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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

Old Jan 4, 2017, 12:32 pm
  #31  
 
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Originally Posted by Globaliser
Whether written as "Judicial Review" or "judicial review" (and it's much more common to see the latter), the term has a specific meaning. It does not have a generic meaning of "a judge will take a look". As UKtravelbear says, it's a procedure that's completely inapplicable to cases like this. Using this term is liable simply to cause confusion.
judicial
dʒuːˈdɪʃ(ə)l/Submit
adjective
of, by, or appropriate to a law court or judge; relating to the administration of justice.

review
rɪˈvjuː/
verb
1.
assess (something) formally with the intention of instituting change if necessary.

Apologies for writing in english; I didn't mean the noun 'judicial review'. Sorry if this caused you confusion.

But lets keep this on-topic!And the options are greater than just MCOL and CEDR, you may wish to get legal advice on the full range of options.

Last edited by navylad; Jan 4, 2017 at 1:21 pm
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Old Jan 5, 2017, 3:28 am
  #32  
 
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Denied compensations

HI need some advice - BA have denied a claim for delay over night due to late inbound flight from DUB connecting to LAX

BA now claim delay was due to ATC problems so out of their control, LCY had protest issues that day but most flight out of DUB and into LHR were on time.

But major factor is we were family of 6 and were at the A380 gate with still 200 people to board, we were denied boarding as they didn't think we would make the connection and rebooked us on following day, and to top it off the 2 pax flying behind from DUB were allowed to travel and arrived at the gate 10 mins after us.

Should i still push this claim, any advice appreciated, Thanks Tony
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Old Jan 5, 2017, 3:36 am
  #33  
 
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Originally Posted by ajm1972
HI need some advice - BA have denied a claim for delay over night due to late inbound flight from DUB connecting to LAX

BA now claim delay was due to ATC problems so out of their control, LCY had protest issues that day but most flight out of DUB and into LHR were on time.

But major factor is we were family of 6 and were at the A380 gate with still 200 people to board, we were denied boarding as they didn't think we would make the connection and rebooked us on following day, and to top it off the 2 pax flying behind from DUB were allowed to travel and arrived at the gate 10 mins after us.

Should i still push this claim, any advice appreciated, Thanks Tony
Do you have any evidence that your flight delay was not through exceptional circumstances? if not, I would take the duty of care- ensure you claim for the hotel, meals and transport to and from the airport. If you push it, you could also get a small nominal Avios amount as a good will gesture, but I doubt you will get compensation.
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Old Jan 5, 2017, 3:42 am
  #34  
 
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Originally Posted by navylad
Do you have any evidence that your flight delay was not through exceptional circumstances? if not, I would take the duty of care- ensure you claim for the hotel, meals and transport to and from the airport. If you push it, you could also get a small nominal Avios amount as a good will gesture, but I doubt you will get compensation.

The ATC issue was involved cancellations for some flights to Italy and we were flying from DUB but we were selected to be off loaded as other passengers arriving after were permitted to travel?
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Old Jan 5, 2017, 4:13 am
  #35  
 
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Originally Posted by ajm1972
The ATC issue was involved cancellations for some flights to Italy and we were flying from DUB but we were selected to be off loaded as other passengers arriving after were permitted to travel?
As frustrating as it is, although other pax were allowed to board after you were denied, I still think you'll struggle. If you were to pursue it, ensure you have your timings well recorded, I think if you missed the policy time to be offloaded the fact other pax weren't subsequently offloaded carries little sway in the legality of your claim- the airline may have made specific exception to them due to factors you are unaware of- like their late arrival was pre-planned for, they were hand baggage only etc.

One of the better experts on here may have more knowledge on me in this area however.
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Old Jan 5, 2017, 4:18 am
  #36  
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Originally Posted by ajm1972
But major factor is we were family of 6 and were at the A380 gate with still 200 people to board, we were denied boarding as they didn't think we would make the connection and rebooked us on following day, and to top it off the 2 pax flying behind from DUB were allowed to travel and arrived at the gate 10 mins after us.
OK, just can I confirm this, since I've never heard of this happening at T5 before: you were late into LHR, you nevertheless made it through security (via landside or Flight Connections airside? Not that this is relevant to your question), go to presumably a T5C gate, you weren't the first to board, you weren't the last, and at the gate they offloaded you? If this scenario is correct then you have a clear and pretty much unarguable case for Involuntary Denied Boarding, with CJEU precedents to back you. If you were not allowed airside into T5 then it would be another story.
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Old Jan 5, 2017, 5:33 am
  #37  
 
