The 2016 BA compensation thread: Your guide to Regulation 261/2004
#211
Join Date: Feb 2011
Programs: BA blue,, aeroplan 25K
Posts: 1,026
If this is today, then yes it's fog and I'm 99.99999% certain EC261 won't get you anywhere further. Fog = ATC slot reductions = some aircraft can still leave, many can't = still outside BA's control. By all means find out from the CCR desk the reason for the cancellation, what I'm seeing is:
FLIGHT CANCEL 1042
WEAT
(i.e. weather).
FLIGHT CANCEL 1042
WEAT
(i.e. weather).
None the less we are comfortable just going to miss a pre paid private tour of the Louvre we had planned for this evening which is a bummer
But...... At least I found the right thread to ask.
#212
Join Date: May 2013
Posts: 6,349
I think in this situation the term 'extraordinary' refers to outside the airline's control.
Bad weather = fewer slots. When an airport like LHR operates at 100% capacity that means something has to give, often the regional/domestic destinations on smaller planes with higher frequencies where the number of people affected is fewer and they could be accommodated on later flights.
Just unfortunate it was you impacted. Hopefully your insurance will cover part of the cost of the missed activities through.
Bad weather = fewer slots. When an airport like LHR operates at 100% capacity that means something has to give, often the regional/domestic destinations on smaller planes with higher frequencies where the number of people affected is fewer and they could be accommodated on later flights.
Just unfortunate it was you impacted. Hopefully your insurance will cover part of the cost of the missed activities through.
#213
Join Date: Feb 2016
Programs: BA Gold
Posts: 47
BA with AA, flight cancellation, overnight, no flight next day
Hi,
I was on a trip to the US, was on a stopover in NYC flying out of JFK to SFO.
Flight got delayed two hours, boarding is done, leaving the gate.
Going back to the gate as there isn't enough fuel for the trip due to weather.
Then we wait another hour only to be told that pilot has exceeded hours.
Was denied accommodation at first (11pm) due to claims of it being weather related, but insisted and got a room for the 4 hours.
Now the issue, there was no room and I was waitlisted on the 8 am flight , since I had to get work done, I booked the trip on Delta and moved back on the AA train in SFO.
Is there any compensation I am entitled to?
I was on a trip to the US, was on a stopover in NYC flying out of JFK to SFO.
Flight got delayed two hours, boarding is done, leaving the gate.
Going back to the gate as there isn't enough fuel for the trip due to weather.
Then we wait another hour only to be told that pilot has exceeded hours.
Was denied accommodation at first (11pm) due to claims of it being weather related, but insisted and got a room for the 4 hours.
Now the issue, there was no room and I was waitlisted on the 8 am flight , since I had to get work done, I booked the trip on Delta and moved back on the AA train in SFO.
Is there any compensation I am entitled to?
#214
Join Date: Oct 2009
Location: ARN
Programs: SK EBG, BAEC Gold, LH FTL, FBP, CCG, HH Diamond
Posts: 1,533
No, EU261/2004 does not cover flights that does not touch EU soil at some point. So if you had an IRROP on the JFK-SFO sector, it is not covered by the EU regulations.
#215
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,735
Welcome to Flyertalk gigabyte056, welcome in particular to the BA Board, and I do hope we will see more of you elsewhere. This forum is only useful due to the support it gets from people like you.
It looks to me that the operating carrier here is AA, and it's an entirely USA flight. So you would look to AA for remediation, and unfortunately they are not subject to EC261 in this context. They may give you some customer service remedy if you complain to them, perhaps in the form of a voucher, but if there is a sniff of weather on the issue I really wouldn't hold your breath.
It looks to me that the operating carrier here is AA, and it's an entirely USA flight. So you would look to AA for remediation, and unfortunately they are not subject to EC261 in this context. They may give you some customer service remedy if you complain to them, perhaps in the form of a voucher, but if there is a sniff of weather on the issue I really wouldn't hold your breath.
#216
Join Date: Feb 2016
Programs: BA Gold
Posts: 47
Thanks, figured as much.
I have been lurking but will do my best to contribute.
I have been lurking but will do my best to contribute.
#217
Suspended
Join Date: Mar 2002
Location: Canada, USA, Europe
Programs: UA 1K
Posts: 31,452
On a different note, I have to applaud BA for reacting quickly to a recently submitted claim due to a SH flight delayed by ca 3:30. Online form filled out on 8 March, acknowledgement from BA of €250 compensation on 8 March (about five hours later), cheque for Ł194 arrives this morning.
