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

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

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Old Mar 31, 15, 12:22 am
  #436  
 
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Good morning All,

I woke up to find that BA have cancelled my flight from LBA to LHR this morning. All other flights are leaving fine so this is not weather related. I have been rebooked on a flight leaving this afternoon but the delay is 5 hours.

I wish to apply for compensation via my BAEC account online and see from the instructions on the first post of this thread: "login via your BAEC account, at the bottom of the page go to Help and Contacts, then Contact Us - "email us via our webform".

Where is this webform though? There are so many different options. Within 'Delayed or Cancelled flights' there is only a form to claim for expenses incurred following a disruption. I do not think this is it. Any guidance welcome!

Cheers,

J.
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Old Mar 31, 15, 1:42 am
  #437  
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Originally Posted by Scallywag72 View Post
Where is this webform though? There are so many different options. Within 'Delayed or Cancelled flights' there is only a form to claim for expenses incurred following a disruption. I do not think this is it. Any guidance welcome!
They seem to have expanded the options.

You can just use the general Complaint form, so long as you clearly state "I wish to claim EC/261" - see the penultimate box here:

http://www.britishairways.com/en-gb/...n-compensation

And that form is currently here:
http://www.britishairways.com/travel...club/_gf/en_gb

And the alternative postal address has slightly changed:
British Airways Customer Relations
EU Compensation Claims
PO Box 1126
Uxbridge
UB8 9XS
United Kingdom

I will update the earlier post.
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Old Mar 31, 15, 8:26 am
  #438  
 
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Originally Posted by corporate-wage-slave View Post
The relevant clause says:



So you're on firm grounds on that aspect. Equally if you can demonstrate that your one hour delay was actually 3 hours if you add on any extra travel time (which I suspect would be tricky since it takes under 90 minutes to get from LCY to LHR).
So I wasn't completely accurate, the actual flight arrived 85 minutes later thanthe LCY-NCE flight was scheduled. Citymappr tells me it takes 98 minutes to get to LHR from LCY - i.e. a total time of 183 minutes.

Does my additional journey time count as delay? Does the fact that I went to LHR directly from my house as opposed to travelling first to LCY and then my house make any difference to a claim?
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Old Mar 31, 15, 8:35 am
  #439  
 
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Originally Posted by eshroom View Post
So I wasn't completely accurate, the actual flight arrived 85 minutes later thanthe LCY-NCE flight was scheduled. Citymappr tells me it takes 98 minutes to get to LHR from LCY - i.e. a total time of 183 minutes.

Does my additional journey time count as delay? Does the fact that I went to LHR directly from my house as opposed to travelling first to LCY and then my house make any difference to a claim?
how far in advance were you advised of the cancellation?
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Old Mar 31, 15, 8:42 am
  #440  
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Originally Posted by eshroom View Post
Does my additional journey time count as delay? Does the fact that I went to LHR directly from my house as opposed to travelling first to LCY and then my house make any difference to a claim?
I'm not sure there's anything specific on that point in the Regulations or in case law. I personally think you would be on stronger ground if you were able to say you were required to leave the home x minutes early and got there y minutes later, which thereby gave a three hour delay plus. But that said, this was an arrangement to which you agreed in advance. So personally I don't think this is the strongest argument I've seen here.

Incidentally, though you have found an App which says it takes 98 minutes, not only do I know from personal experience that it doesn't take that long, but Transport for London says it take 70 minutes. So I think you would need to be careful on that one.
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Old Mar 31, 15, 9:55 am
  #441  
 
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Originally Posted by caz312 View Post
how far in advance were you advised of the cancellation?
It was a nightmare. I was informed 48 hours in advance and spent 155 minutes on the phone trying to change the flight.

I don't think I have ever spent 155 minutes on the phone to anyone. I put it down to a new/badly trained call center operator.

I was unable to make the change online as for some reason it was locked on an even later fight from LHR.

Originally Posted by corporate-wage-slave View Post
Incidentally, though you have found an App which says it takes 98 minutes, not only do I know from personal experience that it doesn't take that long, but Transport for London says it take 70 minutes. So I think you would need to be careful on that one.
True, but that either involves a taxi or multiple modes of public transport with 4 changes.
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Old Mar 31, 15, 9:59 am
  #442  
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Originally Posted by eshroom View Post
I don't think I have ever spent 155 minutes on the phone to anyone.
My wife's record on Skype to the UK is 4 hours 33 minutes (including a toilet break). Admittedly she was talking with her best friend.
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Old Mar 31, 15, 1:58 pm
  #443  
 
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Originally Posted by golfmad View Post
Oh dear. Looks like you've learned the hard way not to pack house or car keys in checked luggage. Hopefully you will receive your bag back in advance of your next trip. Given that you were on your return leg and are now at home it's hard to imagine any concrete compensation other than perhaps a few Avios for the inconvenience you've experienced. Also, your travel insurance probably won't cover you given that you were headed home.

If the bag doesn't arrive prior to the next trip you should be able to have the airline send it to meet you but that might not be overly helpful either.
Thanks all, still no sign of the bag, BA say it is with the couriers... the couriers deny having it.....
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Old Apr 2, 15, 5:13 am
  #444  
 
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Follow up from my earlier posting about the 22 hour delay. Claimed 600 for EU261, by MCOL and got the payout this morning.

Now its on to why they didnt reroute me as they were legally obligated to do.
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Old Apr 2, 15, 2:43 pm
  #445  
 
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As an update on my claim for the delayed BA10 in October last year I have also had a full payout after MCOL action. The reply from BA said they reconsidered the case after the MCOL claims came through and realised it has in fact been eligible for EU261 payment. Only took 5 months fighting to get it out of them. Thanks to all here for the advice and suggestions.
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Old Apr 3, 15, 5:20 am
  #446  
 
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Hi fellow fliers, I have a pending compensation claim and I would like your expert advice. All thoughts much appreciated.

