The 2016 BA compensation thread: Your guide to Regulation 261/2004
Dec 30, 2016, 10:27 am
#1411
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I appreciate that today is replete with hassle for all concerned, including BA's staff, but all your friend will get is right of care. Realistically compensation doesn't happen in these circumstances. If he hasn't got lounge access he should try and get a meal voucher once airside. And just in case, I'd have a few hotel telephone numbers handy......
Dec 30, 2016, 10:31 am
#1412
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I appreciate that today is replete with hassle for all concerned, including BA's staff, but all your friend will get is right of care. Realistically compensation doesn't happen in these circumstances. If he hasn't got lounge access he should try and get a meal voucher once airside. And just in case, I'd have a few hotel telephone numbers handy......
Dec 30, 2016, 11:47 am
#1413
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Any reimbursement available for my situation:
My flight was delayed into LHR earlier today due to fog and I missed my connection to ZRH and am forced to overnight in London. I had also booked a train-ride from ZRH to a small mountain town -- this was originially schedule for later tonight.
BA has already re-booked my flights for tomorrow, but I'll have to pay > $230 to get new train tix. Any chance BA will reimburse for the trains?
Original BA itin was booked on a CC with no travel delay so that is out the window. Originial train fares were booked on Chase Ink+ CC, but I don't think I qualify for any reimbursement for train fares under their insurance, even though we are delayed > 6 hours *and* overnight.
Thanks for any help, hope others are having better luck in other parts of the world
My flight was delayed into LHR earlier today due to fog and I missed my connection to ZRH and am forced to overnight in London. I had also booked a train-ride from ZRH to a small mountain town -- this was originially schedule for later tonight.
BA has already re-booked my flights for tomorrow, but I'll have to pay > $230 to get new train tix. Any chance BA will reimburse for the trains?
Original BA itin was booked on a CC with no travel delay so that is out the window. Originial train fares were booked on Chase Ink+ CC, but I don't think I qualify for any reimbursement for train fares under their insurance, even though we are delayed > 6 hours *and* overnight.
Thanks for any help, hope others are having better luck in other parts of the world
Dec 30, 2016, 11:51 am
#1414
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You won't get EC261 compensation for this or anything else today. Strictly speaking this is considered a consequential loss, and as is the norm across the airline industry, that is something for your insurance, not the airline. It's possible BA may give you some exgratia contribution to this, but unless you have good status with BAEC I have my doubts.
Dec 30, 2016, 11:54 am
#1415
Join Date: Aug 2015
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Any reimbursement available for my situation:
My flight was delayed into LHR earlier today due to fog and I missed my connection to ZRH and am forced to overnight in London. I had also booked a train-ride from ZRH to a small mountain town -- this was originially schedule for later tonight.
BA has already re-booked my flights for tomorrow, but I'll have to pay > $230 to get new train tix. Any chance BA will reimburse for the trains?
Original BA itin was booked on a CC with no travel delay so that is out the window. Originial train fares were booked on Chase Ink+ CC, but I don't think I qualify for any reimbursement for train fares under their insurance, even though we are delayed > 6 hours *and* overnight.
Thanks for any help, hope others are having better luck in other parts of the world
My flight was delayed into LHR earlier today due to fog and I missed my connection to ZRH and am forced to overnight in London. I had also booked a train-ride from ZRH to a small mountain town -- this was originially schedule for later tonight.
BA has already re-booked my flights for tomorrow, but I'll have to pay > $230 to get new train tix. Any chance BA will reimburse for the trains?
Original BA itin was booked on a CC with no travel delay so that is out the window. Originial train fares were booked on Chase Ink+ CC, but I don't think I qualify for any reimbursement for train fares under their insurance, even though we are delayed > 6 hours *and* overnight.
Thanks for any help, hope others are having better luck in other parts of the world
The airline is not liable for any consequential expense as a result of delay, whether they've committed an EU261-able offence or not. In this case, fog, no EU261 compensation is owed to you (but they do have a duty of care, which it seems they've fulfilled?)
Do you have a travel insurance policy? Does your chase card have an actual travel insurance policy bundled with it? Travel insurance should cover your train ticket cost, depending on the fine print.
Edit: Ah, beaten by C-W-S. Two responses is better than one, I suppose
Dec 30, 2016, 11:58 am
#1416
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I appreciate that today is replete with hassle for all concerned, including BA's staff, but all your friend will get is right of care. Realistically compensation doesn't happen in these circumstances. If he hasn't got lounge access he should try and get a meal voucher once airside. And just in case, I'd have a few hotel telephone numbers handy......
