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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)

cyclomania Aug 9, 2016 4:25 am

I think there is still a post waiting for approval, which will hopefully be posted soon.

About the different departure airports: the option was never mentioned during the phone conversation. It would be super inconvenient as well, since all airports are 2+ hours drive from Trier/Germany (where I will stay).

The reason why I don't want to cancel and fly with another airline is that I used avios points as a part payment (saved me a third of the price), and I am flying with a friend on the way to LUX who is a very anxious flyer and has never connected in LHR. Furthermore, it would be more expensive and take much longer (e.g. one-way LUX-AMS-NCL is about 300 GBP).

I am just angry about the incompetence of the CS person, who gave me the wrong information, offered routes that don't exist (LUX-CDG) and didn't explore all the possibilities.

corporate-wage-slave Aug 9, 2016 4:39 am


Originally Posted by cyclomania (Post 27037086)
I am just angry about the incompetence of the CS person, who gave me the wrong information, offered routes that don't exist (LUX-CDG) and didn't explore all the possibilities.

LUX-CDG certainly does exist, BA do re-route on to other carriers sometimes (though not often).

I can fully understand why you're annoyed by this, but leaving aside the handling, the fact is that you probably have a better grasp of the geography around there than the person you were talking to. From what I know, the best way forward is to ask BA to reroute your ticket to FRA-LHR-NCL, then send in the train ticket after the event and see if they will pay for it. BA do offer codeshares from CGN too, but I'd be surprised if the timing worked for that. In other words, I'd advise you to focus on an acceptable outcome.

Jordan D Aug 9, 2016 8:12 am

One for CWS: flight cancelled on 18 July (LIS-LHR, BA500, as referenced up thread).

Submitted on 25 July, the EU261 claim and received CR reference
Submitted on 30 July, the claim for "duty of care" (1 hotel night for 2 pax, taxi to/from airport), and received CR reference

To date - now 2 weeks from the EU261 claim - nothing heard from BA. Is that within timelines or am I within rights to chase?

corporate-wage-slave Aug 9, 2016 8:16 am

Leave it a month would be my view. It seems either to be quick or slow, and nothing in between!

bazza1603 Aug 9, 2016 10:02 am


Originally Posted by Jordan D (Post 27037853)

To date - now 2 weeks from the EU261 claim - nothing heard from BA. Is that within timelines or am I within rights to chase?

I have been waiting since June for mine. Had a reply 7th July rejecting my claim and nothing since to my follow up.

firstlight Aug 9, 2016 12:23 pm

EU261 compensation in under 2 weeks
 

Originally Posted by firstlight (Post 27009978)
Everyone,

So BA in record time (5 days for me at least) have admitted EU261 liability on the infamous BA2552 to Heraklion on 21 July. Whatever nasty smell was in the cabin was not blamed on extraordinary circumstances and they are paying out immediately with no quibble.

To finish, the compensation hit my account today - 10 days from complaint and less than 3 weeks since the flight in question. While I know this thread has a lot of problems from others posted, credit where credit is due, BA have handled my claim very quickly and efficiently.

hmv Aug 9, 2016 3:40 pm

In my case, British Airways is quite slow:

Filed my complaint on the 28th of June, haven't heard back since I contacted them myself in the 3rd week of July. Received a response on that email stating that they have sent a request for further investigation to their HQ in London.

Interestingly enough, when I requested the Proof of Delay, the reason for delay was stated as "Operational", so it feels like BA is just stalling the case. Is anyone aware of operational delays that are excluded in the EU261/2004 regulation?

Right now, 6 weeks after I filed my complaint still no reaction on my case, so I have sent them another reminder and mentioned that I will contact the national Civil Aviation Authority if I get an unsatisfying reply from my email.

Anyone with experience contacting the national CAA for a EU261/2004 case?

hmv Aug 9, 2016 3:48 pm

And another question about my case:

Because of a missed connection (operational delay) I missed my connection at LHR: arrived a day later at my destination and during the whole rebooking process managed to move my return flight to a day later as well. Does this mean that I lose my right on the EU261/2004 compensation or does it only look at the outbound flight situation?

serfty Aug 9, 2016 3:53 pm


Originally Posted by hmv (Post 27040306)
...
Anyone with experience contacting the national CAA for a EU261/2004 case?

Most experience posted here re CAA indicates it can be unfruitful.

I suggest you follow the process as outlined in the first posts of this thread (especially point 27 of post 1) but bypassing the CAA and go strait to MCOL if eligible (as mentioned in point 36).

lorcancoyle Aug 9, 2016 3:57 pm


Originally Posted by hmv (Post 27040358)
And another question about my case:

Because of a missed connection (operational delay) I missed my connection at LHR: arrived a day later at my destination and during the whole rebooking process managed to move my return flight to a day later as well. Does this mean that I lose my right on the EU261/2004 compensation or does it only look at the outbound flight situation?

