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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 Dec 14, 2015, 5:28 pm
  #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.
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Old Dec 14, 2015, 5:33 pm
  #1457  
 
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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?
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Old Dec 14, 2015, 5:47 pm
  #1458  
 
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Originally Posted by wanderer35
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?
For your 3rd question, no, given the fees. Process detailed in post 1 (it's a long post) is very simple and requires you to write about 3 sentences in the first instance. Ignore all the stuff about taking court action unless you've been ignored by BA or rejected several times.

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...
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Old Dec 15, 2015, 12:37 pm
  #1459  
MGJ
 
Join Date: Dec 2015
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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.
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Old Dec 15, 2015, 5:28 pm
  #1460  
 
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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’
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Old Dec 16, 2015, 5:40 am
  #1461  
 
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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.
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Old Dec 16, 2015, 5:41 am
  #1462  
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Originally Posted by lorcancoyle
utter bilge
Yep!
corporate-wage-slave is online now  
Old Dec 17, 2015, 8:19 am
  #1463  
 
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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)
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Old Dec 17, 2015, 8:27 am
  #1464  
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Originally Posted by lorcancoyle
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...
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.
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Old Dec 17, 2015, 8:29 am
  #1465  
 
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Message deleted.

Last edited by WorldClub; Dec 17, 2015 at 8:37 am
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Old Dec 17, 2015, 8:38 am
  #1466  
 
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Originally Posted by NickB
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.
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!)
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Old Dec 17, 2015, 8:46 am
  #1467  
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Originally Posted by lorcancoyle
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!)
Seems to have an address of

Iberia Airlines
Iberia House
10 Hammersmith Broadway
London
W6 7AL
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Old Dec 17, 2015, 9:25 am
  #1468  
 
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Originally Posted by Dave Noble
Seems to have an address of

Iberia Airlines
Iberia House
10 Hammersmith Broadway
London
W6 7AL
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)

London. Airport office
London Airport office (handled by British Airways customer servide desk)
London-Heathrow Terminal 5.
BTW, if anybody is interested in a particular IB aircraft that serves London pleas let me know. I quite fancy having bailiffs seize an aircraft over non-payment if a trifling sum!
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Old Dec 17, 2015, 9:46 am
  #1469  
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Originally Posted by lorcancoyle
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)
Could you let us know what they say in reply please? I actually think you can simply send it to the Corporate Office of IAG, since that's in London. [International Airlines Group SA, 2 World Business Centre Heathrow, Newall Road, London Heathrow Airport, HOUNSLOW, TW6 2SF]. It's actually important that the letter is sent to the company's Registered Office in the round, but you are doing the right thing to ask Iberia what they think is best. I would ask specifically for a UK address ("e.g. the address of your legal office or counsel for the UK").
corporate-wage-slave is online now  
Old Dec 18, 2015, 2:17 am
  #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.
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