If a hurricane hit LHR, that would be exceptional. However, few would argue that fog in late December was exceptional - indeed based on recent years "normal" would be a better description.
Another point to consider is that the weather has to directly affect the flight cancelled or delayed - thus late or cancelled inbounds causing knock on delays or cancellations is not an exceptional circumstance.
I am directly affected by the current fog with a cancelled flight leading to a 13 hour delay. I shall be pursuing BA for EU261 compensation, via MCOL if necessary. If it comes to that, I'll report back whether BA's lawyers attempt to argue that December fog at LHR is exceptional.
Dec 30, 2016, 12:21 pm
#1417
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Any reimbursement available for my situation:
My flight was delayed into LHR earlier today due to fog and I missed my connection to ZRH and am forced to overnight in London. I had also booked a train-ride from ZRH to a small mountain town -- this was originially schedule for later tonight.
BA has already re-booked my flights for tomorrow, but I'll have to pay > $230 to get new train tix. Any chance BA will reimburse for the trains?
Original BA itin was booked on a CC with no travel delay so that is out the window. Originial train fares were booked on Chase Ink+ CC, but I don't think I qualify for any reimbursement for train fares under their insurance, even though we are delayed > 6 hours *and* overnight.
Thanks for any help, hope others are having better luck in other parts of the world
My flight was delayed into LHR earlier today due to fog and I missed my connection to ZRH and am forced to overnight in London. I had also booked a train-ride from ZRH to a small mountain town -- this was originially schedule for later tonight.
BA has already re-booked my flights for tomorrow, but I'll have to pay > $230 to get new train tix. Any chance BA will reimburse for the trains?
Original BA itin was booked on a CC with no travel delay so that is out the window. Originial train fares were booked on Chase Ink+ CC, but I don't think I qualify for any reimbursement for train fares under their insurance, even though we are delayed > 6 hours *and* overnight.
Thanks for any help, hope others are having better luck in other parts of the world
Dec 30, 2016, 12:27 pm
#1418
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Dec 30, 2016, 12:28 pm
#1419
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I know, I live in Switzerland!
Try get a 3day pass or so. Might be cheaper, depending on how long you're staying.
Dec 30, 2016, 12:29 pm
#1420
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Another point to consider is that the weather has to directly affect the flight cancelled or delayed - thus late or cancelled inbounds causing knock on delays or cancellations is not an exceptional circumstance.
I am directly affected by the current fog with a cancelled flight leading to a 13 hour delay. I shall be pursuing BA for EU261 compensation, via MCOL if necessary. If it comes to that, I'll report back whether BA's lawyers attempt to argue that December fog at LHR is exceptional.
I am directly affected by the current fog with a cancelled flight leading to a 13 hour delay. I shall be pursuing BA for EU261 compensation, via MCOL if necessary. If it comes to that, I'll report back whether BA's lawyers attempt to argue that December fog at LHR is exceptional.
For your second point, I suspect over time the CJEU could be persuaded to your logic (and presumably the Supreme Court in due course). However in terms of the here-and-now, I think the difficulty you will have is that in defining extraordinary circumstances weather and ATC issues are specifically mentioned in the Regulation. The other various excuses for Extraordinary Circumstances that have been swept away by the CJEU were definitions of the airline industry and Enforcement Bodies decided to set up for themselves. So for technical faults the Regulations says "unexpected flight safety shortcomings": you can read that tight or loose , the airlines read it one way, the CJEU read it another. For today's weather the relevant clause to my mind is the following and it seems much more tightly defined:
Originally Posted by Preamble 15
Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations.
Dec 30, 2016, 12:31 pm
#1421
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I have no status with BA whatsoever, but I think I'll file the paperwork and cross my fingers. Some flights out of LHR were proactively canceled due to the widespread impact of the fog, while others were simply delayed.
Dec 30, 2016, 12:32 pm
#1422
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I'm not sure I follow the logic. Bad weather is not a blanket excuse to disapply EU261 compensation - indeed the bad weather would need to be exceptional for EU261's compensation provisions not to apply.
If a hurricane hit LHR, that would be exceptional. However, few would argue that fog in late December was exceptional - indeed based on recent years "normal" would be a better description.
Another point to consider is that the weather has to directly affect the flight cancelled or delayed - thus late or cancelled inbounds causing knock on delays or cancellations is not an exceptional circumstance.
