flygod

Ah. OK.

So all the carriers would need to be EU. Sort of makes sense!

Many thanks.

caz312

the carrier that causes the delay (and the claim is against) needs to be an EU carrier arriving or departing from the EU or any carrier departing from the EU
A delay on a non-EU to non-EU flight on a non-EU carrier would preclude compensation under EU261

acker

I'm usually good about figuring things like this out, but not this time. Here goes:
Booked with Avios a 37.5k Aer Lingus BOS-DUB business seat
Flight was delayed til next day. EI switched to a Hi Fly leased plane with no business seats.
Received the following paperwork:
"As a Business guest we appreciate the particular upset this will cause you. With this in mind, depending on how you paid for your reservation:
a) If you paid for your reservation, we will refund the business fare for the disrupted sector to the original form of payment
b) If you hold a non-Aer Lingus reservation please contact your booking agent who will request a refund on your behalf.
c) If you used Aer Lingus frequent flyer concessions we will return the points/upgrade to your AerClub account for future use.

BA claims they'll be refund 25k- the difference between business and economy.
My hotel & meal was covered by my CSR insurance. Can I file a 261 claim for more, such as 600 euro? Who would I file with? Normally I go with the flow but this was a major major inconvenience with chaos, and handled terribly by EI.
Thanks.

UKtravelbear

You would file the claim with EI as the operating carier.

corporate-wage-slave

You can claim 600€ for the delay, unless EI had a legitimate extraordinary circumstance. You can also claim reimbursement for the downgrade, irrespective of the cause, at 75% of the sector cost, net of taxes, see posts above - I suspect that is more than the difference between Business and Economy suggested here. This claim is from Aer Lingus, though they may take into account anything BA has already given you back.

Johnny Rocket

I was supposed to be flying LHR To Berlin on Friday but due to a strike by Berlin ground staff I ended up having to fly LCY to Hamburg!

Apart from the ridiculous expense of traveling across London to lcy I also had to get a train from Hamburg to Berlin at the other end.

I was informed of the change of plan the day before.

Am I eligible for EU Or indeed any compensation?

corporate-wage-slave

duplicate

corporate-wage-slave

No compensation for the delay caused by strikes, given that BA isn't a direct party to the dispute I can't see that even been covered by the broadest interpretation.

There is Right of Care, though which covers rebooking, and in my opinion should cover train fare costs to Berlin from HAM or HAJ. In previous disputes they have done this. However the Customer Handling guidance for this area does state "Travel between the alternative German airport and Berlin will be at the passengers own expense", which is incorrect in terms of the Regulation, at least in my opinion. [Unless, I suppose, they mean the customer has to pay out of their own money and then reclaim, since BA won't be handing out rail tickets]. If you decided to sit it out in a London hotel until services to TXL were resumed, you definitely can charge that to BA.

ScubaRoo

Just wondering what the legals are on a reasonable human response time (not automated) to a EU261 delay claim? 10 days?

corporate-wage-slave

Downgrading has a timeline of 7 days in the Regulation, but in practical terms, waiting a month or so appears to be reasonable. The yardstick one can use here is that CEDR will only look at complaints that are over 8 weeks old, unless deadlock is agreed earlier. Some people have been able to speed up their processing by calling Customer Relations or resorting to Twitter.

ScubaRoo

Thanks for that, I'm submitting 2 separate EU261 claims, 1x CW-->WTP downgrade outbound, & 2x delay inbound.

It never rains....

1210mk2

Replys from BA on cases seem to be taking an age right now. Its been 3 weeks for me. If you call the customer relations line there is an auto voice saying basically stop calling as we busy. SMH.

Previously I had been paid in 3 days...

Sam Bee

Self moderated - moved to European Airlines forum, and deleted here to avoid repetition.

gustavmahler

I flew back from LOS on Sunday. I am unsure of the exact problem, but BA74 was landed at 09:23 instead of 05:00. We boarded almost on time, and then sat on the tarmac for over 4 hours with very little AC, which was pretty grim as it was just so hot. There was some kind of technical issue with one of the engines on the left side.

We all completed the CR forms and were told we’d be emailed in 1-2 days, but I haven’t heard anything yet. How long does this stuff usually take? There’s an added complication. The ticket was booked through our corporate TA, but I upgraded my inbound to WTP with my own cash when it became available (T-24 the outbound), meaning it was reticketed. I guess really my employer would be due the EUR 400 for delayed arrival due to the original ticket being booked through them, but which I am therefore not bothered about pursuing BA for. If this were my own cash then I’d definitely be pursuing it.

How long does BA take to get back about these things, and what do they usually offer? Do you normally have to go round the houses to get the cash when they have proactively offered forms? Do they usually offer Avios in the first instance? If so, that would seem preferable to me under the circumstances.

armouredant

The regulation protects the passenger, not the ticket purchaser, if my recollection is correct.