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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)

Gig103 Jul 22, 16 12:09 am

Hi all,

I flew a BA route VIE-LHR-SJC-PHX on July 17. The London departure was delayed 1 hour (we sat on the tarmac while they removed luggage from the hold, then lost our tug, then lost our departure slot). This caused me to miss my connecting flight in the USA.

The BA agent in the arrivals hall gave me a form for a hotel claim, and had me rebook with AA for the next morning. I arrived at my final destination (PHX) 11.25 hours later than scheduled (08:15 instead of 21:00).

1) Seems to me that my wife and I are each entitled to €600, but I'd like a more expert confirmation of this before I reach out to BA.

2) My hotel claim should be independent of the EC261, correct?

ptr120 Jul 22, 16 2:55 am

Hi all,

I've had a claim for EU261 compensation turned down for a flight from DUS - LHR. The flight was 'first thing' in the morning (so nightstop in DUS). BA have sighted weather as the reason, yet Germanwings managed to operate this route on time - both on the morning I was due to fly, and also from LHR to DUS the previous evening. I was notified of the cancellation at around 4pm the previous day.

Give up and put it down to experience, or push them on this? I do understand that weather causes issues but when another airline can operate on the same route more or less on time I do find the weather excuse rather lame. Does the weather have to be at the time of my flight, or can it be any weather that has impacted the schedule of that aircraft in the preceding 24 hours?

pmcg Jul 22, 16 4:44 am

BA0227 LHR-ATL 24 June 2016 Delayed 5 Hours 13 Minutes
 
BA0227 LHR-ATL 24 June 2016 Delayed 5 Hours 13 Minutes

I've just had a claim denied stating:

"Your claim’s been refused because BA0227 on 24 June was delayed because of aircraft damage, which wasn’t caused by us"

I'm assuming this is just standard practice and I will now ask for further details on the damage and who caused this before deciding to pursue this further?

UKtravelbear Jul 22, 16 4:59 am


Originally Posted by Gig103 (Post 26951523)

2) My hotel claim should be independent of the EC261, correct?


Can't comment on the delay claim but in all likely hood yes


Yes it is independent of the delay (but 'duty of care' i.e. hotel is part of EU261) .

Submit the reimbursement form to BA with receipts etc but don't conflate it with the delay claim.

UKtravelbear Jul 22, 16 5:07 am


Originally Posted by pmcg (Post 26952039)
BA0227 LHR-ATL 24 June 2016 Delayed 5 Hours 13 Minutes

I've just had a claim denied stating:

"Your claim’s been refused because BA0227 on 24 June was delayed because of aircraft damage, which wasn’t caused by us"

I'm assuming this is just standard practice and I will now ask for further details on the damage and who caused this before deciding to pursue this further?

Yes ask them for more information. It is for them to supply the evidence not you.

It is the 'us' that is important.

my understainding is that the 'us' is not just BA directly but their contractors too so if for example it was a truck belonging to the catering contractor delivering to the BA plane then than counts as 'us' (so compensation payable) but if it was a truck or plane belonging to someone else then it is not 'us' that caused the damage (so no compensation) as that wasn't under BAs control.

MBDublin Jul 22, 16 6:41 am


Originally Posted by MBDublin (Post 26831773)
However when I tried to board I was told I was already off loaded because of the delayed DUB flight and as the flight was full I could not be reloaded. I was rebooked onto TAP arriving into LIS with a delay of 3.5 hrs.

As I was at the gate approx. 20mins before scheduled departure and boarding was still underway is this a clear case of IDB? With no conformance at T3 is it normal to be offloaded under these circumstances?


Originally Posted by corporate-wage-slave (Post 26831807)
I believe so, and there is one almost exactly similar case here, when the Court of European Justice ruled in the passengers' favour, in the case of Germán Rodríguez Cachafeiro, María de los Reyes Martínez-Reboredo Varela-Villamor v Iberia, Líneas Aéreas de España SA. (Quite a mouthful!).

I doubt BA will be helpful on this, but please keep us posted. Congratulations on a sub 1 hour connection, I can't entirely fault BA for thinking you wouldn't make it.

