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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 May 13, 15, 6:54 am
  #571  
 
Join Date: May 2012
Location: London, UK
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Originally Posted by bigRW View Post
Hi.

My return flight las Lhr was delayed because a fuel valve broke on the inbound plane. They fixed it in a few hours but were refused permission to land by las so we had a 20 hour delay. We were also told it was because the plane could land but the crew wouldn't have enough rest time.

Is eu compensation due here do you think? Surely the underlying reason for the delay is the plane going tech?
I think you would have a very good case for making a claim.
The outbound aircraft was spewing fuel all over T5 B in the high winds..... I have photo/video of this ever you need them for your claim.
BA may have opted to repair this but as LHR is the primary operating base for the airline there is an expectation under the directive that airlines will (within reason) have back up aircraft on standby or substitution when such events occur. Same with crews. If BA have chosen not to deploy an alternative aircraft or supply an alterative crew to minimalize the delay, especially when the problem occurs at home base then they are liable to pay out for the delay.

BA paid out on a similar situation to a flight I took AUH-LHR earlier this year where the delay affected the aircraft operating the outbound sector. It was an operational decision of the airline to maintain the existing aircraft in service than to sub an alternative.
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Old May 14, 15, 3:45 am
  #572  
 
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Originally Posted by 1Aturnleft View Post
I think you would have a very good case for making a claim.
The outbound aircraft was spewing fuel all over T5 B in the high winds..... I have photo/video of this ever you need them for your claim.
BA may have opted to repair this but as LHR is the primary operating base for the airline there is an expectation under the directive that airlines will (within reason) have back up aircraft on standby or substitution when such events occur. Same with crews. If BA have chosen not to deploy an alternative aircraft or supply an alterative crew to minimalize the delay, especially when the problem occurs at home base then they are liable to pay out for the delay.

BA paid out on a similar situation to a flight I took AUH-LHR earlier this year where the delay affected the aircraft operating the outbound sector. It was an operational decision of the airline to maintain the existing aircraft in service than to sub an alternative.
Thank you very much for this. The only problem I can see is that the ground staff said they did then try to send a substitute aircraft (several hours later) but were denied landing by immigration....
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Old May 14, 15, 3:57 am
  #573  
 
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Originally Posted by bigRW View Post
Thank you very much for this. The only problem I can see is that the ground staff said they did then try to send a substitute aircraft (several hours later) but were denied landing by immigration....
I would put your claim in for the delay and see how BA respond. You may be worrying about nothing. I was delayed due to a tech issue on the incoming plane and BA approved the claim and laid within days.
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Old May 14, 15, 10:30 am
  #574  
 
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Thanks .... will reply quoting Euro Control notice in your linked thread. It's supported by my photos of the departure boards showing no other cancellations at that time.
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Old May 16, 15, 1:39 pm
  #575  
 
Join Date: Dec 2011
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Hello all,

After a lovely two weeks holiday I had a little trouble getting home from Calgary last weekend when the plane (ba102) developed a fault which was only fixed by a part sent on the next days outbound - meaning it was delayed by over a day.

Ba did OK for us with a nice hotel, and a call to the exec club got both myself and my girlfriend rebooked onto the next days ba102 rather than waiting for the repair (which we weren't certain about time frames of).

I have sent off a claim for 600 EUR for each of us to cover the delay via the web form, however there is an additional complexity that I could do with advice on.

My girlfriend was on a separate booking to me, booked into wt+. When originally checking in for the flight she accepted an aup to cw. When the rebooking was performed this was recognised and shown as a cw reservation. However, on check in to the second flight she was downgraded back to wt+ (we weren't the only people who rebooked!)

Both the gate staff and lounge staff said we would get a prepaid debit card for 200 pounds compensation PLUS the cost of the aup. However, when the card finally arrived (10 minutes before takeoff) it was only for 200 GBP.

There was not time to fix this before the flight and the staff apologised for this mistake and said the amount should be automatically credited and if not to do a "fare difference" claim on the website.

Does anyone have any idea of how long I should wait for the "automatic" refund(I'm not sure how much confidence I have) and has anyone made a "fare difference" claim before - after searching I can't seem to find any info on this.

Many thanks for any thoughts.
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Old May 16, 15, 1:46 pm
  #576  
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Put the EC261 claim in for the delay ( EUR600 - GBP200 assuming you both received prepaid cards )

Separately contact BA for the refund of the upgrade . I would do this straight away

These are 2 separate things ; just deal with them separately
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Old May 16, 15, 2:00 pm
  #577  
 
Join Date: Dec 2011
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That was my instinct - just to clarify the 200 GBP was downgrade compensation which only my girlfriend received. No compensation for the delay was mentioned which is why I have already submitted two eu261 claims for the full 600 EUR.