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Originally Posted by corporate-wage-slave
OK, just can I confirm this, since I've never heard of this happening at T5 before: you were late into LHR, you nevertheless made it through security (via landside or Flight Connections airside? Not that this is relevant to your question), go to presumably a T5C gate, you weren't the first to board, you weren't the last, and at the gate they offloaded you? If this scenario is correct then you have a clear and pretty much unarguable case for Involuntary Denied Boarding, with CJEU precedents to back you. If you were not allowed airside into T5 then it would be another story.
Thanks for the info and yes we arrived at C gate half way through boarding, even the gate agent told us the flight was overbooked so we had been rebooked until tomorrow, i will get back to BA and try and push further
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Old Jan 5, 2017, 6:25 am
  #38  
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Originally Posted by ajm1972
Thanks for the info and yes we arrived at C gate half way through boarding, even the gate agent told us the flight was overbooked so we had been rebooked until tomorrow, i will get back to BA and try and push further
OK, no question that is IDB and you are fully entitled to the appropriate compensation then. Either call them or make a formalised 16 day request for payment. You were not offloaded for being late, you were offloaded because they hadn't got enough seats.
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Old Jan 5, 2017, 6:37 am
  #39  
 
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Originally Posted by corporate-wage-slave
OK, no question that is IDB and you are fully entitled to the appropriate compensation then. Either call them or make a formalised 16 day request for payment. You were not offloaded for being late, you were offloaded because they hadn't got enough seats.
make sure that the time you arrived at the gate was prior to the 'gate closure' time however, or it may still be denied, irrespective of if other pax had been boarded.

Best of luck.
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Old Jan 5, 2017, 11:35 am
  #40  
 
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Was on BA 85 to YVR last Monday. Had an aircraft swap last-minute which delayed our departure by 3 hours. This was followed by a problem with closing the cargo door due to ice being stuck on the latch that delayed us further. Ended up reaching the gate 4 hours and 10 minutes behind schedule. Do you guys agree it should be a fairly clear-cut case for compensation, or am I missing something?

I submitted a claim 2 days ago, still waiting for a response.
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Old Jan 5, 2017, 11:35 am
  #41  
 
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Originally Posted by theultimateflyer
Was on BA 85 to YVR last Monday. Had an aircraft swap last-minute which delayed our departure by 3 hours. This was followed by a problem with closing the cargo door due to ice being stuck on the latch that delayed us further. Ended up reaching the gate 4 hours and 10 minutes behind schedule. Do you guys agree it should be a fairly clear-cut case for compensation, or am I missing something?

I submitted a claim 2 days ago, still waiting for a response.
Kinda depends on the reason for the aircraft swap I think.
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Old Jan 5, 2017, 11:51 am
  #42  
 
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Originally Posted by MPH1980
Kinda depends on the reason for the aircraft swap I think.
ok. Seem to recall the captain saying it was a mechanical issue but not 100% sure.
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Old Jan 5, 2017, 12:33 pm
  #43  
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Yes, that seems fairly clear cut, so long as you specifically requested EC261 compensation. I can't see any obvious get out clauses there. Always a good idea to make a contemporary note of what captains say in this situation, BA pilots are generally excellent at keeping people informed. You may need to wait a week or two to hear more, but if you are lucky you may be fast tracked on this one. The only hesitation I have is that I imagine that CR have been snowed under with fog queries (note unsubtle mixed metaphor) and so there may now be a backlog. Therefore I'd leave it a month before calling up.
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Old Jan 5, 2017, 11:06 pm
  #44  
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since my case happened on 4Oct 2016 and i've brought it up quite a few times, i'll try to keep it short.
I need to transfer the money into my HKG account.
I've reported to BA I havent yet received the money after 3 weeks of submitting details, and they got back to me saying bank rejected their transfer order. I then submitted the bank details again along with full SWIFT code and bank address. monies then received within a week.

my other claim for transport to East London on another a fog delay that sent me to LHR (instead of LCY) also got thru.
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Old Jan 6, 2017, 6:30 am
  #45  
 
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I was hoping for some guidance please: Would two separate tickets (one -125 BA and one -105 AY) linked under one PNR be treated as two seperate 'destinations' under the legislation, i.e. would a delay of >3 hours on the first flight be eligible for compensation?
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