The initial response from BA as predicted by CWS was stating that as MCT was not met they were right to offload me. I have replied stating that BA own MCT conditions does not override EC261 and quoted the legislation above. Interestingly the CS response states that the flight was not oversold and that it departed with empty seats despite me being told the opposite on the day. I have provided BA further details on this and asked why I have been given two contradictory pieces of information .
I will update further in due course.

corporate-wage-slave Jul 22, 16 9:24 am


Originally Posted by UKtravelbear (Post 26952097)
Yes ask them for more information. It is for them to supply the evidence not you.

It is the 'us' that is important.

my understainding is that the 'us' is not just BA directly but their contractors too so if for example it was a truck belonging to the catering contractor delivering to the BA plane then than counts as 'us' (so compensation payable) but if it was a truck or plane belonging to someone else then it is not 'us' that caused the damage (so no compensation) as that wasn't under BAs control.

Indeed. That's why it is very important to find out the cause of delays at the time - via airport staff and airline crew. Because it's up to BA to prove their position you would be in a far stronger position at this point if you could reply that as far as you are concerned it was caused by a catering contractor (or whatever) and therefore still liable for compensation. This wording, incidentally, is used for bird strike damage. That is possibly a grey area, but at least one county court has awarded compensation for that.

corporate-wage-slave Jul 22, 16 9:41 am


Originally Posted by Gig103 (Post 26951523)
I flew a BA route VIE-LHR-SJC-PHX on July 17. The London departure was delayed 1 hour (we sat on the tarmac while they removed luggage from the hold, then lost our tug, then lost our departure slot). This caused me to miss my connecting flight in the USA.

The BA agent in the arrivals hall gave me a form for a hotel claim, and had me rebook with AA for the next morning. I arrived at my final destination (PHX) 11.25 hours later than scheduled (08:15 instead of 21:00).

1) Seems to me that my wife and I are each entitled to €600, but I'd like a more expert confirmation of this before I reach out to BA.

2) My hotel claim should be independent of the EC261, correct?

1) Compensation may not get you too far here: BA will doubtless claim, with some justification, that there was weather related ATC slots causing delays. Since you were only an hour late then BA won't need to ascribe much to this cause before your claim becomes hopeless. Now you will presumably be able to answer that if BA had enough tugs they wouldn't have missed an earlier slot, but just to let you know this may not be a slam dunk.

2) The right of care, relating to hotels, is indeed a more robust claim. It can be submitted with the claim for compensation (which is what I would do) or separately if you prefer.

Gig103 Jul 22, 16 11:13 am


Originally Posted by corporate-wage-slave (Post 26953156)
1) Compensation may not get you too far here: BA will doubtless claim, with some justification, that there was weather related ATC slots causing delays. Since you were only an hour late then BA won't need to ascribe much to this cause before your claim becomes hopeless. Now you will presumably be able to answer that if BA had enough tugs they wouldn't have missed an earlier slot, but just to let you know this may not be a slam dunk.

2) The right of care, relating to hotels, is indeed a more robust claim. It can be submitted with the claim for compensation (which is what I would do) or separately if you prefer.

Hrm. Regarding #1, it was a clear day on Sunday; we missed our slot due to the delay on the baggage & tug, although if I read other posts the burden of proof is on BA not me for this? I guess it doesn't hurt to submit, since I already need to for the hotel.

Fun fact - the URL that I was given for the hotel compensation doesn't work.

lorcancoyle Jul 22, 16 2:23 pm


Originally Posted by Gig103 (Post 26953574)
Hrm. Regarding #1, it was a clear day on Sunday; we missed our slot due to the delay on the baggage & tug, although if I read other posts the burden of proof is on BA not me for this? I guess it doesn't hurt to submit, since I already need to for the hotel.

Fun fact - the URL that I was given for the hotel compensation doesn't work.

In my recent claim against Iberia it was a 31 min delay for offering bags and 3 mins for ATC - judge decided to ignore the ATC aspect, but agree with CWS that it can be disputed. They will probably claim offloading bags was extraordinary, but feel free to use any of the docs I've linked to above on this topic in correspondence

OttoMH Jul 23, 16 2:34 am


Originally Posted by bazza1603 (Post 26944624)
What the magic word to get a reply within 3 days. I have been waiting for 14 days!!

