The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Jun 9, 2017, 1:01 am
#811
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,586
I managed to get a reply from BA via their Twitter account and the whole saga is getting more twisted:
Hi, sorry for our late response. We've refused your claim for EU compensation as we are not the operator. Your flight was operated by Iberia Express. You'll need to make a claim with them. ^Helen
This is plain ridiculous. Not only Iberia Express is another IAG company but also all Iberia Express flights from LHR depart from Terminal 5 and are operated by British Airways; hence the cancellation of the 27 May flight. Iberia Express doesnīt have any staff based in LHR and just provides the aircraft and the flight crew.
Hi, sorry for our late response. We've refused your claim for EU compensation as we are not the operator. Your flight was operated by Iberia Express. You'll need to make a claim with them. ^Helen
This is plain ridiculous. Not only Iberia Express is another IAG company but also all Iberia Express flights from LHR depart from Terminal 5 and are operated by British Airways; hence the cancellation of the 27 May flight. Iberia Express doesnīt have any staff based in LHR and just provides the aircraft and the flight crew.
Looking at Expert Flyer, it does not seem correct a statement that they are all operated by BA. Checking LHR-LPA , it seems that BA536 ( for example ) from LHR-LPA is operated by I2
Last edited by Dave Noble; Jun 9, 2017 at 1:07 am
Jun 9, 2017, 2:25 am
#812
Join Date: Jul 2000
Location: AUH
Posts: 8,265
All IB flights operated out of LHR have to have a "prime" BA flight number, apparently due to a system limitation related to the conformance implementation.
Just because it says BA5xx out of LHR, which looks like a normal BA flight, it doesn't mean that BA operates it.
Just because it says BA5xx out of LHR, which looks like a normal BA flight, it doesn't mean that BA operates it.
Jun 9, 2017, 3:33 am
#814
Join Date: May 2013
Posts: 6,349
This is plain ridiculous. Not only Iberia Express is another IAG company but also all Iberia Express flights from LHR depart from Terminal 5 and are operated by British Airways; hence the cancellation of the 27 May flight. Iberia Express doesnīt have any staff based in LHR and just provides the aircraft and the flight crew.
.....
I keep pushing for this, but any further advise would be welcome.
Thanks
.....
I keep pushing for this, but any further advise would be welcome.
Thanks
EC261 makes clear that compensation is payable by the operating air carrier. If that was Iberia Express then you need to claim from them.
Of course the initial 'exceptional circumstances' excuse from BA was nonsense, probably because some under trained gofer in India pressed the wrong button (at least it didn't cut off the power), but what they have now told you is correct.
Jun 9, 2017, 6:38 am
#815
Join Date: Jul 2016
Location: ABZ
Programs: BA Gold, IHG Spire Ambassador
Posts: 98
Not complaining at all - I've already got my expense refunds and EU261 compensation, so the TPs an Avios are a bonus! :P
(P.S. I've not seen my BAEC membership extended yet - hold on one more week before processing, please, BA - I'm hitting Gold (for the first time ever!) after the weekend and it'd be lovely if it was that Tier status that was extended!
)
Jun 9, 2017, 6:58 am
#816
Join Date: Aug 2006
Location: In the sticks
Programs: VS FC Gold, BA EC Gold, Amex Centurion, EK Gold, ex-G-ATVK driver
Posts: 1,829
Travel was on Sunday 28 May, I made my claim on 2 June online, and received a result this morning (9 June). In the claim I made, I gave them the option of either EUR300 or 50k Avios (non-negotiable) and they went for the EUR300.
No sign of any tier level extension as of yet.
Payment by cheque, how quaint! I 'm not sure I even know where my nearest local branch is nowadays, they keep shutting them down.
No sign of any tier level extension as of yet.
Payment by cheque, how quaint! I 'm not sure I even know where my nearest local branch is nowadays, they keep shutting them down.
Dear Mr Long
Thanks for your email last week. I do apologise for the delay in my reply.
I'm genuinely sorry for the inconvenience caused when your flight was cancelled. However, Ive checked the details of your journey and Im pleased to advise youre entitled to compensation for the cancellation of your flight BA0008 on 28 May 2017.
