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The 2017 BA compensation thread: Your guide to Regulation EC261/2004

The 2017 BA compensation thread: Your guide to Regulation EC261/2004

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Old Oct 2, 17, 9:39 am
  #1501  
 
Join Date: Nov 2014
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Originally Posted by Tobias-UK View Post
It will be if the airline uses it as part of its defence.
There is no onus on passengers to show that resolving Industrial Action is commercially unreasonable if claiming EU261.
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Old Oct 2, 17, 9:49 am
  #1502  
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Thanks max_bos for updating. Fingers crossed for my claim, and yes cws I will post!
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Old Oct 2, 17, 10:34 am
  #1503  
 
Join Date: Jun 2013
Posts: 431
How long does it take BA to respond to a claim? I sent a request ~14 days ago, requesting compenstation for 6+ hr delay from JFK-TLV via LHR due to delay on the JFK-LHR leg and miss connection.
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Old Oct 2, 17, 11:14 am
  #1504  
 
Join Date: Jan 2004
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Originally Posted by corporate-wage-slave View Post
Thanks for reporting back, very few people in this thread take the time to do this (hint, hint). Your original complaint was here:
http://www.flyertalk.com/forum/28718045-post1257.html

Did you recover all the hotel expenses in the end? I think there was a shortfall there.
My travel insurance covered the shortfall, so I filed my CEDR claim only for the EC2167 Chapter 7 compensation. I do agree with you that the 200 GBP hotel compensation limit during heavy travel disruptions at busy airports is not defensible. They should be either providing hotel rooms to their passengers themselves or pay for whatever the passengers spent.
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Old Oct 2, 17, 12:31 pm
  #1505  
 
Join Date: Sep 2017
Location: Central Scotland, UK
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Originally Posted by fiona View Post
Not sure about why the cancellation happened. Certainly not weather here. He is one ticket. Flight to Heathrow from Aberdeen and then on to Dusseldorf. His Aberdeen flight was 12.30 but is now 9.30. It was only rearranged at 7.40. He had a meeting scheduled with someone travelling from Edinburgh today at 9am.
I was on BA1461, 0800 departure from Edinburgh on Friday. We were held on the ground at EDI for not much short of an hour and ended up getting into LHR 55 mins late. We were told the delay was due to abnormally strong jet stream so all the transatlantics had come in early. Suspect your issue was related to that so BA will cite weather-related.
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Old Oct 3, 17, 7:50 pm
  #1506  
 
Join Date: Sep 2017
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Originally Posted by max_bos View Post
I just wanted to report back to the thread about the result of our CEDR case. BA has responded with the following:
"We have reviewed your claim for compensation and do apologise that this was not settled for you and your family sooner. You are each entitled to 600.00 EUR for the cancellation of BA0215 on 08 July 2017.".
So it seems that BA admits responsibility for flight cancelation compensation under the Chapter 7 of EU261 when the route is not being operated by the Mixed Fleet crew. Thanks for your help, c_w_s!
Thanks very much for the update max_bos. This gives me some encouragement about my own claim for compensation (currently in the "waiting for BA to respond" stage).

While the details of my claim are very different, I am also claiming for compensation for a flight (LON-DFW) that was not operated by MF crew but which BA are saying was due to extraordinary circumstances.

I wonder if they will agree to pay, or if I will have to go to CEDR to force their hand?
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Old Oct 4, 17, 3:13 pm
  #1507  
 
Join Date: Sep 2017
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Originally Posted by AbileneBound View Post
Thanks very much for the update max_bos. This gives me some encouragement about my own claim for compensation (currently in the "waiting for BA to respond" stage).

While the details of my claim are very different, I am also claiming for compensation for a flight (LON-DFW) that was not operated by MF crew but which BA are saying was due to extraordinary circumstances.

I wonder if they will agree to pay, or if I will have to go to CEDR to force their hand?
I believe you’ll have to go to CEDR
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Old Oct 4, 17, 9:42 pm
  #1508  
 
Join Date: Oct 2017
Posts: 8
EU261 Guidance Query

Dear All,

I am a frequent UK based traveller and long time reader of this excellent forum having learned many valuable insights on maximising my travel experience.

I would like to turn to the experts on this thread for some guidance on my eligibility for an EU261 claim as despite reading the guidelines I am still quite unclear on whether I can legitimately file a claim. I hope I am correctly following forum rules with this post.

The situation is as follows:

As a regular traveller to the USA I recently embarked on an ex EU booking which has the following routing.

Cairo - London Heathrow (BA flight)
London Heathrow - LAX (AA flight)
Phoenix - Maui (AA flight)
Maui - LAX (AA flight)
LAX - London Heathrow (AA Flight)
London Heathrow - Cairo (BA Flight)

I booked this itinerary through American Airlines. It was on the second flight from Heathrow to LAX on Tuesday 3rd October where there was a delay of 3.5 hours getting to LAX due to the late arrival of the inbound aircraft.

Given the ticket was booked with AA and on AA metal and my journey originated Ex-EU, I would like to know whether I can claim compensation?

And what is the best approach to claim that compensation if due?

