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

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

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Old May 29, 2017, 10:25 am
  #571  
 
Join Date: Jan 2009
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That was a quick response from them considering no "blame" has yet been officially apportioned by them.
Mine has just gone in but for a flight on 27th, which was the main day of the technical issues. I haven't got an automatic response. That, at least, I would have expected.
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Old May 29, 2017, 10:25 am
  #572  
 
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Originally Posted by Tobias-UK
No. The airline causing the delay is not an EU carrier travelling to or from the EU.
Following up on this (and having gotten more info from my sister), it transpires that she actually made it to the gate in fine time to board LIM-CDG, but staff at the gate wouldn't allow her to board, as her luggage hadn't yet made it to the plane. I'm now wondering if that's IDB on the part of AF.
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Old May 29, 2017, 10:34 am
  #573  
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Originally Posted by armouredant
Following up on this (and having gotten more info from my sister), it transpires that she actually made it to the gate in fine time to board LIM-CDG, but staff at the gate wouldn't allow her to board, as her luggage hadn't yet made it to the plane. I'm now wondering if that's IDB on the part of AF.
If she presented herself at the gate before it closed, and she was on a direct AF flight (metal) then this does sound like IDB.
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Old May 29, 2017, 10:49 am
  #574  
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Originally Posted by GordonS3
I was scheduled to fly BOM to LHR on 28-May (in Club World), and then on to ABZ later on the same day (in Club Europe). This was a World Traveller Plus booking that I'd upgraded using Avios.

I phoned my company travel agent and got rebooked onto flights BOM-LHR and LHR-ABZ on 29-May instead. Now, EC261 is clear that I'm due €600 in compensation for this.

However, when I arrived at LHR I was greeted with an email telling me that the LHR-ABZ flight had also been cancelled, and I'd been moved onto a flight on 30-May - and it has been downgraded to economy instead of Club Europe!

EC261 is clear that I should be due €250 for this, but because all these flights are all on the same ticket, I'm not sure where this stands? For me, the 2nd cancellation really is yet another major PITA, and I do think I should receive additional compensation for this.

Also according to EC261, either 30/50/75% of the ticket price should be refunded when you are downgraded, but it's not clear if this applies to the whole ticket, or just the affected segment. It's also not clear if this can be claimed as well as claim(s) becauses of delays/cancellations. This downgrade is an extra unnoyance to me, as it means I miss out on much needed extra legroom, can't use fast track security (alas, I'm only a lowly bronze this year!), and can't use the lounge.
On which grounds do you believe that you have a clear cut claim for cancellation of your flights? You may have noticed that this very question is being discussed in this forum, and until now no one knows if BA will be able to rely on the "extraordinary circumstances" cause exempting BA from any duty to pay compensation.

Anyway, you are dealing with 2 cancellations, the first of your initially booked flight and the second of your rebooked flight.

I doubt you will get any comp. for downgrade. The alternative would have been that you had to wait for the next ABZ flight with seats available in CW - obvioulsy, it doesn't make sense for such a short fligh and you took the earlier available flight, albeit in Y. Pax accepting to fly on earlier flight but in lower service class are not considered to have been downgraded.

Refund of 75% of the whole ticket (BOM-ABZ in CW)? Dream on...
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Old May 29, 2017, 10:50 am
  #575  
 
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Quick one as I did not find a clear answer for this on page 1:

I was scheduled on BA569 on 27 May. It got cancelled. I rebooked on BA565 which got cancelled as well and finally made it home on BA7304 on 28 May late afternoon.

Am I correct assuming I can claim compensation for both the original and rerouted flights?
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Old May 29, 2017, 11:02 am
  #576  
 
Join Date: May 2017
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BA Amex / delayed baggage from May 27

In addition to potentially exercising EC261 for the May 27 delay, did any of you also book your May 27 flights on a BA Amex? Given that baggage from those cancelled flights has not been returned, and would guess it will be several more days before that occurs, I'd be interested to see whether any additional compensation could be paid under the BA Amex "Travel Inconvenience Insurance"?

