Just put in my claim for the BA92 (YYZ-LHR) that arrived late yesterday, missing my connection to DUB, for an exDUB booking, they moved my to an EI flight making it 4:30 late! (and i just made my connection back to the UK from my repositioning flight)

Shame my bags didnt make it, i presume there still in LHR

Thank you lorcancoyle for your advice. I have had a quick read of starflyers tweets and I understand the frustration.

Was claim just for delay, or did you get a downgrade on the final leg too? (Given ex-DUB I'm presuming it was a business class booking)

no was just for the delay, unfortunately even though it was ex-DUB it still was ET/WT and it saves us £250 each (Christmas travel!)

I was rebooked onto a flight to City A that made me 4:10 late, but it would cause other problems downstream with further flights on the same booking/PNR to City B. As such I got myself rebooked to City C instead, with the reason entered on the ticket as "missed appointment in City A, need to change route in order to make next appointment in City C". What is the likelihood I will get something from BA using EC 261 here?

Not sure we've got enough information here, so it will have to be an unspecific answer. The two issues I can see here are the reasons for the rebooked flight to A, and the degree to which you volunteered to a new set of arrangements, and agreed to their ticketing, as opposed to having them imposed by the airline. From first impressions, if you chose not to go to A altogether, I don't think you can claim for being 4 hours late in A.

Hi Matt,

My GF has already been issued the compensation from our flight as we were the same on the flight as you.

Im still waiting for my reply, but seeing she had it already, it should be positive.

I would just enter the original arrival times and the actual as its still a delay to your (new) final destination from the booking

Am I correct in thinking something has changed here:

I was under the impression that the delay threshold for a short haul flight to trigger compensation was 2 hours from scheduled arrival time. But the CAA website seems to now show this as 3 hours; the same as 1500+ km flights.

Is that correct? Has it changed?

No change. There are circumstances where compensation is payable below 3 hours, but otherwise for flat delays on their own see Post 3, question 2. The Regulation itself gives zero compensation for delays, judicial intervention create that provision, and the judges said the threshold is 3 hours or more.

My mini-saga with fellow IAG company Iberia (tail end of the 2015 thread) will hopefully come to a conclusion on Monday - their deadline for responding to my small claims court claim. In the interests of transparency (and to potentially save the hassle of applying for judgment etc.) I have sent them a reminder of the deadline and my intention to request judgment if they haven't responded by then. I know it's very soon after the holidays, but BA seem to have an automated system where they fire something back straight away so they get the extra 14 days, Iberia clearly don't...

This is an amazing wiki/topic - thanks a lot. I can remember from a few years ago I was delayed overnight on a flight to POS which was on one booking via BGI, the flight to BGI was delayed causing me to miss my connection and arrive in POS about 16 hours later than originally I originally should have. It was booked through a travel agent, who should I be contacting for compensation, BA or the travel agent?

I was also delayed with my partner by around 4 hours flying from LGW-MCO 2 years ago, but will need to check on the times. I can't remember the full times, but I will be checking historic flight details and making claims if it was long enough!

EDIT: I am looking on BA's site, and their dates only allow to go back to 2013, my flight was in 2012 - have I left it too late to make a claim?

No you should be OK - see post 7.

Thansk CWS, I will make the claim today and look forward to the bonus of some compensation back. Hopefully I don't have to take it any further, as I hate the hassle of chasing these things.

Hi,
we were scheduled to fly on AA metal from MCO to JFK, then connect onto BA metal to LHR all on one PNR and booked through BA.

The AA flight got delayed 4 hours due to a cracked screen. We missed our BA flight and had to be booked on the first one out the next day. So reached our final destination some 15 hours later than booked.

If I use the webform do I say that the flight that we were delayed is the original BA flight that we were booked on?

I wouldn't bother, you're not covered by EC261 here, since the operating carrier responsible for this, AA, is outwith the scope of EC261 in this case.

Hi, could I ask for some advice please.

I flew back in July 2015 Europe-London-Manchester, all on one ticket on BA. The distance of the combined sectors was greater than 1500km and the distance between the origin and Manchester was also greater than 1500km.

The London-Manchester flight was delayed and arrived over 3 hours late into Manchester.

I claimed from BA and they agreed 250 Euros was due, I replied noting I thought 400 Euros was due as the distance was over 1500km. They agreed, then a day later they sent an email saying the revised advice was wrong and in fact 250 Euros was due as the LHR-MAN leg was less than 1500km.

Is BA correct, it is only the distance of the delayed sector of the flight which counts?

Thanks for your advice.

Jon

There are 2 lines of argument here. One that says that it should be the entire service, another that says if it's just the last sector that was delayed then it can be looked at in isolation. We've had past debates about that in the previous threads and the usual contributors here ended up on both sides of the argument. The latter reading suits BA and not surprisingly it's their SOP. It can certainly be argued reading the text of the Regulation that they got it wrong, it can also be argued they got it right. So it's really up to you to decide whether to take it further or not, but what I can clarify is that the last answer you got is what BA usually states in this scenario.