I am directly affected by the current fog with a cancelled flight leading to a 13 hour delay. I shall be pursuing BA for EU261 compensation, via MCOL if necessary. If it comes to that, I'll report back whether BA's lawyers attempt to argue that December fog at LHR is exceptional.
If a hurricane hit LHR, that would be exceptional. However, few would argue that fog in late December was exceptional - indeed based on recent years "normal" would be a better description.
Another point to consider is that the weather has to directly affect the flight cancelled or delayed - thus late or cancelled inbounds causing knock on delays or cancellations is not an exceptional circumstance.
I am directly affected by the current fog with a cancelled flight leading to a 13 hour delay. I shall be pursuing BA for EU261 compensation, via MCOL if necessary. If it comes to that, I'll report back whether BA's lawyers attempt to argue that December fog at LHR is exceptional.
I wasn't successful in court that a passenger with checked bags not boarding a flight didn't constitute exceptional circumstances, and that's certainly a lot more frequent occurrence
Dec 31, 2016, 3:50 am
#1423
Join Date: Nov 2010
Posts: 160
Received a very much cut and paste reply from BA this morning regarding my claim (they even thought I was flying to MAN when it was in fact NCL). The response has not even addressed the 'less than two weeks before travel' exception in the EU261 law which I specifically referred to, nor did it address a lot of what I said in what I wrote.
My contact details did not change during this period - this seems to be their only possible explanation as to why I was not informed that I needed to rearrange flights.
My contact details did not change during this period - this seems to be their only possible explanation as to why I was not informed that I needed to rearrange flights.
Thanks for contacting us about your recent flights to Manchester via London Heathrow on 15 December. I completely understand how frustrating it is when your travel plans are unexpectedly changed and I’m sorry you feel let down.
I've checked our records and would like to inform you that your flights were changed because the connecting time between your flights BA6506 and BA0218 wasn't enough and you would have missed your connecting flight.
As long as we've contact details for you or your travel agent, we’ll let you know of any amendments as soon as we can. I realise your travel plans were disrupted but for operational reasons, we occasionally have to alter our timetables. I’m sorry for the problems this caused you and I appreciate that when we've to make these changes, it’s very frustrating for our customers who rely on us for a particular route and timing.
I appreciate the reason for asking, I'm afraid we can't offer you any compensation on this occasion. I know this isn’t the answer you were hoping for and I’m sorry.
We’re grateful you’ve taken the time to let us know what happened as it’s only through your comments we’re able to focus on areas where we need to improve.
Thanks again for getting in touch with us. I hope I’ve managed to explain the background and we can welcome you on board again soon. Please feel free to contact me directly using the blue link below if I can help you with anything else.
I've checked our records and would like to inform you that your flights were changed because the connecting time between your flights BA6506 and BA0218 wasn't enough and you would have missed your connecting flight.
As long as we've contact details for you or your travel agent, we’ll let you know of any amendments as soon as we can. I realise your travel plans were disrupted but for operational reasons, we occasionally have to alter our timetables. I’m sorry for the problems this caused you and I appreciate that when we've to make these changes, it’s very frustrating for our customers who rely on us for a particular route and timing.
I appreciate the reason for asking, I'm afraid we can't offer you any compensation on this occasion. I know this isn’t the answer you were hoping for and I’m sorry.
We’re grateful you’ve taken the time to let us know what happened as it’s only through your comments we’re able to focus on areas where we need to improve.
Thanks again for getting in touch with us. I hope I’ve managed to explain the background and we can welcome you on board again soon. Please feel free to contact me directly using the blue link below if I can help you with anything else.
Dec 31, 2016, 4:11 am
#1424
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Received a very much cut and paste reply from BA this morning regarding my claim (they even thought I was flying to MAN when it was in fact NCL). The response has not even addressed the 'less than two weeks before travel' exception in the EU261 law which I specifically referred to, nor did it address a lot of what I said in what I wrote.
My contact details did not change during this period - this seems to be their only possible explanation as to why I was not informed that I needed to rearrange flights.
My contact details did not change during this period - this seems to be their only possible explanation as to why I was not informed that I needed to rearrange flights.
I guess it depends how you feel about it, and whether you want to take it to the next stage or not. If you have good proof that the flight change was done under 2 weeks, and you will certainly have good proof as to the final flights, you have the option of going MCOL or CEDR.
The other point is that on the day you would have had over an hour to move 200 metres at DEN, so they may well be right on the principle, but not the practice, though that's not very relevant I guess.
Jan 1, 2017, 5:11 am
#1425
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Prospero
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Prospero
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