From the policy:
You will be reimbursed for the purchase of essential items of toiletries and
clothing up to:
a) (Baggage delay) £750 if Your checked in baggage has not arrived at
Your destination airport within 6 hours of Your arrival;
b) (Extended baggage delay) An additional £1,000 if Your checked in
baggage has still not arrived at Your destination airport within 48
hours of Your arrival.


However, one exclusion to the claim is if the Baggage delay or extended baggage delay on the final leg of Your return flight.

In my case, the outbound leg of my flight (LHR-ZRH) was cancelled on May 27, rather than the return leg, but I'm wondering if my claim would get caught up in that exclusion since I'm still at my home ariport?

Any thoughts would be appreciated. Thanks.
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Old May 29, 2017, 11:21 am
  #577  
 
Join Date: Feb 2013
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Originally Posted by SK AAR
On which grounds do you believe that you have a clear cut claim for cancellation of your flights? You may have noticed that this very question is being discussed in this forum, and until now no one knows if BA will be able to rely on the "extraordinary circumstances" cause exempting BA from any duty to pay compensation.
BA has claimed it was an IT issue; IT is firmly within their control. While we don't know any details yet, even if a meteor fell on one of their data centres, it would still be within in their control to keep things running (I'm in a fairly senior IT position). Trying to play the "extraordinary circumstances" card is BA dreaming.

Originally Posted by SK AAR
Anyway, you are dealing with 2 cancellations, the first of your initially booked flight and the second of your rebooked flight.
^

Originally Posted by SK AAR
I doubt you will get any comp. for downgrade. The alternative would have been that you had to wait for the next ABZ flight with seats available in CW
Well, yes - but this was only the case because of BA's failure. The fact is that I paid for a service, and got a downgraded version of it (booking WTP for the long haul segments had me in Club Europe for the domestic ones, it wasn't anything to do with Avios).

Originally Posted by SK AAR
I doubt you will get any comp. for downgrade. The alternative would have been that you had to wait for the next ABZ flight with seats available in CW - obvioulsy, it doesn't make sense for such a short fligh and you took the earlier available flight, albeit in Y. Pax accepting to fly on earlier flight but in lower service class are not considered to have been downgraded.
I didn't 'accept' this flight, it just appeared in MMB and I was unable to change it. Which isn't very surprising, as MMB seldom let's me do anything on multi-segment bookings, let along when backend systems are going titsup

Originally Posted by SK AAR
Refund of 75% of the whole ticket (BOM-ABZ in CW)? Dream on...
Now, I didn't say I expected that, only that the regs were unclear.
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Old May 29, 2017, 11:28 am
  #578  
 
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Speculating on if BA should accept responsibility is meaningless until they actually decide if they will accept EU261 responsibility or not and will derail the thread.

It's entirely premature to be debating something that has a decent chance to not require a debate at all should BA step up and say they will pay the claims for this event.
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Old May 29, 2017, 11:37 am
  #579  
 
Join Date: Feb 2013
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Originally Posted by LupineChemist
It's entirely premature to be debating something that has a decent chance to not require a debate at all should BA step up and say they will pay the claims for this event.
I see what you mean, but It's not just about whether BA will try to screw over their customers by wriggling out of their legal obligations under EC261.

There are questions being asked here about how EC261 applies to specific cases, because the regs really aren't very clear in some areas. Debate, guidance and information from others who have already been through similar claims is still very useful here.
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Old May 29, 2017, 12:05 pm
  #580  
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Originally Posted by GordonS3
I see what you mean, but It's not just about whether BA will try to screw over their customers by wriggling out of their legal obligations under EC261.

There are questions being asked here about how EC261 applies to specific cases, because the regs really aren't very clear in some areas. Debate, guidance and information from others who have already been through similar claims is still very useful here.
Yes, GordonS3 that is correct. Please note this is a resource topic, and one that is very busy. We expect that BA will have to pay EC261 delay and cancellation compensation however at this point we do not know for sure because the cause of the IT meltdown is still unknown. Until we know the cause there is nothing to debate. If BA start paying out EC261 claims we will not need to debate it and that will save a lot of arguments and differences of opinion that would clog this topic up. If BA refuse to pay EC261 they will have to explain why they are refusing and at that point we can then debate the issue in knowledge of the grounds for refusal.
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Old May 29, 2017, 12:15 pm
  #581  
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Originally Posted by frandrake
Quick one as I did not find a clear answer for this on page 1:

I was scheduled on BA569 on 27 May. It got cancelled. I rebooked on BA565 which got cancelled as well and finally made it home on BA7304 on 28 May late afternoon.