#218
FlyerTalk Evangelist
Join Date: Nov 2011
Location: Brighton. UK
Programs: BA Gold / VS /IHG Diamond & Ambassador
Posts: 14,176
On a different note, I have to applaud BA for reacting quickly to a recently submitted claim due to a SH flight delayed by ca 3:30. Online form filled out on 8 March, acknowledgement from BA of €250 compensation on 8 March (about five hours later), cheque for Ł194 arrives this morning.
#219
Join Date: Jul 2013
Location: London
Posts: 344
I think this is an easy one but I thought I'd check:
just under 7 years ago, I was delayed by 5 hours on a flight from Barcelona to the UK. The reason for the delay was staff shortage. The flight left the airport at around 1am. The airline (Monarch) did nothing at all about it - no offer to feed and water us, etc. No mention was made of EU compensation etc. I asked to be re-routed, they refused. I documented all of this, kept receipts etc. I wrote to them to complain - I don't think they ever responded (they certainly didn't offer any financial compensation). I was clearing out some old stuff this weekend and came across the documentation on this. Can I put in a claim under the Regulation? I fear that the answer is "no" as it is over 6 years ago, but if there is anything that I can do I'd appreciate any advice!
just under 7 years ago, I was delayed by 5 hours on a flight from Barcelona to the UK. The reason for the delay was staff shortage. The flight left the airport at around 1am. The airline (Monarch) did nothing at all about it - no offer to feed and water us, etc. No mention was made of EU compensation etc. I asked to be re-routed, they refused. I documented all of this, kept receipts etc. I wrote to them to complain - I don't think they ever responded (they certainly didn't offer any financial compensation). I was clearing out some old stuff this weekend and came across the documentation on this. Can I put in a claim under the Regulation? I fear that the answer is "no" as it is over 6 years ago, but if there is anything that I can do I'd appreciate any advice!
#220
Suspended
Join Date: Mar 2002
Location: Canada, USA, Europe
Programs: UA 1K
Posts: 31,452
I don't think that there is a formal statue of limitations within the regulations, but expect to be fighting a bit of an uphill battle. In the end, your threat to take them to court will fall on deaf ears, since that's where the delay will be relevant. Worth a try, though, especially if you are well-documented.
#221
FlyerTalk Evangelist
Join Date: Nov 2011
Location: Brighton. UK
Programs: BA Gold / VS /IHG Diamond & Ambassador
Posts: 14,176
I don't think that there is a formal statue of limitations within the regulations, but expect to be fighting a bit of an uphill battle. In the end, your threat to take them to court will fall on deaf ears, since that's where the delay will be relevant. Worth a try, though, especially if you are well-documented.
#222
Join Date: Apr 2015
Location: Edinburgh
Posts: 94
I was on the cancelled BA8708 from city to Edinburgh last night. Ended up booking my own replacement flight for now as advised by BA due to their systems being down.
What is the claims process and do I have right to EC261 compensation?
Thanks
What is the claims process and do I have right to EC261 compensation?
Thanks
#223
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,735
The initial posts at the top of the thread explain the situation for cancellations (which is not quite the same as delays) so with the specifics of your case you can work out whether you are due compensation. In terms of you rebooking your own travel - which does happen sometimes - then normally if you send in a complaint they will refund the cost - or just refund the original fare if that was the more expensive ticket, that's an easier process in a way. If you are not in a hurry then use the webform. If you need the money soon then ring up the customer relations number during UK office hours to resolve it more rapidly. In between those two extremes you can send in a webform, get the incident number and then use Twitter to highlight.
#224
Join Date: Mar 2015
Programs: BA Silver
Posts: 176
Submitted my claim using the web form on Monday for flight cancelled for technical reasons last Thursday and just received an email saying cheque is in the post for Ł194.
It all seems to be a much easier and smoother process at the moment.
It all seems to be a much easier and smoother process at the moment.
#225
Join Date: Apr 2015
Location: Edinburgh
Posts: 94
The initial posts at the top of the thread explain the situation for cancellations (which is not quite the same as delays) so with the specifics of your case you can work out whether you are due compensation. In terms of you rebooking your own travel - which does happen sometimes - then normally if you send in a complaint they will refund the cost - or just refund the original fare if that was the more expensive ticket, that's an easier process in a way. If you are not in a hurry then use the webform. If you need the money soon then ring up the customer relations number during UK office hours to resolve it more rapidly. In between those two extremes you can send in a webform, get the incident number and then use Twitter to highlight.