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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 May 23, 17, 7:16 am
  #481  
 
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I believe it is the latter
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Old May 23, 17, 7:21 am
  #482  
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Originally Posted by windowontheAside View Post
This is not a BA flight, so I won't linger here, but perhaps you'll permit me a quick question. I've just been notified of a cancellation to a return leg of a trip (all on one ticket).

Does the two week notice period apply to the start of the trip or the date of the cancelled flight?
the regulation states in all three time periods in Article 5.1 (c) (i),(ii) and (iii)

... they are informed of the cancellation <time period> before the scheduled time of departure ..
I read that as for the individual flight concerned
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Old May 23, 17, 7:45 am
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Sigh. So I miss that deadline by 24 hours. I guess that means I can only request a full refund since there's no viable reroute on offer.

Just looking at options on other airlines - at less than two weeks out, fares are much higher, so I'll be going Y instead of J. Grrrrr. Sometimes I hate airlines.
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Old May 23, 17, 11:50 pm
  #484  
 
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Originally Posted by corporate-wage-slave View Post
I suspect you are going to struggle on this one. BA will have a legitimate reason to deny payment for weather related reasons. You can give it a go perhaps, but because MSY is an outstation and the delay into LHR was fairly short, then I can't see this going very far.
Originally Posted by SK AAR View Post
I agree. Weather related delay to the inbound flight at an outstation will be a valid excuse to deny payment of EC reg. 261/04 comp. Your claim will most likely be firmly denied by BA.

Thanks for the replies. Have already sent in the claim form, but I dont expect much to come out of it.
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Old May 24, 17, 4:09 am
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Friend's parents struggling with aftermath of delay ..

I'll try and summarise.

They booked a r/t flight via Omega to Australia.

Ticket is 125 stock travelling on BA / QA

return QA from sydney heavily delayed and then cancelled. Couple needed to get home and arranged (prob thu QA desk) flights with Ethiad arriving some 12 hours late (rather than taking hotel and next day option)

Basically they are trying to get back the money for the seat selection they paid on the BA HK to LHR leg.. (120) ... they applied through Qantas who said 10 days which has now passed and they are now saying 28 days (now past) but the money was paid to BA directly via BA booking reference so I think they need to go to BA?

Also, are they entitled to EU261 if it was a 125 ticket?

Any other compo they should push for? (from Qantas?) - they had a very uncomfortable journey home stuck in the middle of row of 4 (bladder issues due to cancer) hence paying specifically for the aisle seats)

Thanks for any thoughts
CF
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Old May 24, 17, 4:33 am
  #486  
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Flights into the EU on non EU carries such do not qualify for EU261 compensation / provision. Booking on BA ticket stock does not change that it is operating airline that matters.
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Old May 24, 17, 4:34 am
  #487  
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Originally Posted by CaroFos View Post
Basically they are trying to get back the money for the seat selection they paid on the BA HK to LHR leg.. (120) ... they applied through Qantas who said 10 days which has now passed and they are now saying 28 days (now past) but the money was paid to BA directly via BA booking reference so I think they need to go to BA?
Yes, they should apply to BA for this https://www.britishairways.com/en-gb...es-and-refunds
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Old May 25, 17, 2:39 am
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Thank you! ^
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Old May 25, 17, 1:43 pm
  #489  
 
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Question TLL-HEL-LHR

I (and at least one other FTer) were delayed on the TLL-HEL leg of this trip back to London by >4hrs (and missed out A350 too ). This was on the morning of Apr30th. There had been some 'weather' the previous day and the crew taking us to HEL was the same one coming in from HEL to TLL, who had been delayed and needed rest time.

I wrote to the Operating carrier, AY, to claim 261 compensation for the >4hr delay and they refused, saying it was due to the above, so no comp would be allowed.

Any views on whether this was "exceptional circumstances" or do you thing that a flight originating from TLL should have a crew able to fly the plane and not solely rely on the previous days' crew. Surely these circumstances can be foreseen at that latitude in April?

