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The 2016 BA compensation thread: Your guide to Regulation 261/2004

The 2016 BA compensation thread: Your guide to Regulation 261/2004

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Old Mar 11, 16, 5:11 am
  #211  
 
Join Date: Feb 2011
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Originally Posted by corporate-wage-slave View Post
If this is today, then yes it's fog and I'm 99.99999% certain EC261 won't get you anywhere further. Fog = ATC slot reductions = some aircraft can still leave, many can't = still outside BA's control. By all means find out from the CCR desk the reason for the cancellation, what I'm seeing is:

FLIGHT CANCEL 1042
WEAT

(i.e. weather).
Yes Sir you are correct. That's the reason given. Does seem rather arbitrary for it to be classed extraordinary as even though I fully get reductions and delays - the weather hasn't shut down air traffic. Just "some" and I'm sure BA had some "input or choice" in selection I could understand weather if it affected all flights or at a minimum most but it's not many. We were unlucky. And there was space on the 15:10 flight. It we couldn't get on it for some reason
None the less we are comfortable just going to miss a pre paid private tour of the Louvre we had planned for this evening which is a bummer

But...... At least I found the right thread to ask. ��
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Old Mar 11, 16, 5:50 am
  #212  
 
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I think in this situation the term 'extraordinary' refers to outside the airline's control.

Bad weather = fewer slots. When an airport like LHR operates at 100% capacity that means something has to give, often the regional/domestic destinations on smaller planes with higher frequencies where the number of people affected is fewer and they could be accommodated on later flights.

Just unfortunate it was you impacted. Hopefully your insurance will cover part of the cost of the missed activities through.
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Old Mar 11, 16, 7:51 am
  #213  
 
Join Date: Feb 2016
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BA with AA, flight cancellation, overnight, no flight next day

Hi,

I was on a trip to the US, was on a stopover in NYC flying out of JFK to SFO.
Flight got delayed two hours, boarding is done, leaving the gate.

Going back to the gate as there isn't enough fuel for the trip due to weather.
Then we wait another hour only to be told that pilot has exceeded hours.

Was denied accommodation at first (11pm) due to claims of it being weather related, but insisted and got a room for the 4 hours.

Now the issue, there was no room and I was waitlisted on the 8 am flight , since I had to get work done, I booked the trip on Delta and moved back on the AA train in SFO.

Is there any compensation I am entitled to?
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Old Mar 11, 16, 7:56 am
  #214  
 
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No, EU261/2004 does not cover flights that does not touch EU soil at some point. So if you had an IRROP on the JFK-SFO sector, it is not covered by the EU regulations.
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Old Mar 11, 16, 7:57 am
  #215  
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Welcome to Flyertalk gigabyte056, welcome in particular to the BA Board, and I do hope we will see more of you elsewhere. This forum is only useful due to the support it gets from people like you.

It looks to me that the operating carrier here is AA, and it's an entirely USA flight. So you would look to AA for remediation, and unfortunately they are not subject to EC261 in this context. They may give you some customer service remedy if you complain to them, perhaps in the form of a voucher, but if there is a sniff of weather on the issue I really wouldn't hold your breath.
corporate-wage-slave is online now  
Old Mar 11, 16, 7:59 am
  #216  
 
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Thanks, figured as much.

I have been lurking but will do my best to contribute.
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Old Mar 12, 16, 4:00 am
  #217  
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On a different note, I have to applaud BA for reacting quickly to a recently submitted claim due to a SH flight delayed by ca 3:30. Online form filled out on 8 March, acknowledgement from BA of €250 compensation on 8 March (about five hours later), cheque for 194 arrives this morning.
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Old Mar 12, 16, 7:07 am
  #218  
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Originally Posted by LondonElite View Post
On a different note, I have to applaud BA for reacting quickly to a recently submitted claim due to a SH flight delayed by ca 3:30. Online form filled out on 8 March, acknowledgement from BA of 250 compensation on 8 March (about five hours later), cheque for 194 arrives this morning.
I do get the impression from posts on here that where it is a clear cut case of EU261 applying then it does (in the main) get dealt with pretty quickly.
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Old Mar 14, 16, 4:58 am
  #219  
 
