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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 24, 17, 12:39 pm
  #1606  
 
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Originally Posted by 710 77345 View Post

Of course, there's no obligation to accept the County Court Mediation offer, but if they're giving you everything you asked for without having to take a day off work and risk the tiny % of a crazy magistrate then most people would say it's a slam dunk.
Magistrates don't sit in County Court. Professional, District Court Judges do.
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Old Oct 24, 17, 12:44 pm
  #1607  
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Originally Posted by UKtravelbear View Post
Magistrates don't sit in County Court. Professional, District Court Judges do.
Correct, save that they are simply a 'District Judge' (or Deputy District Judge).
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Old Oct 24, 17, 12:58 pm
  #1608  
 
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Originally Posted by UKtravelbear View Post
Magistrates don't sit in County Court. Professional, District Court Judges do.
Hence the tiny % you would come across one

Thanks for the correction
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Old Oct 24, 17, 1:23 pm
  #1609  
 
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I was hoping for some advice here

I was originally booked on a BA LCY to DUS flight, which was itself delayed by 245 minutes. I was then rebooked onto a flight that arrived 155 minutes after my original scheduled arrival time - with my receipt for the new flight reflecting 'involuntarily rebooked due to delay'.

My understanding here is that EU261 legislation means if BA re-route me, but my delay is still over 2 hours vs. the scheduled landing time, I'm still entitled to 100% of the compensation due (EUR 250 in this case).

Could anyone help confirm whether this is correct, or am I mis-interpreting EU261?
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Old Oct 24, 17, 1:28 pm
  #1610  
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Originally Posted by Carlos92 View Post
I was originally booked on a BA LCY to DUS flight, which was itself delayed by 245 minutes. I was then rebooked onto a flight that arrived 155 minutes after my original scheduled arrival time - with my receipt for the new flight reflecting 'involuntarily rebooked due to delay'.

My understanding here is that EU261 legislation means if BA re-route me, but my delay is still over 2 hours vs. the scheduled landing time, I'm still entitled to 100% of the compensation due (EUR 250 in this case).
Firstly let me welcome you to Flyertalk Carlos92 and to the BA forum in particular. It's good to see you here, and I hope we can see more of you in the lively bulletin board.

My reading of this is that the original service still ran, albeit it very late. If it had been cancelled then the 2 hour rule may have applied, depending on the reasons for the delay/cancellation. However if you accepted the new booking, my reading is that you are purely in the "delay" area of EC261, for which the rule is a 3 hour delay is needed against the booked arrival time. If that is the case, then you wouldn't get Article 7 compensation at all, and arguably BA did the right thing in terms of EC261: minimising the delay to you.
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Old Oct 24, 17, 3:40 pm
  #1611  
 
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C-W-S

Could this not be classified as IDB?
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Old Oct 24, 17, 5:26 pm
  #1612  
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Originally Posted by Tyzap View Post
C-W-S

Could this not be classified as IDB?
No. It was a change due to a significantly delayed flight.
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Old Oct 24, 17, 5:29 pm
  #1613  
 
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Originally Posted by baflyer123 View Post
Thank you corporate-wage-slave , The trip was uneventful the next day. As always love the consistent F BA cabin service. In the past year have had about three delayed flights over four hours and have never bothered to claim them this time I will file a claim.

It is great to have so many people posting their experience with BA on this forum.
Thank you Globaliser and corporate-wage-slave, I followed the instructions mentioned and got a call within 3 days from BA was credited the full 600 Euro compensation plus Uber fare. It was very straightforward. The lady on the phone even offered to look up the other three flights that were delayed. Although I did not take up the offer might be tempted to file these. What is the time limit to file for this ?
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Old Oct 24, 17, 5:34 pm
  #1614  
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Originally Posted by baflyer123 View Post
Thank you Globaliser and corporate-wage-slave, I followed the instructions mentioned and got a call within 3 days from BA was credited the full 600 Euro compensation plus Uber fare. It was very straightforward. The lady on the phone even offered to look up the other three flights that were delayed. Although I did not take up the offer might be tempted to file these. What is the time limit to file for this ?
In the UK it is six years.
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Old Oct 25, 17, 7:53 am
  #1615  
 
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Timescale for refund to be processed

So, I have been in correspondence with BA since late August about a downgrade from First on an award flight. After going round in circles with customer relations I wrote to refunds to request a refund and highlighting that I expected this to be 75% of the fare paid.

I got an email on 10 October from Refunds saying:

“I would like to inform you that I have checked our records and found that there is no tax difference for the above booking due to downgrade. Further like to advise that the booking is queue for redeposit of applicable avios.”

This is odd as my request was for 75% of fare - I can see why taxes might be excluded from this refund but not the carrier surcharge.

Also there was nothing to say what “applicable Avios” are and nothing has appeared in my BAEC account in the last two weeks.

Any idea how long the refund will take to process?

And call me a cynic but I am assuming it isn’t going to be 75% of the ticket (or even the segment on which I was downgraded) segment, so any views on whether it’s best to pursue this via CEDR or MCOL?

Finally, am I right in thinking CEDR would be a claim for the Avios and MCOL my claim would be for the cost of replacing the Avios at current prices...

thanks in advance!
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Old Oct 25, 17, 7:59 am
  #1616  
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Originally Posted by BobServant View Post
Finally, am I right in thinking CEDR would be a claim for the Avios and MCOL my claim would be for the cost of replacing the Avios at current prices...
It's very difficult to say without some more specifics: was this a downgrade at the departure gate, or a downgrade with an equipment change or a downgrade due to a missed connection or a downgrade on a non European sector, to give some examples.

