The 2015 BA compensation thread: Your guide to Regulation 261/2004
#481
Join Date: Mar 2011
Location: Valencia, Spain
Programs: LH SEN, A3*G, BAEC Gold
Posts: 154
Hi all,
I have a MAD-LHR-NRT flight today in Club world, BAEC Gold.
The MAD-LHR leg is delayed a little (40 minutes), but it's late enough that I will miss my onward connection. Therefore, the (very nice) check-in agent told me that she would have to look for alternatives, as I was NOT going to make it in T5.
The option she gave me to arrive NRT was horrible, with Alitalia, so I suggested that they re-route me to MAD-LHR-HND, 2nd leg with JAL, and they accepted.
Now my booking shows my original flight to NRT and also an additional flight to HND a few hours later.
Anyway, I will make it to Tokyo almost 6hr later than my original booking. Am I entitled to claim any compensation?
I tried to understand the situation from former posts and the guide in first-page, but it's a connecting flight and I'm afraid it wasn't clear to me.
I have a MAD-LHR-NRT flight today in Club world, BAEC Gold.
The MAD-LHR leg is delayed a little (40 minutes), but it's late enough that I will miss my onward connection. Therefore, the (very nice) check-in agent told me that she would have to look for alternatives, as I was NOT going to make it in T5.
The option she gave me to arrive NRT was horrible, with Alitalia, so I suggested that they re-route me to MAD-LHR-HND, 2nd leg with JAL, and they accepted.
Now my booking shows my original flight to NRT and also an additional flight to HND a few hours later.
Anyway, I will make it to Tokyo almost 6hr later than my original booking. Am I entitled to claim any compensation?
I tried to understand the situation from former posts and the guide in first-page, but it's a connecting flight and I'm afraid it wasn't clear to me.
#482
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,550
The 1st option which you refused ; what time would that have got you to your destination?
#483
Join Date: Mar 2011
Location: Valencia, Spain
Programs: LH SEN, A3*G, BAEC Gold
Posts: 154
I have no idea... She said Alitalia and I let her know that I was not going to fly Alitalia. Can they force-feed me an Alitalia flight or escape compensation?????
#484
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: 63,730
If Alitalia's offering was going to lead to a longer than 3 hour delay at Narita, then you are still in with a chance for compensation under EC/261. But it also depends on the precise cause of the delay too.
If you give us some times, dates and more precise information then we can also advise you more precisely. A lot, actually, will depend on what was written on your PNR.
#485
FlyerTalk Evangelist
Join Date: Nov 2011
Location: Brighton. UK
Programs: BA Gold / VS /IHG Diamond & Ambassador
Posts: 14,176
The regulation says 'rerouting under comparable transport conditions' so J for J etc (Article 8)
It does not say who does the comparison though.
The fact you don't like a particular airline is neither here nor there. Their obligation is to get you to your destination as soon as possible.
To my mind if you refuse that then you don't qualify for any compensation. Others may disagree.
It does not say who does the comparison though.
The fact you don't like a particular airline is neither here nor there. Their obligation is to get you to your destination as soon as possible.
To my mind if you refuse that then you don't qualify for any compensation. Others may disagree.
#486
Join Date: Mar 2011
Location: Valencia, Spain
Programs: LH SEN, A3*G, BAEC Gold
Posts: 154
Understood, thank you all.
#487
Join Date: Dec 2009
Location: near Heathrow
Programs: BA GGL/CCR, GfL (OWE), SA LifePlat (*G), BD Gold to the end, Hilton Diamond
Posts: 2,908
Had a quick check of schedules in the absence of extra info from OP and it looks like BA5 would get into NRT at 9.10am.
By electing to travel to HND, OP will only arrive at 3pm.
Alitalia would have got there at 10.30am according to their schedules.
Personally, I think the agent fulfilled EU261 obligations by offering an alternative which got OP to NRT 1hr 20mins late.
The fact the OP chose not to take that and elected to go somewhere else and get there 6 hours late is entirely their decision and I hope BA don't pay compensation. If BA do, it opens up the option for pax to reject every solution until they find one that creates an EU261 claim and that is just wrong.
By electing to travel to HND, OP will only arrive at 3pm.
Alitalia would have got there at 10.30am according to their schedules.
Personally, I think the agent fulfilled EU261 obligations by offering an alternative which got OP to NRT 1hr 20mins late.
The fact the OP chose not to take that and elected to go somewhere else and get there 6 hours late is entirely their decision and I hope BA don't pay compensation. If BA do, it opens up the option for pax to reject every solution until they find one that creates an EU261 claim and that is just wrong.
#488
Join Date: Mar 2011
Location: Valencia, Spain
Programs: LH SEN, A3*G, BAEC Gold
Posts: 154
I just asked, I did not reject the flight for that reason. I rejected because:
- it was not clear that I would not make it to the NRT flight.
- i honestly DON'T want to fly alitalia.
If no compensation is due, that'll be fine by me, I just asked.
