim.
However its been a few days since passing on bank details and nothing has came through.

Was wondering if anyone has experience of how long it can take for transfers? Starting to wonder if bank details were sent correctly.
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Old Feb 25, 2015, 9:35 am
  #260  
 
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Originally Posted by Anth86
Hey guys,
Recently had successful contact eith Ba regarding a claim.
However its been a few days since passing on bank details and nothing has came through.

Was wondering if anyone has experience of how long it can take for transfers? Starting to wonder if bank details were sent correctly.
~5 working days.
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Old Feb 25, 2015, 9:58 am
  #261  
 
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Originally Posted by cristo
~5 working days.
Been 4, cheers bud
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Old Feb 25, 2015, 10:09 am
  #262  
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Originally Posted by Anth86
Hey guys,
Recently had successful contact eith Ba regarding a claim.
However its been a few days since passing on bank details and nothing has came through.

Was wondering if anyone has experience of how long it can take for transfers? Starting to wonder if bank details were sent correctly.
Originally Posted by Anth86
Been 4, cheers bud
Hello Anth86 and a warm welcome to FlyerTalk and the BA board in particular. Glad you've had success with the claim and I'm sure that now it's been approved, the cash will follow. Please do continue to post and contribute. We look forward to seeing you around.
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Old Feb 25, 2015, 10:57 am
  #263  
 
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Could this be a valid claim:

On Feb 23 I flew ORY-LHR-BOS. The flight from ORY-LHR departed an hour late. The pilot said that the plane landed in ORY late, and then we missed our slot to leave. This made me miss the connection at LHR. I was moved to BA239 which arrived at 9:50pm (according to flightaware.com), instead of BA203 which was scheduled to arrive at 17:55.

So I arrived 3 hour and 55 minutes late. Am looking at the right times or does this count as a rerouting because I was put on a different flight than I was originally supposed to fly on? Should I ask for compensation?
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Old Feb 25, 2015, 11:31 am
  #264  
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Originally Posted by zachbb
Could this be a valid claim:

On Feb 23 I flew ORY-LHR-BOS. The flight from ORY-LHR departed an hour late. The pilot said that the plane landed in ORY late, and then we missed our slot to leave. This made me miss the connection at LHR. I was moved to BA239 which arrived at 9:50pm (according to flightaware.com), instead of BA203 which was scheduled to arrive at 17:55.

So I arrived 3 hour and 55 minutes late. Am looking at the right times or does this count as a rerouting because I was put on a different flight than I was originally supposed to fly on? Should I ask for compensation?
If you were involuntarily rerouted, yes.
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Old Feb 25, 2015, 12:55 pm
  #265  
 
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Originally Posted by Calchas
If you were involuntarily rerouted, yes.
That's the bit I don't understand.

I was moved from my original LHR-BOS flight (that I missed) to the last LHR-BOS flight of the day. Is that being "involuntarily rerouted"?

Also, I had other issues on the flight - broken seat (the fabric appeared to be disconnected and there was a very springy protruding element on my lower back) as well as broken inflight entertainment. Should I ask for avios for these in the same email as the 261/2004 claim?

Last edited by zachbb; Feb 25, 2015 at 1:04 pm
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Old Feb 25, 2015, 1:59 pm
  #266  
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Originally Posted by zachbb
Could this be a valid claim:

On Feb 23 I flew ORY-LHR-BOS. The flight from ORY-LHR departed an hour late. The pilot said that the plane landed in ORY late, and then we missed our slot to leave. This made me miss the connection at LHR. I was moved to BA239 which arrived at 9:50pm (according to flightaware.com), instead of BA203 which was scheduled to arrive at 17:55.

So I arrived 3 hour and 55 minutes late. Am looking at the right times or does this count as a rerouting because I was put on a different flight than I was originally supposed to fly on? Should I ask for compensation?
If the flight from Paris to London was delayed by a reason which is covered by EC261, then you are entitled to compensation of EUR300 for the delayed arrival into Boston

Delay is based on time of delay in arriving at final destination which is Boston
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Old Feb 25, 2015, 2:02 pm
  #267  
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Originally Posted by zachbb
That's the bit I don't understand.

I was moved from my original LHR-BOS flight (that I missed) to the last LHR-BOS flight of the day. Is that being "involuntarily rerouted"?
Your late arrival was involuntary, so you are owed compensation, unless it was weather-induced.

Originally Posted by zachbb
Also, I had other issues on the flight - broken seat (the fabric appeared to be disconnected and there was a very springy protruding element on my lower back) as well as broken inflight entertainment. Should I ask for avios for these in the same email as the 261/2004 claim?
Separately I think.
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Old Feb 25, 2015, 2:07 pm
  #268  
 
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Originally Posted by zachbb
Also, I had other issues on the flight - broken seat (the fabric appeared to be disconnected and there was a very springy protruding element on my lower back) as well as broken inflight entertainment. Should I ask for avios for these in the same email as the 261/2004 claim?
What did they say onboard when you pointed out these problems to the cabin crew? Last time I had an issue, the CSD entered the details on his ipad and I had a service recovery email before I reached my hotel.
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Old Feb 25, 2015, 5:03 pm
  #269  
 
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I was moved to another seat.

Thanks for all of the replies. I sent two emails using the webform, one for EU compensation for the delay, and another one for the unpleasant conditions in the air. Will keep everyone updated
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Old Feb 26, 2015, 12:57 am
  #270  
 
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Avios for the minor inconvenience of being moved seats?
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