Ugh, some Iberia reps seem to be from the same school of cut'n'paste merchants as some (by no means all!) of the BA customer relations people. Seemed to think I was asking for compensation again so regurgitated stock answer. Have gone back and suggested they ensure their legal department are aware and that I'm not letting them know out of altruism, but to ensure that they are aware and cannot claim lack of awareness if I receive judgment for an uncontested claim.

Thansk CWS, cheque for £445.14 now in the mail for a flight in 2012 :) would never have claimed for this if it wasn't for this forum and this thread.

Please advise: 24 hour delay due to cancellation
 

First, thanks to all for the wealth of info on this post. I need some advice for my situation: I was due to fly on AUS-LHR-DEL on 1/12/16 but just received an email that BA cancelled both of these flights(very odd, no bad weather, no obvious reason mentioned). They have rebooked me on the same AUS-LHR-DEL flight now departing on 1/13/16.

What should my best course of action be? Should I contact the customer service after I complete this new itinerary which now has a 24 hour delay. I am also missing a domestic flight within India that I booked (not booked through BA).

Can experts here advise?

You can call BA to demand rerouting to avoid such an excessive delay - internal AA flight and then BA/AA transatlantic (likely to get pushback), otherwise nothing to stop you putting in claim once you land in LHR (could even do so now)

The missing Domestic flight is interesting. Under the Montréal Convention BA may also be liable for this, as well as the EC261 aspects. That Convention also has something similar to the "extraordinary cricumstances" clause, indeed that is where it came from originally, but if the cancellation is due to a shortage of aircraft or crew then I think you may be on to something. The flight today out from London is cancelled and since that is 3 hours off that makes me suspect BA's wriggle room will be very tight.

Moreover, as you may have noticed from the above, this relates to the services on the 11 January. If I've understood your post correctly, on the day of your booked travel, BA are actually going to run a flight from Austin to London. If you are being bumped on the 12th January, it presumably is due to the fact that they can't squeeze everyone from today's service to tomorrows.

Now a lot depends on what you would prefer. If you want to get to your destination on the advertised date, then you need to get BA to re-route you, and perhaps bump someone else off your flight. However if they reroute you via DFW or somewhere it may be a more tiring journey to say the least. If you are happy to go the next day but want both EC261 compensation and the domestic service refunded then you need to give BA some opportunity to fix the situation. If the EC261 is fine, and you're happy with that, then you don't have to do much other than claim after the flight.

So depending on the previous paragraph you will need to call BA. If they can't do much for you, ensure that they add into the notes of the PNR about the domestic flight and your preferences.

The EC261 seems a done deal here. I can't see anyway BA could argue out of it.

thank you!
 

Thank You!
 

First, thank you so much for your response. You are spot on! I would rather take the same one stop itinerary one day later than be routed through the inconvenience of a two+ stop itinerary. That's why I am okay with the 24 hour delayed ticket they issued for me.

Can you please elaborate more on your comment here? How do I best communicate with BA if I want EC261 compensation and domestic service refunded(btw I am about to rebook my domestic for a day later now)

"If you are happy to go the next day but want both EC261 compensation and the domestic service refunded then you need to give BA some opportunity to fix the situation"

Also, one last question. Do I need to worry if my itinerary was booked through expedia and it has an american airlines record locator as well. I managed the booking through BA's website with their locator. Both my flights are operated by BA and BA cancelled the AUS LHR leg (for everyone it seems, not just me due to overbooking, no reason mentioned)

Its strange, i put in my and my OH's at the same time, she has no status and im a lowly Bronze.

She had a reply the next morning confirming the payment (6th Jan), i still haven't heard anything yet.

The only difference was my bags were delayed on both legs (hers on the IB), however on the OB my bag was late and i got toiletries to cover myself, which i put on the claim too.

Is this the delay or should I chase this?

So here's my case.
I missed my connecting flight from LHR to HKG due to 1 hr delay of late arrival aircraft at MAD. At MAD airport, BA staff still print me the boarding pass and put me on the delayed flight to try to catch the connecting flight to HKG, instead of route me via other airport back to HKG.
I can't make it at the end of course given that I only have 10 mins running from one gate to another.

So they put me on next day flight which is 14 hrs after original scheduled. I made a request to BA Customer Relation right after the trip and got denied - Reason is ATC. On the other hand, I also sent in another request for delay proof which clearly states that the delay is due to "operational" instead of "air traffic control". Now, BA insist this is due to ATC which is out of their control and decline to make any compensation under EU 261/2004.

So my question is, I have this valid proof of delay issued by BA stating its operational delay - which implying someone is lying about the delay reason. How much chance I can win this claim if I take it to legal action?

