The 2015 BA compensation thread: Your guide to Regulation 261/2004
#1456
Join Date: Aug 2009
Location: Upstate N.Y.
Posts: 87
[QUOTE=GlenC;24393843] (We now wonder if our seats at that point could have already have been given to other pax from previous delayed flights... is that even possible??
Very possible.
Two weeks ago arriving at LHR from BUD (on BA). Landing is half an hour late (connection time between the two flights is 1.5hrs).
Got the "red light".
CS is putting me on another BA flight about 4 hrs. later. He shows me the available seats: none are aisle seats. I ask him if he can do better. He says "here's one. The person whose seat it is is going to miss the flight anyway".
So yes, your seat could have already been given away.
Sorry for the late feedback - just started reading this forum.
Very possible.
Two weeks ago arriving at LHR from BUD (on BA). Landing is half an hour late (connection time between the two flights is 1.5hrs).
Got the "red light".
CS is putting me on another BA flight about 4 hrs. later. He shows me the available seats: none are aisle seats. I ask him if he can do better. He says "here's one. The person whose seat it is is going to miss the flight anyway".
So yes, your seat could have already been given away.
Sorry for the late feedback - just started reading this forum.
#1457
Join Date: Aug 2009
Location: Upstate N.Y.
Posts: 87
Please forgive me for not reading all 97 pages of this forum before asking a question.
There are several outfits which advertise to handle your compensation claim, charging roughly 1/3 of the compensation.
Any experiences with these companies? On the up-n-up?
Are they more effective than a one doing it on one's own? Any hidden fees?
There are several outfits which advertise to handle your compensation claim, charging roughly 1/3 of the compensation.
Any experiences with these companies? On the up-n-up?
Are they more effective than a one doing it on one's own? Any hidden fees?
#1458
Join Date: Feb 2010
Location: London
Programs: BA GGL (for now) and Lifetime Gold, Marriott fan thanks to Bonvoy Moments
Posts: 5,115
Please forgive me for not reading all 97 pages of this forum before asking a question.
There are several outfits which advertise to handle your compensation claim, charging roughly 1/3 of the compensation.
Any experiences with these companies? On the up-n-up?
Are they more effective than a one doing it on one's own? Any hidden fees?
There are several outfits which advertise to handle your compensation claim, charging roughly 1/3 of the compensation.
Any experiences with these companies? On the up-n-up?
Are they more effective than a one doing it on one's own? Any hidden fees?
And you can always hand the claim over to one of those firms later I believe
ETA - ok, my Iberia claim on Saturday was 4 sentences covering: inbound delay / why; missed connection; delay with rebooked flight; let me know how you'll pay me...
#1459
Join Date: Dec 2015
Programs: BA
Posts: 2
A big thanks to everyone who replied to my post #1428 very much appreciated.
I believe I do have a claim for compensation, so I am going to contact BA again asking that they process my claim as under EU regulation 261/2004 crew being late or unwell is not extraordinary circumstances. I will also refer to the case highlighted by aama in post #1433 and state that I am unable to let the matter rest at this point.
The E-mail I received from BA gave the reason that due to a medical emergency onboard, which prevented the aircraft from operating as scheduled my claim had been refused. There was no medical emergency onboard my flight and it had been delayed several hours before check in. The reason being a pilot was unwell/injured them self.
Thanks again.
I believe I do have a claim for compensation, so I am going to contact BA again asking that they process my claim as under EU regulation 261/2004 crew being late or unwell is not extraordinary circumstances. I will also refer to the case highlighted by aama in post #1433 and state that I am unable to let the matter rest at this point.
The E-mail I received from BA gave the reason that due to a medical emergency onboard, which prevented the aircraft from operating as scheduled my claim had been refused. There was no medical emergency onboard my flight and it had been delayed several hours before check in. The reason being a pilot was unwell/injured them self.
Thanks again.
#1460
Join Date: Oct 2010
Programs: Delta Gold, United PE, American Plat, Southwest A-list, Starwood Plat, Avis First
Posts: 70
I have discontinued my claim for the remaining 37500 Avios points. Not because I don’t think I can convince a judge on the definition of ticket, segment and flight; but because I’m worried that I cannot attend in person and even if I win, the refunding of Avios points may be limited.
Here is my summary regarding my partially successful Article 10 (downgrade) refund.
1) British Airways didn’t refund any cash component until I filed via the small claims system
2) British Airways had numerous inconsistencies in their communications with me prior to me filing small claims (e.g. telling me that EC261 didn’t apply to Avios tickets)
3) DLA Piper (acting on BA’s behalf) will do everything at the deadline in relation to responding to the court.