I had a flight from LHR to IAH, which then had two forward connections on AA (all booked on one ticket). The BA flight to Houston departed LHR late, which had the knock-on effect of me missing the first connecting flight and then, once I was finally re-booked, also the second. I eventually made it to my final destination the following day. In terms of hours, I believe I was approximately thirteen hours delayed to my final destination.

I filed a claim for compensation and BA have rejected this, on the basis that they are not *entirely* to blame for the situation, though they appear to take part-blame. The flight pushed back from the gate late, due to BA's fault (no one seems to contest this at BA--but it was clear anyway at the time), but this had the knock-on effect of BA missing their scheduled take-off time slot at LHR. We sat and sat and sat and sat, and the pilot even made an announcement that this was because we had missed our scheduled departure time and had to apply for a new slot. BA are claiming that they are not responsible once they push back from the gate, even though we pushed back from the gate late, and that ATC rescheduling them is not their fault. To me, this seems very unfair since this was a knock-on effect of them missing their scheduled slot. Interestingly, when I first filed the claim, BA responded immediately asking for confirmation from AA on the flights onto which I was rebooked, to have written confirmation that I did, indeed, arrive that late. I wrote to AA, who provided this (copying me in), and on the AA letter it had the official reason for the BA delay as 'Operational'. After a period of silence, I then received the rather desperate rejection from BA blaming (partly) someone else.

I feel certain that I must be correct, but I would like your expert advice. Thoughts?
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Old Apr 3, 15, 5:36 am
  #447  
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From what you say, the initial delay is BA's fault and rescheduling a slot for takeoff is part of BA's responsibility

You then arrived at final destination > 4 hours late

It would seem to me that the airline is responsible
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Old Apr 3, 15, 1:00 pm
  #448  
 
Join Date: Apr 2015
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A quick question on "Duty of Care" to see if anyone has been told similar by BA lately?

Flight from EDI-LCY cancelled. Transferred onto EDI-LHR and had to take a taxi to our destination an hour from LHR (but 10 mins from LCY!)

BA only refunding 50 of the 90 taxi fare. It's not the money - it's the principle. I have never heard of this before form BA but have been told repeatedly it's "policy"?? Also have never had them say this to me ( BA Gold also) before and I have submitted quite a few taxi receipts due to delays / cancellations before.

What is going on at BA these days??? Anyone can offer any info? I have been told that the 50 decision is final so not fighting with them any more but just wondering others experience lately with any "out of pocket / duty of care" claims?
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Old Apr 3, 15, 1:44 pm
  #449  
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Originally Posted by mayonaise View Post
BA only refunding 50 of the 90 taxi fare. It's not the money - it's the principle. I have never heard of this before form BA but have been told repeatedly it's "policy"?? Also have never had them say this to me ( BA Gold also) before and I have submitted quite a few taxi receipts due to delays / cancellations before.
Welcome to Flyertalk mayonaise, it would be good to see you in the other parts of this resource too.

I've never claimed a taxi from BA but I'm aware there is indeed a 50 limit that they apply, or at least try to apply. I've also heard of people who have rung up BA to complain about that getting the full amount paid. On the other hand the Uber cost from LHR to East London is 47.

Under EC/261 BA may well be liable for the additional transport costs, but I imagine they would expect you to make some use of public transport rather than a taxi and it's not clear from the Regulations whether that approach, or your approach, is correct. It just says that BA is potentially responsible for the "cost of transferring the passenger".
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Old Apr 3, 15, 1:52 pm
  #450  
 
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Originally Posted by OneWorldSapphire View Post
Hi fellow fliers, I have a pending compensation claim and I would like your expert advice. All thoughts much appreciated.

I had a flight from LHR to IAH, which then had two forward connections on AA (all booked on one ticket). The BA flight to Houston departed LHR late, which had the knock-on effect of me missing the first connecting flight and then, once I was finally re-booked, also the second. I eventually made it to my final destination the following day. In terms of hours, I believe I was approximately thirteen hours delayed to my final destination.

I filed a claim for compensation and BA have rejected this, on the basis that they are not *entirely* to blame for the situation, though they appear to take part-blame. The flight pushed back from the gate late, due to BA's fault (no one seems to contest this at BA--but it was clear anyway at the time), but this had the knock-on effect of BA missing their scheduled take-off time slot at LHR. We sat and sat and sat and sat, and the pilot even made an announcement that this was because we had missed our scheduled departure time and had to apply for a new slot. BA are claiming that they are not responsible once they push back from the gate, even though we pushed back from the gate late, and that ATC rescheduling them is not their fault. To me, this seems very unfair since this was a knock-on effect of them missing their scheduled slot. Interestingly, when I first filed the claim, BA responded immediately asking for confirmation from AA on the flights onto which I was rebooked, to have written confirmation that I did, indeed, arrive that late. I wrote to AA, who provided this (copying me in), and on the AA letter it had the official reason for the BA delay as 'Operational'. After a period of silence, I then received the rather desperate rejection from BA blaming (partly) someone else.

I feel certain that I must be correct, but I would like your expert advice. Thoughts?
BA are fully au fait with the risks associated (to schedule keeping) of missing their slot. If they can not push back on time, it us their fault, not that of ATC. They are hiding behind a loop hole where by the stand was needed for another aircraft. They gave been asked to push back by ATC and absorb the delay on taxi lanes, whilst waiting for a new slot. The 'block to block' time for the flight started when they left the gate and all subsequent delay can be out down to ATC and not BA. That is why you are being swindled here. I would proceed as per the infamous post.
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