Is phone best for chasing the upgrade refund, or will the web form get results?
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Old May 16, 15, 2:18 pm
  #578  
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Originally Posted by londonsmiler View Post
That was my instinct - just to clarify the 200 GBP was downgrade compensation which only my girlfriend received. No compensation for the delay was mentioned which is why I have already submitted two eu261 claims for the full 600 EUR.

Is phone best for chasing the upgrade refund, or will the web form get results?
In which case, put in a submission for 2 x EUR600 claims

I would contact customer relations about the upgrade refund. Personally I would phone

Was she reticketed into business class when she purchased the upgrade? If she was ticketed in business class, then she would be entitled to EC261 downgrade compensation rather than a refund of the extra amount paid
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Old May 16, 15, 2:35 pm
  #579  
 
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Originally Posted by Dave Noble View Post
Was she reticketed into business class when she purchased the upgrade? If she was ticketed in business class, then she would be entitled to EC261 downgrade compensation rather than a refund of the extra amount paid
Yes, she was. However we'd happily go for the promised "bird in the hand" of the offered refund rather than the unknown potential battle of another claim under eu261 that I suspect will be going through the rounds of "exceptional circumstances".

No interest in being greedy here, just interested in getting what was promised
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Old May 16, 15, 2:41 pm
  #580  
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Originally Posted by londonsmiler View Post
Yes, she was. However we'd happily go for the promised "bird in the hand" of the offered refund rather than the unknown potential battle of another claim under eu261 that I suspect will be going through the rounds of "exceptional circumstances".

No interest in being greedy here, just interested in getting what was promised
Exceptional circumstances does not apply to downgrade compensation
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Old May 16, 15, 3:29 pm
  #581  
 
Join Date: Dec 2011
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Bit of a speculative claim here...

Was booked on BA188 (EWR-LHR, departs 21:25) back in 2012 which was cancelled. I was rebooked same day onto BA184 (EWR-LHR, departs 18:25).

Obviously I was not delayed per-say, but inconvenienced by being rebooked onto the flight at 18:25 which was 3 hours earlier having to cut my trip slightly short.

I think the reason for the delay was mechanical, but in reality I don't really remember.

Am I able to make a claim?
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Old May 16, 15, 3:31 pm
  #582  
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The reason matters

Assuming it is a reason that allows a claim

With the cancellation, yes you are entitled to compensation as long as you were informed < 2 weeks before departure
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Old May 16, 15, 4:00 pm
  #583  
 
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Originally Posted by Dave Noble View Post
The reason matters

Assuming it is a reason that allows a claim

With the cancellation, yes you are entitled to compensation as long as you were informed < 2 weeks before departure
Indeed. Fairly sure it was mechanical.
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Old May 17, 15, 6:41 am
  #584  
 
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Currently experiencing my first majorly delayed flight.

Due to go NCL-LHR at 6:10 this morning but after pulling out we were taken back as one of the brakes was broken.

I've missed my connecting flight (LHR-ZAG) at 8:30. Currently 8 hours delayed and still waiting at gate. Promised vouchers never showed up so we've bought food and kept receipts. Do we just post these off when we claim for compensation?

I expect when we get to heathrow we'll get hotel and be booked onto the next flight tomorrow, again do we buy dinner and keep receipts? Is there a 'limit' I need to stick to?
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Old May 17, 15, 6:49 am
  #585  
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Originally Posted by GemmaC25 View Post
I've missed my connecting flight (LHR-ZAG) at 8:30. Currently 8 hours delayed and still waiting at gate. Promised vouchers never showed up so we've bought food and kept receipts. Do we just post these off when we claim for compensation?

I expect when we get to heathrow we'll get hotel and be booked onto the next flight tomorrow, again do we buy dinner and keep receipts? Is there a 'limit' I need to stick to?
Yes, keep the receipts, there's no formal limit, but just be sensible about it. A few quid won't be challenged, and if it gets to dinner this evening you can put a bit of wine or beer towards it. Normally BA's hotel deal would include a buffet evening meal in their voucher.

They may re-route you, I see some options via VIE, MUC and BCN, but the services look fairly full, so you may be right. Please let us know what happens when you get to London.

Welcome to Flyertalk GemmaC25, I'm sorry about the hassle, particularly out of one of my home airports, and it looks like they will try to take to the air around 14:30 at the moment. It's a pity you did not get shifted to the midday flight, but that presumably was full too. Welcome to this forum nevertheless.

Extra thought: if you are first off the aircraft, go to the Connections desk by the jetty. However there are only 2 or 3 agents there, so if there is a filthy queue - which won't move quickly - leave airside via the exit, head up to departures zone E, where there will be more staff. Keep an eye out for your flight number on anyone with a tablet as you leave the aircraft in T5, you almost certainly will be rebooked. If you refresh the App on your smartphone you may see what they have done.

Last edited by corporate-wage-slave; May 17, 15 at 6:55 am
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