I phoned the Gold line and asked them to register the claim. I also used Resolver with BAEC Gold in the title of the email. I'm not entirely sure which route was successful, I suspect the first one as I was emailed back to my personal email by one of the UK contact centres. There was also a note in my PNR "EU COMPENSATION" which was put in at the rebooking.

peterfox Jul 23, 16 5:19 am

Hi,

I misconnected in LHR on the following routing;
OSL-LHR-IAH
Reason, was late incoming aircraft in OSL.
I rebooked myself on the last connection cross the atlantic,
OSL-LHR-ORD-IAH, and arrived more than five hours delayed.
I filed a claim on July 6th but have not heard anything yet,
I tried calling, but was told that they had a great back-log, and did not respond on the telephone.
Any idea how to get my compensation / reimbursement ??

corporate-wage-slave Jul 23, 16 5:40 am


Originally Posted by peterfox (Post 26956644)
I filed a claim on July 6th but have not heard anything yet,
I tried calling, but was told that they had a great back-log, and did not respond on the telephone.
Any idea how to get my compensation / reimbursement ??

Though they have been able to process some claims quite quickly, including recently for status passengers, at the moment there is indeed a backlog stemming from the FLY rollout. I think it's reasonable to wait a month and then consider following the 16 days notice before MCOL, as indicated in the initial posts here.

ShuttleRunner Jul 23, 16 12:57 pm

Hi all,

Just looking for a general 'what would you do' in my case, as I'm a bit confused when trying to determine if I am entitled to anything despite this wonderfully helpful thread.

My flight was proactively cancelled yesterday due to anticipated weather (I got a text around 1pm on the day) - LHR-GLA BA1492 6.15pm due to arrive 7.40pm.

I was then rerouted on a flight from LCY and unable to change this as there were no other seats available that night apparently - LCY-GLA BA2214 7.30pm. This flight was then delayed due to late incoming aircraft and did not arrive until 11.03pm. 2 flights left in the meantime and we were unable to move onto them even though there may have been no-shows.

I am a gold card holder, and am now out of pocket for the trip from LHR to LCY, and also as I had no lounge access and was with a guest (blue), had to pay a (very reasonable for LCY!) £60 meal for the both of us, plus we were 3h23 late arriving at our destination. All we got was a £5 voucher each after much persuasion...

Do you think I have any sort of case or can reimburse the extra expense? Thanks in advance.

lorcancoyle Jul 23, 16 2:43 pm


Originally Posted by ShuttleRunner (Post 26958019)
Hi all,

Just looking for a general 'what would you do' in my case, as I'm a bit confused when trying to determine if I am entitled to anything despite this wonderfully helpful thread.

My flight was proactively cancelled yesterday due to anticipated weather (I got a text around 1pm on the day) - LHR-GLA BA1492 6.15pm due to arrive 7.40pm.

I was then rerouted on a flight from LCY and unable to change this as there were no other seats available that night apparently - LCY-GLA BA2214 7.30pm. This flight was then delayed due to late incoming aircraft and did not arrive until 11.03pm. 2 flights left in the meantime and we were unable to move onto them even though there may have been no-shows.

I am a gold card holder, and am now out of pocket for the trip from LHR to LCY, and also as I had no lounge access and was with a guest (blue), had to pay a (very reasonable for LCY!) £60 meal for the both of us, plus we were 3h23 late arriving at our destination. All we got was a £5 voucher each after much persuasion...

Do you think I have any sort of case or can reimburse the extra expense? Thanks in advance.

Duty of care still applies, so they should have provided vouchers for refreshments I believe (this is fairly limited in value, maybe £10-15 each I think). Similarly with a reroute they should be paying for transport between the two airports. I agree that LCY costs means £15 would barely buy a starter and a drink, but they might balk at £30 each without a receipt.

No compensation due for weather related delays (unless you fight all the way and get a remarkably accommodating judge), and as the rebooked flight was less than 3 hours delayed I don't believe you qualify.

I'd put in a claim for refreshments on the basis that what BA provided with a £5 voucher was inappropriate for the delay and the location (were the staff who eventually provided that aware that you were originally on a cancelled flight? The reg states "meals and refreshments in reasonable relation to the waiting time"


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