If the delay was quite short, and the connection was short, then an ATC delay is quite possible at both LHR, and the MAD end too. So this may be tricky to resolve - it probably won't be difficult for BA to prove that there were ATC delays. EC261 cannot solve all the problems of air travel, and certainly not two of the world's more congested airports.

However the burden of proof, under the regulations, is on the airline. So you are within your rights to email BA and ask them for this proof since otherwise you are minded to send the case to MCOL or perhaps the small claims procedure where you may live. So to answer your question, if you are firmly of the view that it was operational and not ATC (and ideally have some evidence to back this up) then it will be down to the judge.

One point I will highlight: it sounds like the LHR-MAD flight was the original delay culprit, so it is worth finding out whether the ATC delay was to an earlier flight, or whether it was on the LHR-MAD-LHR sectors. If it was earlier in the day then BA are on weaker grounds.

Leave it a few more weeks, if I were you. After a month then by all means complain using the incident number and calling Customer Relations.

I posted this in the 2015 thread early December. I just thought it may be beneficial to feed back that BA have today confirmed bank transfers for the €250 and the £70 taxi fare after requesting a copy of the receipt over Christmas.

2 day delay to arrive (US)
 

The Flight is booked as DEL-LHR-AUS, due to weather, the flight was delayed by 30 Hr in DEL, When arrived in LHR a day late, the connecting flight rebooked has also left and stayed overnight in LHR and finally arrived in AUS 2 days later than originally planned.

Should I make claim in EU261?

Since the original delay was due to Weather at a Non EU airport, is it still covered.

the delay in LHR is due to delayed arrival (even the revised one) and missing the connecting - would that strengthen the claim?

Not much downside to putting a claim in, but likely to get knocked back. Would make sure to structure the claim to capture the rescheduling delay and then the arrival delay after that - so you can maximise information they should provide. I'd also check delays for other EU airlines around the same time as point of comparison, e.g. if AF and LH faced same issues with much shorter delays, as would lay groundwork for subsequent escalation

I presume this was the fog at DEL recently? 30 hours is still a massive delay - was it a diverted / cancelled inbound and then crew hours or something?

My flight in DEL sat on ground for 8 hrs and crew timed out. They pushed the flight to next day - but still departed by 3+ hours late than the revised time.

Thanks CWS !

To further clarify my case is that, I am sure the chance of proving it's non-ATC delay is very slim. However, I have this "delay proof" issued by BA after I took the flight which specifically put the delay reason is "operational". And the proof explicitly states that it would state the delay reason as "ATC" for any delay due to air traffic control. So I am sure the CS rep is lying. I dont think the team processing the delay proof would be wrong in this case.

So I am asking, how much chance do I have if i bring this to MCOL or somthing? Thanks!

I think it almost impossible that the CS person was lying in any direct sense of the word. Why? Because if it came out in court that BA was telling lies to avoid its legal obligations, the ramification for the company would be far reaching to say the least. A lie would be pointless, it would simply end the career of the staff member concerned, since it is in breach of the staff members' code of conduct. Other explanations do exist and are more plausible.

As for MCOL, well that is where both sides present their evidence and the judge will decide on the balance of probabilities. The die are loaded in your favour in two aspects, the burden of proof falls to BA more than you. Secondly the Regulations underlying purpose is to help passengers, not airlines. So you could give it a shot, if BA allow it to get to court then you'll know they have evidence to back up their claims. Your risk stake is limited to the court fee, unless you are reckless in your legal approach.

came through on friday night, so all good

Big thank you
 

Big thanks to you guys. If not for this forum, I would have never received the 1200 Euros I just did for my claim. They honored it in 3 days of me submitting it! Mind Blown!

"extraordinary circumstances"
 

I was just denied compensation due to "extraordinary circumstances".
These circumstances were a fault with the plane, and I quote "The aircraft was new and this failure could not be avoided by any possible maintenance action".
Instead, I'm offered a small voucher, with 2 weeks to accept this as final offer.
Any thoughts as to whether this really is "extraordinary circumstances".

Welcome to Flyertalk nicnet and the BA forum. It's good to see you here and I very much hope that you will be able to make good use of the resource. Welcome on board.

I think it's unlikely that being "new" is sufficient. The courts are operating off a high bar in this area, the one identified "technical" fault that I know of that would be extraordinary would be if Boeing or Airbus issued some advisory that grounded lots of aircraft unexpectedly. Broadly speaking extraordinary needs to be exactly that. Now it's a bit difficult to be specific since there aren't enough details here (and it doesn't sound like a BA procedure either) but just being new isn't to my mind extraordinary.

unusual response from BA...what was the aircraft?

Looking at other forums I believe this was not a BA flight but a Finnair A350 and poster has posted on the wrong board

Actually you're right -this was not a BA flight.
Sorry - I was looking for advice on what constitutes "extraordinary circumstances" in general, rather than specifically for BA.
Hopefully I don't tread on too many toes posting here? By all means delete my post if it does ;-)