Still, it's funny that I pay more for a flight to pick the airline that I want and, if something wrong happens, they can force me to fly a different airline or walk away without any compensation. Doesn't feel right either...
- it was not clear that I would not make it to the NRT flight.
- i honestly DON'T want to fly alitalia.
If no compensation is due, that'll be fine by me, I just asked.
Still, it's funny that I pay more for a flight to pick the airline that I want and, if something wrong happens, they can force me to fly a different airline or walk away without any compensation. Doesn't feel right either...
#489
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: 63,730
Incidentally, I have been on Alitalia longhaul a few times in the last year, and it is greatly improved from its nylon and electric colour scheme days. The leg to Italy isn't great but thereafter AZ isn't so bad at all.
#490
Join Date: Dec 2014
Location: Bradford, England
Programs: BA GGL/CCR , HH Diamond
Posts: 274
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.
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.
#491
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,550
I just asked, I did not reject the flight for that reason. I rejected because:
- it was not clear that I would not make it to the NRT flight.
- i honestly DON'T want to fly alitalia.
If no compensation is due, that'll be fine by me, I just asked.
Still, it's funny that I pay more for a flight to pick the airline that I want and, if something wrong happens, they can force me to fly a different airline or walk away without any compensation. Doesn't feel right either...
- it was not clear that I would not make it to the NRT flight.
- i honestly DON'T want to fly alitalia.
If no compensation is due, that'll be fine by me, I just asked.
Still, it's funny that I pay more for a flight to pick the airline that I want and, if something wrong happens, they can force me to fly a different airline or walk away without any compensation. Doesn't feel right either...
Compensation is due is the airlline cannot get you to your destination within the specified timeframes - that you refused an option that would get you there close to schedule would make you ineligible for the compensation
It was your choice to take a service that would get you there 6 hours behin schedule rather than around 1.5 - it sounds to me that the airline acted very well in finding a replacement service
#492
Join Date: Apr 2015
Posts: 6
Hello All,
Apologies if this is rather long winded!
I am hoping someone can give me some advice/help. I have been dealing with a compensation claim since Feb2014 regarding a 5 ½ hour delay when flying from Glasgow/Heathrow/LA/LV in Oct 2009. We were boarded onto our flight in Glasgow, however, there was apparently an oil leak which resulted in us taking off 156 minutes late. This meant we missed our connecting flight to LA then onto LV. I received several replies saying that as I could have made my connecting flight to LA, I did not qualify. This was despite the fact our plane departed over an hour before we even got to Heathrow! I pursued the claim, and was finally told I did not qualify as it was an extraordinary circumstances, however, in light of the Hurzar success, I continued to pursue my claim. I received a reply in February saying that I DID in fact qualify but only for 50% as my delay was less than four hours. As this was again incorrect I wrote back saying I felt this was wrong. I then received a telephone call from BA apologising for their catalogue or errors and mis- information, but I DID NOT actually qualify for anything! However, as a goodwill gesture they offered me BA Credits. I asked why I wasn’t eligible and was told the reason was that domestic flights don’t fall into the EU261 guidelines. I said I didn’t agree, as our final destination was LV. She then went on to say my flight didn’t take off due to windy conditions it didn’t apply. I said this wasn’t the reason and she confirmed it was due to an oil leak. I was obviously somewhat angry, expressing they had already offered me 50% and now I was not even entitled to that. She said she already had BA Lawyers check it out and I definitely didn’t qualify. I refused to accept their goodwill gesture as I am unlikely to travel with BA anytime in the near future and asked her to put everything into an email, detailing her conversation in plain language, no jargon so I could investigate matters further. So, imagine my surprise when I received an email, apologising again for their errors and confirming their goodwill offer. Nothing was detailed at all.
Is anyone able to offer help as to what I can do or say to them now?
Thanks in advance.
Apologies if this is rather long winded!
I am hoping someone can give me some advice/help. I have been dealing with a compensation claim since Feb2014 regarding a 5 ½ hour delay when flying from Glasgow/Heathrow/LA/LV in Oct 2009. We were boarded onto our flight in Glasgow, however, there was apparently an oil leak which resulted in us taking off 156 minutes late. This meant we missed our connecting flight to LA then onto LV. I received several replies saying that as I could have made my connecting flight to LA, I did not qualify. This was despite the fact our plane departed over an hour before we even got to Heathrow! I pursued the claim, and was finally told I did not qualify as it was an extraordinary circumstances, however, in light of the Hurzar success, I continued to pursue my claim. I received a reply in February saying that I DID in fact qualify but only for 50% as my delay was less than four hours. As this was again incorrect I wrote back saying I felt this was wrong. I then received a telephone call from BA apologising for their catalogue or errors and mis- information, but I DID NOT actually qualify for anything! However, as a goodwill gesture they offered me BA Credits. I asked why I wasn’t eligible and was told the reason was that domestic flights don’t fall into the EU261 guidelines. I said I didn’t agree, as our final destination was LV. She then went on to say my flight didn’t take off due to windy conditions it didn’t apply. I said this wasn’t the reason and she confirmed it was due to an oil leak. I was obviously somewhat angry, expressing they had already offered me 50% and now I was not even entitled to that. She said she already had BA Lawyers check it out and I definitely didn’t qualify. I refused to accept their goodwill gesture as I am unlikely to travel with BA anytime in the near future and asked her to put everything into an email, detailing her conversation in plain language, no jargon so I could investigate matters further. So, imagine my surprise when I received an email, apologising again for their errors and confirming their goodwill offer. Nothing was detailed at all.
