corporate-wage-slave

Indeed that immediately raise my eyebrows. The "we only pay short haul" on long to short flight connections is almost certainly not the intent of the legislation, but the wording is sufficiently vague (the Regulation uses the word "flight" in the relevant clause) that most airlines indeed would pay the 250€ amount rather than 600€. This will be worth watching!

On the other hand, the downgrade amount doesn't strike me as logical unless you had been rebooked into CE the next day (and given a hotel), had kicked up a fuss and then been offered ET as an alternative. The 75%, which would be relative to the shorhaul sector, falls in line with the distance being deemed to be from Canada: I would have thought it would be the 30% amount, and BA's internal refund on that would be around Ł150 or so (so typically higher than 30%).

So a somewhat muddled outcome from CEDR in my view. There again one of the other Guardian threads today had a link to a barrister of great repute, who (a) misclaimed under EC261 such that CEDR gave him less than expected and (b) described the Regulations (in his case) as being complicated!

By thanks rstruthe for reporting back here.

rstruthe

Here are the relevant details from my arbitration to quote in this situation, hope this helps people here claiming in this situation.

In determining the distance, the basis shall be the last destination at which the denial of boarding
or cancellation will delay the passenger’s arrival after the scheduled time.

The decision of the ECJ in Case C-11/11 Air France v Folkerts (2013). Namely, that where a passenger takes connecting flights on a through ticket (i.e. one check-in through to the final destination), their Article 7 right to compensation if any flights are cancelled or if they arrive more than 3 hours late at their final destination, is to be calculated from the point of origin to the final destination.

On this basis, for the purposes of compensation, the distance traveled is to be calculated from the Passenger’s point of origin. The Passenger is entitled to compensation in the sum of EUR 600 per passenger pursuant to Article 7(1)(c).

dares

Hi all,

I finally got an answer to my claim to Iberia Express. Interesting enough the answer, email layout, logos and no-reply email address used are from Iberia and not Iberia Express itself.

There is no reference to my detailed claim (which it has been clearly ruled out) but some unnecessary mention to their plane and crew location (which by the way prior to my flight cancellation landed on LHR as we previously confirmed in this post).

Full answer:Since there is no alternative left to reply this email (no link or email to reply this), I can go back to square one (not very encouraging),try my luck on the phone line (even less encouraging) or look for alternative approaches.

Any suggestion on the later?

Thanks

caz312

Did you specifically mention in your contact that you were claiming EU261 compensation?
Sounds like they have either not read the contact properly and assume it was a complaint rather than a claim....they don't specifically say they are not paying you EU261 compensation (or that they are)

dares

Thank you @caz312

You´re correct, they don´t mention that but the way they write the email looks to me that they´re denying any responsability and closing the case.

I was clear in my original request. Extract as it follows:Thanks

corporate-wage-slave

Well with Iberia this is standard form I'm afraid. It's very difficult to get them to pay up in comparison with BA (or even Vueling!).

You should now write to them specifically asking for the exact amount of compensation that is due to you under and giving them 16 days to pay up. You should also have to expect to either move MCOL on them (see initial posts in this thread), alternatively use Section 75 of the Consumer Credit Act if you paid with a UK issued credit card and the fare was for more than Ł100. The CEDR options mentioned in this thread don't apply, however you can complain to the CAA, since they will ping Iberia with a charge for processing your complaint. You can try the CAA in conjunction with MCOL or Section 75 if you like.

dares

Thanks @corporate-wage-slave for your input.

My claim actually covered the exact compensation and deadline bits, thus it looks I have to go to the next step.

I had a look into the first posts (great info in there, thanks) and see two obstacles in here: Iberia Express is not based in the UK and my fare was below Ł100, I guess CAA should be my next point of contact.

Cheers

linz36

Where should this be posted to?

armouredant

Iberia Lineas Aereas De Espana Sociedad Anonima Operadora, Waterside Orient 2a, West Drayton, Harmondsworth, UB7 0GB

chrismk

Had to spend an extra night in New York and have submitted a claim.
My wife is a wheelchair user so requires an ADA room. The room we were in was available for the Saturday evening. I rang a few hotels but they didn't have a suitable room. There was one near JFK at $365 but until c-w-s came to our rescue with advice to ring the BA Holidays helpline we had no idea even which day we might get home.

So we had to make a decision and frankly it was a no brainer to stay put.
This was Memorial weekend and the room was $445. They have offered $200 which is derisory given the circumstances.

I mentioned that the two meals we claimed for ($53) were easily the cheapest of our stay. We could also have used a taxi to JFK instead of the Subway.

I have pointed this out to them again and await their response. I am happy to compromise to an extent but what are my options?

corporate-wage-slave

Unless BA had been willing to find you an alternative option at the time, I don't see the need to compromise. The guidelines they put in place are purely of BA's making, and while I can see this actually is very sensible (given the number of "what is reasonable" questions we see here and most people are perhaps able to adapt to the circumstances better), it actually has nothing to do with your entitlements under the Regulation. There are no specific limits in the Regulation, moreover BA failed in their Right of Care responsibilities. On top of that, there is a very specific clause in the Regulation that underlines the importance of Right of Care to those with disabilities, which admittedly is non specific, but if it had to be specifically applied then it would be on something like this. Ditto food and transport, incidentally.

If this got to court, I'm 100% sure this would not get past initial pleadings. Which, of course, is why it won't get to court.

I've asked the Mods to move these posts, as mentioned in the wiki there is a better place for this.

chrismk

Thanks c-w-s!

Apologies for posting in wrong thread - brain fade moment

Great_circle

I had a 4 hour delays from AMS to LHR on June 22, like many of us on that day due to weather. However there was also a technical issue involved at one point:
Boarding was on time. Then the weather delay was announced and updates came, each with later departure times. Finally we could push back, only to stop not far from the gate due to 'technical issues'.
We taxied back to the (same) gate, ground staff boarded the flight after a while to solve the problem, when all was fixed they left and -again- we waited because of limited traffic due to weather. And some refuelling was needed.
I was upgraded (for operational reasons?) during boarding
We (CE pax) were given a meal while on the ground, I don't remember if this was during the repairs or during the wait after that).
Also, I was travelling on Avios.

For me the 4 hour delay didn't cause any extra expenses and 'only' an entire afternoon was lost (was a leisure trip) hence I find it a bit difficult to ask for compansation, but I somehow feel I should.
Given the fact that I travelled on Avios and that a big part of the delayed time was due to weather, should I be asking for compensation at all? And if so, within how many days should I do so?

caz312

you would have a total delay of weather+technical+ATC...was the technical part of the delay over 3 hours?

corporate-wage-slave

Yes, unless the technical delay - on its own - was over 3 hours long, I can't see this going anywhere. Being upgrade or a redemption ticket makes no difference, they are still entitled to compensation, but only for the non extraordinary bit. The time limit for claiming depends on where you live, see the initial posts, but you have years to claim, not days.