Join Date: Jul 2013
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I think this is an easy one but I thought I'd check:

just under 7 years ago, I was delayed by 5 hours on a flight from Barcelona to the UK. The reason for the delay was staff shortage. The flight left the airport at around 1am. The airline (Monarch) did nothing at all about it - no offer to feed and water us, etc. No mention was made of EU compensation etc. I asked to be re-routed, they refused. I documented all of this, kept receipts etc. I wrote to them to complain - I don't think they ever responded (they certainly didn't offer any financial compensation). I was clearing out some old stuff this weekend and came across the documentation on this. Can I put in a claim under the Regulation? I fear that the answer is "no" as it is over 6 years ago, but if there is anything that I can do I'd appreciate any advice!
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Old Mar 14, 16, 5:03 am
  #220  
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I don't think that there is a formal statue of limitations within the regulations, but expect to be fighting a bit of an uphill battle. In the end, your threat to take them to court will fall on deaf ears, since that's where the delay will be relevant. Worth a try, though, especially if you are well-documented.
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Old Mar 14, 16, 6:00 am
  #221  
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Originally Posted by LondonElite View Post
I don't think that there is a formal statue of limitations within the regulations, but expect to be fighting a bit of an uphill battle. In the end, your threat to take them to court will fall on deaf ears, since that's where the delay will be relevant. Worth a try, though, especially if you are well-documented.
There isn't a time limit in the regulation itself but national laws so apply and for the UK it is 6 years and the Supreme Court affirmed that in the Thompson case.
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Old Mar 16, 16, 12:13 am
  #222  
 
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I was on the cancelled BA8708 from city to Edinburgh last night. Ended up booking my own replacement flight for now as advised by BA due to their systems being down.

What is the claims process and do I have right to EC261 compensation?

Thanks
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Old Mar 16, 16, 2:24 am
  #223  
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Originally Posted by kmccallum13 View Post
I was on the cancelled BA8708 from city to Edinburgh last night. Ended up booking my own replacement flight for now as advised by BA due to their systems being down.

What is the claims process and do I have right to EC261 compensation?

Thanks
The initial posts at the top of the thread explain the situation for cancellations (which is not quite the same as delays) so with the specifics of your case you can work out whether you are due compensation. In terms of you rebooking your own travel - which does happen sometimes - then normally if you send in a complaint they will refund the cost - or just refund the original fare if that was the more expensive ticket, that's an easier process in a way. If you are not in a hurry then use the webform. If you need the money soon then ring up the customer relations number during UK office hours to resolve it more rapidly. In between those two extremes you can send in a webform, get the incident number and then use Twitter to highlight.
corporate-wage-slave is online now  
Old Mar 16, 16, 2:49 am
  #224  
 
Join Date: Mar 2015
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Submitted my claim using the web form on Monday for flight cancelled for technical reasons last Thursday and just received an email saying cheque is in the post for 194.

It all seems to be a much easier and smoother process at the moment.
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Old Mar 16, 16, 4:21 am
  #225  
 
Join Date: Apr 2015
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Originally Posted by corporate-wage-slave View Post
The initial posts at the top of the thread explain the situation for cancellations (which is not quite the same as delays) so with the specifics of your case you can work out whether you are due compensation. In terms of you rebooking your own travel - which does happen sometimes - then normally if you send in a complaint they will refund the cost - or just refund the original fare if that was the more expensive ticket, that's an easier process in a way. If you are not in a hurry then use the webform. If you need the money soon then ring up the customer relations number during UK office hours to resolve it more rapidly. In between those two extremes you can send in a webform, get the incident number and then use Twitter to highlight.
thanks! in a queue just now for customer relations.
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