Am I correct assuming I can claim compensation for both the original and rerouted flights?
In theory, if you were ticketed for both cancelled flight, you can get compensation for both flights. I wouldn't expect BA to pay more than one round of compensation, however. There would certainly be right of care throughout, so anything in that area should be paid regardless.
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Old May 29, 2017, 12:17 pm
  #582  
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Originally Posted by citybeing
Any thoughts would be appreciated. Thanks.
Though perhaps outside the scope of this thread I'm hoping someone can give you an answer at some point to this question, or perhaps can come up with a similar situation which may speak to your scenario.

I can however welcome you to Flyertalk citybeing and the BA Forum. I imagine the events of the last few days have brought you here, and once the dust has settled I hope you will find this forum useful going forward.
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Old May 29, 2017, 12:45 pm
  #583  
 
Join Date: Jul 2016
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Originally Posted by Gazkane
Also, when trying to cancel/obtain a refund in manage my booking it says:

"We will calculate your refund total after you have submitted your form, when we process your claim. The refund amount will be based on our terms and conditions and is final and non-negotiable. Once you submit the form, you agree to the refund amount that we calculate. Under normal circumstances your refund will be processed within 7 working days of form submission, but please be aware that it may take up to two billing cycles before appearing on your credit card statement."

How can i agree to the refund amount if the amount is not known until after i submit the form?
At the bottom of the form from the red link inthe wiki, the T&Cs dont say the above. They say only :

"By submitting this form

I declare and certify that to the best of my knowledge and belief that the statements and details provided within this claim form are true and correct in every respect.
In the event of a third-party being liable for the loss, all rights in this matter are subrogated to British Airways on settlement of this claim.
I understand that the information I have provided may be made available to other airlines or insurance companies for underwriting and claims handling purposes.
I consent to the exchange of information between other airlines or insurance companies in the processing of my claim
I also understand British Airways may instruct an external loss adjuster to further process my claim."

So, i think its ok to submit claim. I wouldn't submit the claim if Gazkane is correct about those T&Cs.

I rebooked my son onto an FR flight and expect BA to cover the cost.
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Old May 29, 2017, 1:31 pm
  #584  
 
Join Date: Feb 2017
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Hi, I wanted to check my understanding of 3 different EC261 Scenarios from this weekend/today.

1) My situation. My wife and I's flight was cancelled today VIE-LHR-GLA. Re-booked for 24 hours later. My claim would be for €250 each for the original cancellation. In addition reasonable expenses for Hotel, Food and Travel to the airport etc.

2) My Dad and his Wife were flying VIE to LHR. Flight was cancelled and they were put on a later BA flight. However this switched them from J to Y. Arrival at LHR will be 3+ Hours late.

So in their case, €250 each plus 30% of either the full ticket price or the single leg, depending on BA's viewpoint.

3) My wife's friend and her daughters flight was cancelled last night (LHR to GLA). Result was they were only offered a flight for today. However off their own back they took a Fly Be flight home from LCY instead.

In this case it would be a full BA refund and €250 for the cancelled flight. However no refund for the FlyBE flight?

Is my understanding correct re these scenarios?

Thanks
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Old May 29, 2017, 1:49 pm
  #585  
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Originally Posted by Samaras
Is my understanding correct re these scenarios?
Yes it is. For point 2 the law is now settled that it is per the affected leg only, not for the whole ticket, so the downgrade amount won't necessarily be a lot of money, but some people have found BA's own calculation of a refund to be greater than the law requires. For point 3, I would nevertheless claim the FlyBe ticket, without being optimistic of a positive outcome.
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