The distance of your disrupted journey was over 3,500km. Because you arrived at your destination within four hours of your scheduled arrival time, youre entitled to 300.00 in compensation, which is 50% of the full amount.
I've converted this to your local currency which is Ģ261.45. Ive raised a cheque for this amount, which will be paid directly to you. Youll receive it soon.
Unfortunately, I'm unable to offer 50,000 Avios. Please accept my apologies.
Thanks again for getting in touch. As a Gold member of our Executive Club, we're grateful for your time. If I can help with any other queries, please don't hesitate to contact me using the blue link below.
Thanks for your email last week. I do apologise for the delay in my reply.
I'm genuinely sorry for the inconvenience caused when your flight was cancelled. However, Ive checked the details of your journey and Im pleased to advise youre entitled to compensation for the cancellation of your flight BA0008 on 28 May 2017.
The distance of your disrupted journey was over 3,500km. Because you arrived at your destination within four hours of your scheduled arrival time, youre entitled to 300.00 in compensation, which is 50% of the full amount.
I've converted this to your local currency which is Ģ261.45. Ive raised a cheque for this amount, which will be paid directly to you. Youll receive it soon.
Unfortunately, I'm unable to offer 50,000 Avios. Please accept my apologies.
Thanks again for getting in touch. As a Gold member of our Executive Club, we're grateful for your time. If I can help with any other queries, please don't hesitate to contact me using the blue link below.
Jun 9, 2017, 7:44 am
#817
Join Date: Jun 2017
Location: London
Posts: 15
Many thanks @RandomStan @simons1 @Steve_ZA @stargold and @Dave Noble for your input and advice :
The flight code was BA0528
I will follow up with Iberia (Express) and report back.
I found this interesting piece of info: https://www.claimair.com/blog/how-to-get-compensations-from-codis leshare-flight/
I also had a deep look into the EC261 text and it looks that the operating carrier is to blame: http://eur-lex.europa.eu/legal-conte...4R0261&from=EN
On a related note, another interesting piece to the jigsaw: As per my original post, BA agreed to pay my food and train expenses and they also sorted out the hotel accommodation for a Yorkshire family I randomly met at my re-booked flight (they were also booked at my cancelled flight) why BA paid those when they claim Iberia Express is liable?
Thanks
The flight code was BA0528
I will follow up with Iberia (Express) and report back.
I found this interesting piece of info: https://www.claimair.com/blog/how-to-get-compensations-from-codis leshare-flight/
So, who you should claim to when your flight gets delayed, cancelled, your baggage gets lost or you are bumped off of the flight? Marketing airline? Operating airline? My answer is once your flight is covered by the legislation, you can claim to whoever you want. Thats another advantage of codeshare both operating and marketing carriers share their responsibilities and whoever you choose to claim to, they must pay attention to your complaint.
However, there is another bad airlines common practice you should be aware of. Once you claim your rights to operating carrier whilst you had previously entered a contract with marketing carrier, you could be quickly wrongfully rejected by the operating carrier with an explanation that only marketing carrier is responsible because of your agreement. Sometimes its like fighting with windmills so my recommendation is to claim your rights to the airline you entered a contract with. According to the statistics, the amount of rejections is lower if you accomplish it this way so your complaint can be at least processed faster.
Any thoughts on the above quote?However, there is another bad airlines common practice you should be aware of. Once you claim your rights to operating carrier whilst you had previously entered a contract with marketing carrier, you could be quickly wrongfully rejected by the operating carrier with an explanation that only marketing carrier is responsible because of your agreement. Sometimes its like fighting with windmills so my recommendation is to claim your rights to the airline you entered a contract with. According to the statistics, the amount of rejections is lower if you accomplish it this way so your complaint can be at least processed faster.
I also had a deep look into the EC261 text and it looks that the operating carrier is to blame: http://eur-lex.europa.eu/legal-conte...4R0261&from=EN
On a related note, another interesting piece to the jigsaw: As per my original post, BA agreed to pay my food and train expenses and they also sorted out the hotel accommodation for a Yorkshire family I randomly met at my re-booked flight (they were also booked at my cancelled flight) why BA paid those when they claim Iberia Express is liable?