Is anyone able to offer help as to what I can do or say to them now?
Thanks in advance.
Last edited by Batchtj; Apr 17, 2015 at 9:18 am
#493
Hello All,
Apologies if this is rather long winded!
I am hoping someone can give me some advice/help. I have been dealing with a compensation claim since Feb2014 regarding a 5 ½ hour delay when flying from Glasgow/Heathrow/LA/LV in Oct 2009. We were boarded onto our flight in Glasgow, however, there was apparently an oil leak which resulted in us taking off 156 minutes late. This meant we missed our connecting flight to LA then onto LV. I received several replies saying that as I could have made my connecting flight to LA, I did not qualify. This was despite the fact our plane departed over an hour before we even got to Heathrow! I pursued the claim, and was finally told I did not qualify as it was an extraordinary circumstances, however, in light of the Hurzar success, I continued to pursue my claim. I received a reply in February saying that I DID in fact qualify but only for 50% as my delay was less than four hours. As this was again incorrect I wrote back saying I felt this was wrong. I then received a telephone call from BA apologising for their catalogue or errors and mis- information, but I DID NOT actually qualify for anything! However, as a goodwill gesture they offered me BA Credits. I asked why I wasn’t eligible and was told the reason was that domestic flights don’t fall into the EU261 guidelines. I said I didn’t agree, as our final destination was LV. She then went on to say my flight didn’t take off due to windy conditions it didn’t apply. I said this wasn’t the reason and she confirmed it was due to an oil leak. I was obviously somewhat angry, expressing they had already offered me 50% and now I was not even entitled to that. She said she already had BA Lawyers check it out and I definitely didn’t qualify. I refused to accept their goodwill gesture as I am unlikely to travel with BA anytime in the near future and asked her to put everything into an email, detailing her conversation in plain language, no jargon so I could investigate matters further. So, imagine my surprise when I received an email, apologising again for their errors and confirming their goodwill offer. Nothing was detailed at all.
Is anyone able to offer help as to what I can do or say to them now?
Thanks in advance.
Apologies if this is rather long winded!
I am hoping someone can give me some advice/help. I have been dealing with a compensation claim since Feb2014 regarding a 5 ½ hour delay when flying from Glasgow/Heathrow/LA/LV in Oct 2009. We were boarded onto our flight in Glasgow, however, there was apparently an oil leak which resulted in us taking off 156 minutes late. This meant we missed our connecting flight to LA then onto LV. I received several replies saying that as I could have made my connecting flight to LA, I did not qualify. This was despite the fact our plane departed over an hour before we even got to Heathrow! I pursued the claim, and was finally told I did not qualify as it was an extraordinary circumstances, however, in light of the Hurzar success, I continued to pursue my claim. I received a reply in February saying that I DID in fact qualify but only for 50% as my delay was less than four hours. As this was again incorrect I wrote back saying I felt this was wrong. I then received a telephone call from BA apologising for their catalogue or errors and mis- information, but I DID NOT actually qualify for anything! However, as a goodwill gesture they offered me BA Credits. I asked why I wasn’t eligible and was told the reason was that domestic flights don’t fall into the EU261 guidelines. I said I didn’t agree, as our final destination was LV. She then went on to say my flight didn’t take off due to windy conditions it didn’t apply. I said this wasn’t the reason and she confirmed it was due to an oil leak. I was obviously somewhat angry, expressing they had already offered me 50% and now I was not even entitled to that. She said she already had BA Lawyers check it out and I definitely didn’t qualify. I refused to accept their goodwill gesture as I am unlikely to travel with BA anytime in the near future and asked her to put everything into an email, detailing her conversation in plain language, no jargon so I could investigate matters further. So, imagine my surprise when I received an email, apologising again for their errors and confirming their goodwill offer. Nothing was detailed at all.
Is anyone able to offer help as to what I can do or say to them now?
Thanks in advance.
2) If so, send them a letter detailing you disagree with their position,and that you are requesting £x for the delay on xx.xx.xxxx under the 261/2004 within the next xx days. Otherwise you will take it to small claims court. (Also make sure you are not 6 years out, as you can only claim for up to years years back, ?I am not sure how this applies to this prolonged claim?)
#494
Join Date: Apr 2015
Posts: 6
Hi Nufnuf77,
Yes all this was done way back in Feb 2014. thanks for your reply.
Yes all this was done way back in Feb 2014. thanks for your reply.