The 2015 BA compensation thread: Your guide to Regulation 261/2004
Jun 10, 2015, 7:25 am
#706
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,581
Strange reading of the legislation. 
The only mention of scheduled arrival is of the original flight. Neither the "scheduled arrival time of the flight original booked" or the "arrival time" of the re-route is open to interpretation.
There are the only two times only to deal with and if these exceed 4 hours then the 50% reduction cannot be applied.
The only mention of scheduled arrival is of the original flight. Neither the "scheduled arrival time of the flight original booked" or the "arrival time" of the re-route is open to interpretation.
There are the only two times only to deal with and if these exceed 4 hours then the 50% reduction cannot be applied.
At the time of rebooking as long as the new flight is not delayed , then the passenger has been offered a flight where the arrival time does not exceed the scheduled arrival time > 4 hours.
It would require psychic skills to know that that flight would subsequently be delayed and hardly a reasonable expectation for the airline to know
I would see that there is potential to get 2 x EC261 clains if flight 1 is due compensation and then the new flight is then delayed by 4 hours itself
It might be successfully argued that the actual arrival time should be used , however it may well be successfully argued that once the rebooking was completed, that the liability of airline 1 is over
I wouldn't say it is a clear cut case - if BA was just refusing to pay out entirely, then would be worth pursuing, but on this case I know that I would not take the risk of losing and just take the EUR300
Jun 10, 2015, 7:41 am
#707
Join Date: Oct 2003
Location: London
Posts: 3,500
It isn't a strange reading.
It would require psychic skills to know that that flight would subsequently be delayed and hardly a reasonable expectation for the airline to know
I would see that there is potential to get 2 x EC261 clains if flight 1 is due compensation and then the new flight is then delayed by 4 hours itself
It would require psychic skills to know that that flight would subsequently be delayed and hardly a reasonable expectation for the airline to know
I would see that there is potential to get 2 x EC261 clains if flight 1 is due compensation and then the new flight is then delayed by 4 hours itself
The arrival time was over 4 hours passed the scheduled arrival time - hence €600 is due. Super simple.
Jun 10, 2015, 8:15 am
#708
Join Date: Nov 2014
Posts: 935
It isn't a strange reading.
At the time of rebooking as long as the new flight is not delayed , then the passenger has been offered a flight where the arrival time does not exceed the scheduled arrival time > 4 hours.
It would require psychic skills to know that that flight would subsequently be delayed and hardly a reasonable expectation for the airline to know
I would see that there is potential to get 2 x EC261 clains if flight 1 is due compensation and then the new flight is then delayed by 4 hours itself
It might be successfully argued that the actual arrival time should be used , however it may well be successfully argued that once the rebooking was completed, that the liability of airline 1 is over
I wouldn't say it is a clear cut case - if BA was just refusing to pay out entirely, then would be worth pursuing, but on this case I know that I would not take the risk of losing and just take the EUR300
At the time of rebooking as long as the new flight is not delayed , then the passenger has been offered a flight where the arrival time does not exceed the scheduled arrival time > 4 hours.
It would require psychic skills to know that that flight would subsequently be delayed and hardly a reasonable expectation for the airline to know
I would see that there is potential to get 2 x EC261 clains if flight 1 is due compensation and then the new flight is then delayed by 4 hours itself
It might be successfully argued that the actual arrival time should be used , however it may well be successfully argued that once the rebooking was completed, that the liability of airline 1 is over
I wouldn't say it is a clear cut case - if BA was just refusing to pay out entirely, then would be worth pursuing, but on this case I know that I would not take the risk of losing and just take the EUR300
BA would equally be trying to pay 50% compensation if the re-routed flight arrived earlier than the 4 hours even if it wasn't scheduled to.
Jun 11, 2015, 1:16 am
#709
Join Date: Jun 2015
Posts: 4
Many thanks for the warm welcome and really appreciate everyone taking the time to reply no whater what your opinion is
^
My own take on the situation is similar to 710 77345 and Strichener's view in that the actual arrival was in excess 4 hours after the original scheduled arrival therefore €600 is payable per person
So, where do you suggest I go from here given that BA seem to be digging their heels in. Letter before claim then MCOL if no response or raise it with the CAA?