In my opinion, no. Any gesture like that is goodwill - potentially to avert a greater loss for airline. E.g. pax claiming flight now serves no purpose and getting return to origin and full refund and compensation vs. move return flight and avoid the refund aspect...

Not to say that they won't try that approach, but definitely worth fighting if they do so

Suggs99 Aug 10, 2016 2:48 am

Cancelled Connection - Missed Flight - Canada
 
Hi

I have checked and I doubt I am covered but it was all bought on one BA ticket with BA flight numbers?

It was abit of a nightmare trip home in the end, my suitcase is still missing after 3 days.

Original booked


5th Aug BA6461 19:30 YOW - YYZ (operated by WestJet)
5th Aug BA0098 21:50 YYZ - LHR

At checkin at Ottawa the 19:30 flight was cancelled and I was put on the next flight WS3485 departing 20:05

We arrived at Toronto on time, but the gate was occupied and in the end we got to gate at 21:46, so I missed my flight. The Gate agent for BA was very good and put me on the next flight, which departed the next day at 18:35 (BA92) I am guessing this is how the suitcase went missing?

As I say I doubt it is covered, but this was one booking with BA flight numbers, is there a suggestion or two?? The WestJet covered one night stay in a Toronto airport hotel, hardly covers the lost day.

Thanks

corporate-wage-slave Aug 10, 2016 3:11 am


Originally Posted by Suggs99 (Post 27042389)
Original booked
5th Aug BA6461 19:30 YOW - YYZ (operated by WestJet)
5th Aug BA0098 21:50 YYZ - LHR

I'm afraid I think you will not get far with this. As you hint in your question, the operating airline at fault here is WestJet, and so they are outside the scope of this Regulation. So your only approach is a complaint to WestJet on a customer service basis (lack thereof) and / or the Canadian transportation enforcement body. I don't know anything about that, but I suspect it won't go far.

Otherwise, well into the "stuff happens" territory, I'm afraid. For the bag, typically that will get to you 3 days late, so long as you've done all the WorldTracer stuff you just let them get on with it. If you are based in Canada you can make a reasonable claim for cosmetic, clothing and other essentials. If you are based in the UK then you cannot normally do this.

Suggs99 Aug 10, 2016 3:40 am


Originally Posted by corporate-wage-slave (Post 27042434)

Otherwise, well into the "stuff happens" territory, I'm afraid. For the bag, typically that will get to you 3 days late, so long as you've done all the WorldTracer stuff you just let them get on with it. If you are based in Canada you can make a reasonable claim for cosmetic, clothing and other essentials. If you are based in the UK then you cannot normally do this.

It certainly does and thats what I thought, just had a nagging doubt as BA flight numbers were used. Thanks for the confirmation

With regards to the bag I am based in UK so sucking it and seeing, though I just noticed that the flight number from YOW-YYZ is the cancelled one and not the actually flown one!!

Fly_By_Wire Aug 11, 2016 5:19 am


Originally Posted by Fly_By_Wire (Post 26915529)
Many thanks. Yes, the Waterside address is where all the Iberia SAE UK Companies House filing is registered to, so I'm sure a letter from HM Courts & Tribunal Service will find its way to the right place.

Quick update on this one (I really enjoy reading other people's updates..)

After (finally) serving the MCOL papers to Iberia, they have acknowledged and intend to defend all of the claim. Really want to know what defence they are going to submit, as up to now their CS repsonses have (IMHO) been hopeless.

Intriguingly, the N9CPC Response Pack is signed by the 'HR Supervisor' at Iberia, Waterside. And a quick LinkedIn search confirms that indeed she is. Is it usual for large corps/airlines have their HR people sign legal docs?? Guessing it's just a 'small' rep office for Iberia?

lorcancoyle Aug 11, 2016 7:56 am


Originally Posted by Fly_By_Wire (Post 27048241)
Quick update on this one (I really enjoy reading other people's updates..)

After (finally) serving the MCOL papers to Iberia, they have acknowledged and intend to defend all of the claim. Really want to know what defence they are going to submit, as up to now their CS repsonses have (IMHO) been hopeless.

Intriguingly, the N9CPC Response Pack is signed by the 'HR Supervisor' at Iberia, Waterside. And a quick LinkedIn search confirms that indeed she is. Is it usual for large corps/airlines have their HR people sign legal docs?? Guessing it's just a 'small' rep office for Iberia?

I could probably tell you her name, but it's against FT rules. What they filed for my case was, I think:
- log detailing flight delay with IB delay codes
- the (old) CAA EC261 extraordinary circumstances list
- some extracts from their internal manuals re delay codes / security
- witness statement from HR supervisor who was "familiar with Iberia systems"

They were eviscerated in court in the end, but wasted time and money (mine and theirs) in defending a hopeless case. Have Kennedys (solicitors) got involved yet?


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