Any help greatly appreciated. Thanks in advance.
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Old Oct 5, 17, 1:45 am
  #1509  
 
Join Date: Jul 2017
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Originally Posted by second row View Post
My Flight from Tampa to LGW was delayed by 2hr 59 minutes but Ba have conceded that by the time the doors were opened it was over the necessary 3 hours.(So far so Good).
The delay was caused by a faulty IFE which delayed the outbound aircraft. Again BA concede that this was the primary cause of the delay.
However BA tell me that 21 minutes of the outbound delay from LGW was due to the airport not being able to provide a tug and as this was "outside of our control "my claim is denied.(ie the delay due to the IFE issue was less than 3 hours)
I have expressed my incredulity but they are not budging.(e mail and phone call).
Should I go to my "learned friends"?
Update.
BA settled via CEDR.Thanks to Talkers for the advice.
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Old Oct 5, 17, 1:54 am
  #1510  
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Originally Posted by second row View Post
Update.
BA settled via CEDR.Thanks to Talkers for the advice.
Thanks for this update, and indeed for quoting the original post, which others will find helpful. In all it took a bit over 2 months to resolve.
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Old Oct 5, 17, 2:10 am
  #1511  
 
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Originally Posted by second row View Post
Update.
BA settled via CEDR.Thanks to Talkers for the advice.
That's good. I really wonder why BA persist with this silly charade, it must cost them time and effort to engage with CEDR for a case they were never going to win.
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Old Oct 5, 17, 2:41 am
  #1512  
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Originally Posted by drkaboobi View Post
Cairo - London Heathrow (BA flight)
London Heathrow - LAX (AA flight)
Phoenix - Maui (AA flight)
Maui - LAX (AA flight)
LAX - London Heathrow (AA Flight)
London Heathrow - Cairo (BA Flight)

I booked this itinerary through American Airlines. It was on the second flight from Heathrow to LAX on Tuesday 3rd October where there was a delay of 3.5 hours getting to LAX due to the late arrival of the inbound aircraft.
Welcome to Flyertalk drkaboobi, and welcome to the BA forum and it is good to see you here, I hope that we will see you in the other parts of this forum which I hope you find helpful.

Now this isn't clear but this looks to be to be a Cairo to Maui trip, where the delay occurred on the AA operated sector. What isn't clear is how late you were into Maui?

However I don't think this is going to work very well anyway. AA don't pay EC261 for delays to knock on flights (BA and Virgin do pay up, the CAA regards this as unfair and is pursuing AA for that reason). If the trip ended in LAX you (perhaps) would be eligible for EC261. "Perhaps" for 2 reasons: it's not clear to me the cause of the delay; secondly if it was regarded as a CAI-LAX trip then that is out of scope for EC261. [Having said had it been ticketed by BA rather than AA you probably could claim since SABRE wouldn't show the CAI legs, but being 001 ticketed would rule out that approach].

Now I've made some assumptions there in the absence of specific information, so please revert if my understanding is incorrect. E.g. if you had a week in LAX.
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Old Oct 5, 17, 5:00 am
  #1513  
 
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Originally Posted by corporate-wage-slave View Post

However I don't think this is going to work very well anyway. AA don't pay EC261 for delays to knock on flights (BA and Virgin do pay up, the CAA regards this as unfair and is pursuing AA for that reason). If the trip ended in LAX you (perhaps) would be eligible for EC261. "Perhaps" for 2 reasons: it's not clear to me the cause of the delay; secondly if it was regarded as a CAI-LAX trip then that is out of scope for EC261. [Having said had it been ticketed by BA rather than AA you probably could claim since SABRE wouldn't show the CAI legs, but being 001 ticketed would rule out that approach].
Thank you for the kind welcome corporate-wage-slave, and apologies for not providing all of the salient information. I suppose now that I have a flyer talk membership I will be inclined to participate elsewhere throughout the forum!

Regarding the uncertainties, I am presently in the LA area where I am working for the next week or so, my trip from Phoenix to Hawaii resumes next Friday 13th October. So I do have a long stop over here as I do in Hawaii for a week before retuning to Cairo from Hawaii in one shot. Further, the ticket was issued by AA and the flight numbers are all AA expect the first and last i.e. the outbound and inbound Cairo legs.

Any further help would be great.
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Old Oct 5, 17, 5:05 am
  #1514  
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Originally Posted by drkaboobi View Post
Any further help would be great.
And I presume you don't know the reason for the delay?

In which case apply for the 300€ Article 7 compensation from AA, on the basis of the LHR-LAX service being a standalone service, but be aware that AA may well have good reasons for denying you compensation if they have someone up to speed looking at this.
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Old Oct 6, 17, 2:05 pm
  #1515  
 
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Originally Posted by Mattt1 View Post
I believe you’ll have to go to CEDR
Today I got another response from BA saying "British Airways doesn't consider cabin crew strike as ordinary, since strikes are an extra ordinary circumstance for British Airways. Therefore, I'm afraid we are not liable for any compensation in this situation."

As a result I have opened a case with CEDR and will let y'all know how it goes.
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