Thanks
Jun 9, 2017, 8:03 am
#818
FlyerTalk Evangelist
Join Date: Jul 2009
Location: UK
Programs: Mucci, BA, AF
Posts: 10,129
BA paid those as they were acting as I2's handling agents.
Jun 9, 2017, 8:38 am
#819
Join Date: Jul 2009
Location: UK
Programs: BA Gold
Posts: 2,422
That flight was definitely canceled and the aircraft (EC-LVQ) that was scheduled to operate it positioned to Madrid as IBS903P departing LHR at 20:58 on the 27th. So there is no way you could have got to OVD and Iberia will need to pay out 250 euro per person traveling.
Jun 9, 2017, 8:46 am
#820
Join Date: Aug 2015
Programs: Pleb Status: AA, BA, EK, EY, QR
Posts: 15
Just got off the phone from a BA rep, offering my €250 compensation under EU261 for my cancelled flight (BA428 LHR - AMS).
However, they have refused my second claim for BA429 AMS - LHR (was flying back-to-back on a separate booking) as I could not have been physically present at the airport, as my previous flight was cancelled.
This feels a bit unfair to me, as I could not legitimately be at the airport due to my previous flight being cancelled, even if was on a separate booking. Should I bother appealing?
However, they have refused my second claim for BA429 AMS - LHR (was flying back-to-back on a separate booking) as I could not have been physically present at the airport, as my previous flight was cancelled.
This feels a bit unfair to me, as I could not legitimately be at the airport due to my previous flight being cancelled, even if was on a separate booking. Should I bother appealing?
Jun 9, 2017, 9:29 am
#821
Join Date: Dec 2000
Location: Chicago, IL
Programs: AA EXP (LT Plat 2MM), Marriott Plat, IHG Plat, HHonors Diamond, Hyatt Plat, SPG Plat75, UA1K
Posts: 1,248
Spoke with BA Rep this morning - she was able to pull up my claims by their reference numbers, said that they were in process and verified my bank account information for payment. She said that they are expecting to be able to make payments within 14 days of claims. While this is what I had been told previously, at least she was willing to review each claim (hotel/meal/transport expenses + EC261 payment) with me instead of basically telling me "wait two weeks then hanging up on me.
Jun 9, 2017, 9:38 am
#822
Join Date: Jun 2017
Location: London
Posts: 15
Thanks. Do you mean that BA is liable for this? The little I could find re the EC 261/2004 suggests it may be Iberia Express.
In an case, itīs really dissappointing the way BA is handling this: completely misleading email answer and no help offered when diverting to Iberia Express (ie they are part of the same group after all)
In an case, itīs really dissappointing the way BA is handling this: completely misleading email answer and no help offered when diverting to Iberia Express (ie they are part of the same group after all)
Jun 9, 2017, 9:39 am
#823
Join Date: Jun 2017
Location: London
Posts: 15
That flight was definitely canceled and the aircraft (EC-LVQ) that was scheduled to operate it positioned to Madrid as IBS903P departing LHR at 20:58 on the 27th. So there is no way you could have got to OVD and Iberia will need to pay out 250 euro per person traveling.
Jun 9, 2017, 10:50 am
#824
FlyerTalk Evangelist
Join Date: Jul 2009
Location: UK
Programs: Mucci, BA, AF
Posts: 10,129
Thanks. Do you mean that BA is liable for this? The little I could find re the EC 261/2004 suggests it may be Iberia Express.
In an case, itīs really dissappointing the way BA is handling this: completely misleading email answer and no help offered when diverting to Iberia Express (ie they are part of the same group after all)
In an case, itīs really dissappointing the way BA is handling this: completely misleading email answer and no help offered when diverting to Iberia Express (ie they are part of the same group after all)
I'm not sure what would happen in the case of a BA/JetTime flight as we saw last summer, as that was a wetlease and not a codeshare yet still operated by JetTime, but that's another situation which does not come into play here.