4) Every communication from DLA Piper came with the threat of a counter-sue if I didn’t discontinue my claim
5) DLA Piper’s initial communication acquiesced to refunding me the entire 75% of the ticket price in $ and points. DLA Piper later told me this was in error and would pursue me for the ‘overpayment’
Here is my summary regarding my partially successful Article 10 (downgrade) refund.
1) British Airways didn’t refund any cash component until I filed via the small claims system
2) British Airways had numerous inconsistencies in their communications with me prior to me filing small claims (e.g. telling me that EC261 didn’t apply to Avios tickets)
3) DLA Piper (acting on BA’s behalf) will do everything at the deadline in relation to responding to the court.
4) Every communication from DLA Piper came with the threat of a counter-sue if I didn’t discontinue my claim
5) DLA Piper’s initial communication acquiesced to refunding me the entire 75% of the ticket price in $ and points. DLA Piper later told me this was in error and would pursue me for the ‘overpayment’
#1461
Join Date: Feb 2010
Location: London
Programs: BA GGL (for now) and Lifetime Gold, Marriott fan thanks to Bonvoy Moments
Posts: 5,115
It's an IAG company so posting here for reference, IB denied my compensation claim as they believe that missing passengers and subsequent delays due to offloading bags constitute an "extraordinary circumstance" - utter bilge, have told them it's clearly inherent in the operation of an airline and is why there is an extended period between a gate closing and departure. MCOL to be filed within 14 days and a letter to some NEBs thereafter I think.
#1462
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,794
#1463
Join Date: Feb 2010
Location: London
Programs: BA GGL (for now) and Lifetime Gold, Marriott fan thanks to Bonvoy Moments
Posts: 5,115
Same terribly boilerplate response from Iberia. Sadly no MCOL option available as it's a Spanish company, need to go the small claims procedure for cross-border claims...
Out of interest, has anybody ever seen these NEB codes before here - the CAA does seem to be of the view that unaccompanied baggage provides a get out (code 8), but some ambiguities
- what constitutes "serious"
- what if the airline doesn't begin to offload said bags 10 minutes before departure (in hindsight it might be incredibly lucky that I have photo of them starting to take off the first container from the hold 7 mins after scheduled departure)
Out of interest, has anybody ever seen these NEB codes before here - the CAA does seem to be of the view that unaccompanied baggage provides a get out (code 8), but some ambiguities
- what constitutes "serious"
- what if the airline doesn't begin to offload said bags 10 minutes before departure (in hindsight it might be incredibly lucky that I have photo of them starting to take off the first container from the hold 7 mins after scheduled departure)
#1464
FlyerTalk Evangelist
Join Date: Feb 2000
Location: London, UK and Southern France
Posts: 18,364
If the start or end point of the ticket is in the UK, then UK Courts have jurisdiction under the Brussels regulation and one should in principle be able to use MCOL.
#1465
Join Date: Nov 2015
Programs: BAEC Gold, *A Gold
Posts: 127
Message deleted.
Last edited by WorldClub; Dec 17, 2015 at 8:37 am
#1466
Join Date: Feb 2010
Location: London
Programs: BA GGL (for now) and Lifetime Gold, Marriott fan thanks to Bonvoy Moments
Posts: 5,115
Thanks, unfortunately MCOL won't let me put in Iberia address in Spain as it says it must be in England or Wales. And Iberia don't seem to 'fess up to a UK office anywhere (I might go old school and check a phone book!)
#1467
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,587
Iberia Airlines
Iberia House
10 Hammersmith Broadway
London
W6 7AL
#1468
Join Date: Feb 2010
Location: London
Programs: BA GGL (for now) and Lifetime Gold, Marriott fan thanks to Bonvoy Moments
Posts: 5,115
London. Airport office
London Airport office (handled by British Airways customer servide desk)
London-Heathrow Terminal 5.
London Airport office (handled by British Airways customer servide desk)
London-Heathrow Terminal 5.
#1469
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,794
Thanks. Think I'll do another round online with them asking them to confirm the address for serving of court documents in the UK. Might sharpen their focus somewhat, and if they don't reply I'll go for the T5 address on their website for MCOL (I saw the lease for Hammersmith was until June 2016, so don't want to give them wriggle room if they're not there any longer)
#1470
Join Date: Sep 2013
Location: Belfast
Posts: 398
Finally received a reply to my ticket:
"I've checked our records and can see that you arrived at your final destination within three hours of your actual scheduled arrival time. So, I'm afraid we can't offer compensation in this situation."
I'll have to go back and explain my case again. Hopefully doesn't take as long to receive the next response.
"I've checked our records and can see that you arrived at your final destination within three hours of your actual scheduled arrival time. So, I'm afraid we can't offer compensation in this situation."
I'll have to go back and explain my case again. Hopefully doesn't take as long to receive the next response.