Broadly speaking you are currently best to go via MCOL, but again that's advice which is as broad as it is long, individual circumstances may make CEDR better.
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Old Oct 25, 17, 8:15 am
  #1617  
 
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Originally Posted by corporate-wage-slave View Post
It's very difficult to say without some more specifics: was this a downgrade at the departure gate, or a downgrade with an equipment change or a downgrade due to a missed connection or a downgrade on a non European sector, to give some examples.

Broadly speaking you are currently best to go via MCOL, but again that's advice which is as broad as it is long, individual circumstances may make CEDR better.
I was called to the desk in the lounge about an hour before departure - broken seat in full F cabin. Flight was West Coast USA to London.
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Old Oct 25, 17, 8:21 am
  #1618  
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Originally Posted by BobServant View Post
I was called to the desk in the lounge about an hour before departure - broken seat in full F cabin. Flight was West Coast USA to London.
OK, that's a lot clearer. So that distance and circumstance puts you into the 75% league for EC261 downgrade refunds, and yes the carrier surcharge should be refunded at 75% too. The Mennens case should give you the EC261 formula, BA also has internal "involuntary refund" calculation which sometimes is more generous than EC261 but if I were to speculate here (without knowing the precise amounts) then it's likely to be a 50-50 call as to which is the more generous. I presume you specifically asked for the EC261 refund on the ticket?

So what I would do while waiting - and yes this does take a ridiculous amount of time - is to calculate quite precisely what the EC261 amount should be, then when BA have completed the refund process you can work out if you were diddled or not.
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Old Oct 25, 17, 12:10 pm
  #1619  
 
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Originally Posted by corporate-wage-slave View Post
.... I presume you specifically asked for the EC261 refund on the ticket?

So what I would do while waiting - and yes this does take a ridiculous amount of time - is to calculate quite precisely what the EC261 amount should be, then when BA have completed the refund process you can work out if you were diddled or not.
Yes, I quoted EC261 and relevant parts of the Regulation 10. I have already worked my numbers through so will see if BA agree, or get close enough that I am happy with the resolution.

Thanks again for your input, much appreciated.
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Old Oct 26, 17, 9:54 am
  #1620  
 
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Update - response from BA

Originally Posted by hakeba View Post
Hi, any advice on the likelihood of a compensation claim on this journey so gratefully appreciated as I keep changing my mind as to whether it’s a cancellation, delay or refund request, if any...

Original schedule:
Three flight segments on itinerary -

Flight 1
Departure
05:31 Wed, 11 Oct (MAA)
BA 36 British Airways

Arrival
11:50 Wed, 11 Oct London (United Kingdom) - Heathrow (LHR)

Departure
14:00 Wed, 11 Oct London (United Kingdom) - Heathrow (LHR)
Terminal 3 British Airways
BA 1598 American Airlines

Arrival
18:10 Wed, 11 Oct Charlotte (United States) - Charlotte - Douglas Intl Airport (CLT)

Flight 2
Departure
13:05 Fri, 13 Oct Charlotte (United States) - Charlotte - Douglas Intl Airport (CLT) American Airlines
AA 2066 American Airlines

Arrival
14:53 Fri, 13 Oct New York (United States) - La Guardia (LGA)


Flight 3
Mon, 16 Oct
JFK-MAA via LHR (not yet flown)


Flight 1 on 11/10/17 was cancelled due to a technical fault. We had already checked in and boarded the aircraft before being notified of the cancellation. The Captain emphasised the aircraft was only 3 weeks old so I expect BA may claim extraordinary circumstances.

We were rebooked to travel on the same route, same flight numbers one day later. This would have meant arriving in Charlotte exactly 24 hours later than our scheduled arrival.

We accepted this so Flight 1 then became the BA36 from MAA-LHR and BA1598 LHR-CLT on 12/10/17. Flight 2 remained the same as our original booking. However, the first leg from MAA was delayed around 40 mins (no reason given) so we then missed our connection in London to Charlotte.

The only option we were given on 12/10 was a connecting flight from LHR to CLT via IAD which would have got us into CLT at 23.23 as opposed to the scheduled arrival time of 18.10. There was no longer any point in our journey to CLT which BA realised given our itinerary so they accommodated us overnight in London and they re-routed the second leg of Flight 1 from LHR-CLT to LHR-JFK on Friday 13th.

We arrived in NY at 15.55 on 13/10 which was only an hour later than when we wanted to be in New York as per our original booking. This meant we never used Flight 2 as we flew direct to JFK for the 2nd part of the trip (but this was with AA so a separate issue).

So, flight 1 of original booking cancelled, flight 1 on second booking delayed making journey to CLT worthless. Overall our arrival in the States delayed by almost 2 days. But how are BA likely to treat an EU compensation claim as we never actually travelled to Charlotte in the end and they flew us to JFK.

Thanks in advance for any replies/suggestions.
BA have stated that we are entitled to compensation due to the cancellation of the first flight on October 11th. They have offered €600 per passenger or 60,000 Avios points which I’ll consider. Thanks for your responses and advice.
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