My own take on the situation is similar to 710 77345 and Strichener's view in that the actual arrival was in excess 4 hours after the original scheduled arrival therefore €600 is payable per person
It is, as you're forgetting that the compensation is paid after the flight has landed and the compo is based on how inconvenienced the passenger is -not how hard the airline tried to fix things.
The arrival time was over 4 hours passed the scheduled arrival time - hence €600 is due. Super simple.
The arrival time was over 4 hours passed the scheduled arrival time - hence €600 is due. Super simple.
Jun 11, 2015, 12:07 pm
#711
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,581
If you feel confident in winning, then go to MCOL. Do not be surprised though if BA does defend the claim and be prepared that you may not win and so be out the cost of raising the claim if you lose
Jun 11, 2015, 12:22 pm
#712
Original Member
Join Date: May 1998
Location: NJ
Posts: 3,335
For reference of others, BA has confirmed that we are entitled to the 600 Euro compensation each, and is wire transferring it to my bank.
We were scheduled on Flt. BA 68 on May 14 to LHR from PHL, and then onward to Marseille for our vacation. About 7 hours before our 10 p.m. flight, got a text from BA saying our flight was postponed until 10 a.m. the next morning (15th). Crew said combination of mechanical and crew time out.
On the 15th, arrived LHR at about 10 p.m., and no late onward flight to MRS at that hour. BA provided hotel and meal vouchers, we reached MRS a day later on the 16th, than originally intended (should have been there on the 15th).
As I see it, BA owes us each 600 Euros compensation for the delay pursuant to 261/2004.
Have recently contacted them but have not heard back yet.
I am correct on this compensation, am I not? (And it does not matter than our travel insurance will compensate for the pre-paid hotel night that we forfeited on the 15th in France, as I read it.)
Thanks all.
On the 15th, arrived LHR at about 10 p.m., and no late onward flight to MRS at that hour. BA provided hotel and meal vouchers, we reached MRS a day later on the 16th, than originally intended (should have been there on the 15th).
As I see it, BA owes us each 600 Euros compensation for the delay pursuant to 261/2004.
Have recently contacted them but have not heard back yet.
I am correct on this compensation, am I not? (And it does not matter than our travel insurance will compensate for the pre-paid hotel night that we forfeited on the 15th in France, as I read it.)
Thanks all.
Jun 12, 2015, 12:59 am
#713
Join Date: Jun 2015
Posts: 4
Thanks for the replies.
I do feel confident in winning, but it would also be good to have a definitive ruling in this situation so it may assist others in the future. Nothing ventured, nothing gained!
Will obviously keep the forum updated in due course.
Will obviously keep the forum updated in due course.
Jun 12, 2015, 4:29 am
#714
Join Date: Feb 2005
Location: London
Programs: BAEC Gold, IHG Spire Ambassador, Starbucks Gold,
Posts: 624
Hi team,
Hoping for your collective wisdom on this one...
BA1489 GLA-LHR was delayed last week, arriving 170 minutes after scheduled arrival time. BA have refused compensation under EC261/2004 as the delay was not over 180 minutes.
My reading of the legislation is that in Article 6.1, a delay on a flight of less than 1500km is defined as arriving at least 120 minutes after the scheduled arrival time. GLA - LHR is a distance of 554km so it would count. Therefore, according to Article 7.1, 250EUR compensation per passenger is due?
I cannot see where there is any reference in the legislation to a 180+min delay being the threshold for compensation. Is anyone able to point me in the right direction? Do I have a case that is worth pursuing or am I reading it wrong and I need to shut up and go back to planning my itinerary for my TP run?!
Many thanks,
MrM
Hoping for your collective wisdom on this one...