So, should I pursue the 400? If so, am I able to MCOL AY in the UK? Ticket was purchased from BA.

Thanks for any advice.
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Old May 25, 17, 2:31 pm
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Finnair should have had a standby crew available.A couple of months ago mrs rapidex was delayed out of BKK and missed her connection in HEL,was forced to stay overnight and got back to LHR 10 hours later.We put in an EU261 claim and I went on the AY forum.

Most replies I got suggested AY would deny the claim and we would be forced into MCOL.However,a week or so later AY accepted the claim and offered 600 Euro cash or an 800 voucher.

Most of the guys on the AY forum thought it was because they are rather afraid of the small claims court.You can take action here against them,but they do not take part in mediation.
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Old May 25, 17, 3:23 pm
  #491  
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Originally Posted by wanderingjock View Post
I (and at least one other FTer) were delayed on the TLL-HEL leg of this trip back to London by >4hrs (and missed out A350 too ). This was on the morning of Apr30th. There had been some 'weather' the previous day and the crew taking us to HEL was the same one coming in from HEL to TLL, who had been delayed and needed rest time.

I wrote to the Operating carrier, AY, to claim 261 compensation for the >4hr delay and they refused, saying it was due to the above, so no comp would be allowed.

Any views on whether this was "exceptional circumstances" or do you thing that a flight originating from TLL should have a crew able to fly the plane and not solely rely on the previous days' crew. Surely these circumstances can be foreseen at that latitude in April?

So, should I pursue the €400? If so, am I able to MCOL AY in the UK? Ticket was purchased from BA.

Thanks for any advice.
@wanderingjock: Perhaps you may find the discussion and the wiki in the Finnair and EU 261 compensation thread useful (it appears that tobitronics was on the same flight as you and posted in that thread)
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Old May 25, 17, 4:18 pm
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Thanks Paul00 ^
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Old May 26, 17, 9:23 am
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Originally Posted by Misco60 View Post
British Airways has failed to respond to my letter before action in respect of a cancelled flight on 23 March, and thus I am about to initiate a claim using MCOL...
I have just received an email from British Airways advising me that they will meet my claim in full.

For the benefit of others who may go down the same route, here's the sequence of events.

1. As explained, BA failed to respond to my letter before action so I initiated a claim via MCOL. The process was very straightforward. BA then had 14 days to acknowledge the claim.

2. BA acknowledged the claim on day 12; this gave them a further 28 days to respond to the claim.

3. On day 15 (of that 28) I received the email advising me that the claim was being settled in full. They have asked me to notify the court and discontinue action but, of course, I won't be doing this until the cheque has been received.

It is very disappointing - though not at all surprising - that BA failed to just pay up in the first instance, especially as they told me in their very first reply that the cancellation was due to crew being out of hours (and, therefore, entirely their responsibility).
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Old May 27, 17, 10:11 am
  #494  
 
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I'm surprised no-one has yet posted on this thread today, given the complete meltdown at BA this Saturday!

Anyway - I couldn't find a straight answer, but how does EC261 apply to holidays booked via ba.com?

My family and I made two separate bookings for flights to Hong Kong, bundled with hotel rooms for our respective stays.

My mum and sister have their fingers crossed, and might hopefully be rebooked for travel tomorrow.

I will have to cancel, as my stay was only two nights, now reduced to one.

In terms of rebooking and/or outright cancellation, does EU261 still apply given the hotel element, and can we each claim a maximum of €600? Or do we forfeit this with a rebooking or cancellation?

Cheers for the info. Really bad timing - we were actually flying back for a family emergency, but I imagine people like myself and Bank Holiday-goers are more than a little p'eed off at the whole situation and near-complete lack of timely and useful updates...

Last edited by RandomStan; May 27, 17 at 10:28 am
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Old May 27, 17, 10:23 am
  #495  
 
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EC261

Can someone please clarify if this outage is eligible?
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