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-   -   The 2016 BA compensation thread: Your guide to Regulation 261/2004 (https://www.flyertalk.com/forum/british-airways-executive-club/1735482-2016-ba-compensation-thread-your-guide-regulation-261-2004-a.html)

corporate-wage-slave Jan 7, 2016 2:18 am


Originally Posted by mattking2000 (Post 25976591)
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.

aidy Jan 7, 2016 4:43 am


Originally Posted by mattking2000 (Post 25976591)
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?

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

Wozza2404 Jan 7, 2016 5:03 am

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?

corporate-wage-slave Jan 7, 2016 5:17 am


Originally Posted by Wozza2404 (Post 25977042)
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.

lorcancoyle Jan 7, 2016 5:42 am

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...

jamesreid978 Jan 7, 2016 6:03 am

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?

corporate-wage-slave Jan 7, 2016 7:26 am


Originally Posted by jamesreid978 (Post 25977235)
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.

jamesreid978 Jan 7, 2016 7:49 am


Originally Posted by corporate-wage-slave (Post 25977566)
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.

moneypooraviosrich Jan 7, 2016 3:13 pm

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?

corporate-wage-slave Jan 7, 2016 3:15 pm


Originally Posted by moneypooraviosrich (Post 25980317)
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.

JONNYBOY Jan 8, 2016 5:34 am

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

corporate-wage-slave Jan 8, 2016 6:04 am


Originally Posted by JONNYBOY (Post 25983098)
The London-Manchester flight was delayed and arrived over 3 hours late into Manchester.

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.

lorcancoyle Jan 8, 2016 9:00 am


Originally Posted by lorcancoyle (Post 25977166)
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...

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.

jamesreid978 Jan 10, 2016 12:42 am


Originally Posted by corporate-wage-slave (Post 25977566)
No you should be OK - see post 7.

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.

misaggie Jan 10, 2016 11:22 pm

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?


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