BA1489 GLA-LHR was delayed last week, arriving 170 minutes after scheduled arrival time. BA have refused compensation under EC261/2004 as the delay was not over 180 minutes.
My reading of the legislation is that in Article 6.1, a delay on a flight of less than 1500km is defined as arriving at least 120 minutes after the scheduled arrival time. GLA - LHR is a distance of 554km so it would count. Therefore, according to Article 7.1, 250EUR compensation per passenger is due?
I cannot see where there is any reference in the legislation to a 180+min delay being the threshold for compensation. Is anyone able to point me in the right direction? Do I have a case that is worth pursuing or am I reading it wrong and I need to shut up and go back to planning my itinerary for my TP run?!
Many thanks,
MrM
Jun 12, 2015, 4:32 am
#715
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Join Date: Feb 2010
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I cannot see where there is any reference in the legislation to a 180+min delay being the threshold for compensation. Is anyone able to point me in the right direction? Do I have a case that is worth pursuing or am I reading it wrong and I need to shut up and go back to planning my itinerary for my TP run?!
So BA seem to be to be correct, unless you can demonstrate that it took them more than 10 minutes to open the doors.
Jun 12, 2015, 4:48 am
#716
Join Date: Feb 2005
Location: London
Programs: BAEC Gold, IHG Spire Ambassador, Starbucks Gold,
Posts: 624
There is no compensation for delay in the EC261 regulations as enacted. It was judicial intervention that brought that about, and in the process the judges set the delay cut-off period as 3 hours, regardless of distance. If you want a much longer version, there is quite a lot about it in the archived threads. I think you are looking at the cancellation compensation and various cut offs relating to rerouting, which is - as they say - different.
So BA seem to be to be correct, unless you can demonstrate that it took them more than 10 minutes to open the doors.
So BA seem to be to be correct, unless you can demonstrate that it took them more than 10 minutes to open the doors.
*Scurries off to investigate activities during a 10hr layover at JFK pre-Babybus flight*
Jun 12, 2015, 4:20 pm
#717
Join Date: Jan 2014
Location: London
Posts: 9
I was impressed with how my recent 261/2004 claim was handled by BA.
My Tenerife-London flight in March was delayed overnight due to mechanical problems with the plane. The total delay was 21+ hours. I read the introduction to this thread and followed the advice to submit a claim via the dedicated form on the BA site.
I wrote a short message stating the basic facts and mentioned that I’d be open to receiving compensation in the form of Avios.
I received a template response about 10 days later, informing me that my message had been received and would be processed soon.
A couple of days later I got another email saying that I was indeed due compensation of 400 euros, and could I supply my bank details. There was no acknowledgement of my offer to receive Avios instead (which was fine by me).
I replied with my bank details and received the money a week later.
My Tenerife-London flight in March was delayed overnight due to mechanical problems with the plane. The total delay was 21+ hours. I read the introduction to this thread and followed the advice to submit a claim via the dedicated form on the BA site.
I wrote a short message stating the basic facts and mentioned that I’d be open to receiving compensation in the form of Avios.
I received a template response about 10 days later, informing me that my message had been received and would be processed soon.
A couple of days later I got another email saying that I was indeed due compensation of 400 euros, and could I supply my bank details. There was no acknowledgement of my offer to receive Avios instead (which was fine by me).
I replied with my bank details and received the money a week later.
Jun 12, 2015, 4:23 pm
#718
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Welcome to Flyertalk zumabeach, welcome to the BA board. Thanks for contributing that experience, it provides a useful picture for others in a similar situation. Please continue to post here, welcome on board.
Jun 18, 2015, 2:55 am
#719
Join Date: May 2015
Posts: 5
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?
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?
Jun 18, 2015, 3:36 am
#720
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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So BA finally came back to me about my claim. They have said I can claim for the delay to BA1321 (NCL-LHR) on 17th May 2015, which caused us to miss our flight to Zagreb. They have said we get €250.00 compensation each. Is this right? I thought it would be calculated based on the distance to my final destination, Zagreb where I was 24 hours late, not just to Heathrow?