serfty

It is the operating carrier who must pay eu261 compensation/costs.

Presumable your CE flight was with BA, so then you start and stop with them.

From here you need to follow the process outlined in the first posts of this thread, especially post #1 (general), Post #1 section 7 (specific) and Post #5. As a London/UK resident, MOCOL is available to you.

Note the following from post #1:

kurto1

So my situation as follows: Flight cancelled; rebooked onto flight 24 hrs later and downgraded.

I understand that I am entitled to partial refund for the downgrade and compensation for the delay - is this correct? Is there a correct order to do things (e.g. would BA consider the matter closed after an EC261 payout and not then pay refund on top)?

Further question - I was travelling with infant in arms, so does EC261 apply separately to her also?

Thanks for the help!

corporate-wage-slave

Depends a bit on the circumstances, but you want the 75% downgrade compensation and the (up to) 600€ delay compensation on top. Just say what you want, there's no particular order in here but use the words EC/261. You can expect difficulties here, BA don't like paying downgrade compensation and may well suggest a very low rate for this, so it depends on your appetite to get this (e.g. your opening tactic can be to demand a 75% refund on the entire ticket cost, single and return and including connecting flights). The delay compensation shouldn't be problematic unless it was weather (etc) related. EC261 clearly states it is the minimum airlines should do, they are free to offer more (but actually BA along with the rest of the industry regard it as the absolute maximum). Your children get full entitlement unless on a completely free ticket.

kurto1

Thanks CWS.

I was wondering if i should treat the delay and downgrade separately and therefore claim separately, but from what you are saying i should definitely do it through one claim form, and specifically mention the EC/261.

And, yes, I dont yet know if BA have some reason for claiming 261 doesn't apply, only info relates to "Operational Issues"

rob_flies_ua

I was on a 22 hour delayed category 3 service, rebooked to depart more than one hour earlier than originally scheduled, and downgraded to boot. Sent in my request for delay + downgrade compensation and was denied on all fronts since I arrived early at my final destination. Have since replied repeating the hour earlier departure and that the downgrade was regardless of arrival time.

phb

Yes - another EU regulation query, but bear with me.

We were caught up with storm Katie in March and we were travelling MAN-LHR-JFK on 28th March.

Originally booked on to BA1391, then cancelled and booked onto BA1395 and eventually flew on BA1399. 1399 was delayed by 90 minutes (with us sat on the stand) and we missed our JFK connection. Normally there's no issue, Katie was a major storm and it would be a classic 'extraordinary circumstance'. Fair enough.

However, Katie was over and done with in the morning, and the scheduled time for BA1399 was 1545hrs. BA are claiming a weather delay for BA1399. How long do Extraordinary Circumstances last?

Any experts out there?

scottishpoet

Anything same day and potentially next day as aircraft and crews will be out of position

lorcancoyle

They can't miraculously recover from a major storm with diversions at the drop of a hat. No chance of compensation IMO

phb

Do you have a link for that? I understood from the CAA site that the weather had to directly affect the flight in question.

simons1

If the aircraft you were due to fly on from MAN to LHR was delayed on a previous journey, or stuck on the tarmac at Heathrow due to a departure backlog, or slot restrictions then the weather did directly affect your flight.

Frustrating I know but I wouldn't waste your time on it.

phb

In this case the we were loaded on time, so no.

simons1

I'm sure BA will argue there were slot restrictions in place, and/or that available landing slots at LHR were being used to accommodate flights that had been delayed from the morning, diverted elsewhere etc.

Even if you boarded on time it doesn't mean your flight was unaffected.

I'd be surprised if one of the no success/no fee lawyers would take this on.

Swampz64

BA16 cancelled today, friend flying SYD-SIN-LHR straight through. Does he lose out on EU261 as the cancelled flight is the SYD-SIN leg? BA are now re-routing him via Hong Kong on CX.

NickB

If he is on BA16 all the way, I would have thought that he would be covered. The fact that the plane makes an intermediate stop somewhere else makes no difference, imo. If he stopped over in SIN or took another BA flight from SIN, this would be a different matter.

Swampz64

NickB trying to see if anyone has sucessfully claimed. As we all know our opinion and the law don't always match! I'm guessing as he was re-routed and arrives at least 8 hours late he will be OK.