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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

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Old Jul 7, 17, 2:54 pm
  #1006  
 
Join Date: Jan 2017
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Originally Posted by RedArrowX View Post
Hoping someone can clarify the following.

We were flying LAS>LHR>GLA on the same through ticket. Due to a mix up by BA we were delayed over 9 hours for our connecting flight to GLA.

BA are offering us 250 Euros each, as our LAS flight arrived on time into LHR and the delay was only on the connecting flight.

Is this correct or should we be entitled to 600 Euros each?
BA are wrong on this point. The regulations are clear as you can see from this EC extract

vii. Compensation for late arrival in the case of connecting flights

The Court43 takes the view that a delay must be assessed for the purposes of the compensation provided for in Article 7 of the Regulation, in relation to the scheduled time of arrival at the passenger's final destination as defined in Article 2(h) of the Regulation, which in the case of directly connecting flights must be understood as the destination of the last flight taken by the passenger.

In the case of passengers departing from an airport in an non-EU country to an airport situated in the territory of a Member State as their final destination in accordance with Article 3(1)(b), with directly connecting flights operated successively by non-EU and EU carriers or by EU carriers only, the right to compensation in case of a long delay on arrival at the final destination should be assessed only in relation to the flights operated by EU carriers.

If BA still refuse to pay you €600, the simplest way to move forwards would be via CEDR, who are unlikely to fail in the correct interpretation of the regs as it's pretty difficult to mis interpret the above.
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Old Jul 7, 17, 4:03 pm
  #1007  
 
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out of interest how does this work with different carriers on one ticket. EU carrier long haul flight arrives on time, domestic connection delayed...domestic carrier has to pay €600?
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Old Jul 7, 17, 5:19 pm
  #1008  
 
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If the scenario you have in mind is LHR-JFK(BA)-ORD(AA) and you arrive into JFK on time-ish but into ORD 3-4 hours late, then nothing is due.
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Old Jul 8, 17, 2:12 pm
  #1009  
 
Join Date: Jun 2012
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I was booked in F on BA0274 that was cancelled a few weeks back.

It was an avios 241 booking.

I called BA who got us on the next flight 24hours later in J(the original flight was delayed 48 hours)

I put in my claim to BA and asked what compensation was due for the 241.

They replied within 10 days agreeing to pay for our hotel, pay 600 Euros each and refund the avios.
Should I expect anything returned for the 241 as I would argue I didn't get the value from it that I had booked?
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Old Jul 8, 17, 2:41 pm
  #1010  
 
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Originally Posted by BA6501 View Post
If the scenario you have in mind is LHR-JFK(BA)-ORD(AA) and you arrive into JFK on time-ish but into ORD 3-4 hours late, then nothing is due.
I was thinking the reverse...as a scenario...Virgin flight JFK to LHR arrives on time, passenger connecting to flybe to Edinburgh and it is delayed/cancelled (not unusual!) If flybe liable for the €600?
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Old Jul 8, 17, 8:49 pm
  #1011  
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Originally Posted by caz312 View Post
I was thinking the reverse...as a scenario...Virgin flight JFK to LHR arrives on time, passenger connecting to flybe to Edinburgh and it is delayed/cancelled (not unusual!) If flybe liable for the €600?
The 600€ issue is contentious in long-to-short connections, plus FlyBe are incredibly difficult to extract EC261 from anyway. So that is destined for the 250€ compensation anyway since the operating carrier is FlyBe and they will see this as purely a LHR-EDI service. If taken to court then who knows, but common sense suggests a judge wouldn't see the logic in pinging FlyBe for a trip for which they were not the operating carrier.
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Old Jul 9, 17, 12:44 am
  #1012  
 
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Originally Posted by corporate-wage-slave View Post
The 600€ issue is contentious in long-to-short connections, plus FlyBe are incredibly difficult to extract EC261 from anyway. So that is destined for the 250€ compensation anyway since the operating carrier is FlyBe and they will see this as purely a LHR-EDI service. If taken to court then who knows, but common sense suggests a judge wouldn't see the logic in pinging FlyBe for a trip for which they were not the operating carrier.
I disagree about the problems with Flybe not paying.I had a NQY-LBA flight delayed late last year and they agreed immediately and paid 250 Euro within a week.
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Old Jul 9, 17, 2:54 am
  #1013  
 
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I'm meant to be flying BA8488 AGP to LCY this evening but it has been cancelled.

BA are unable to offer me an alternative flight until tomorrow, though they have offered me £158 per passenger to cancel the booking. If I accept this will I lose eligibility to the €400 pp compensation?

Luckily I saw the cancellation message as soon as it came through and even though the call centre was closed I just went ahead and booked two new tickets today with BA, for £80pp, but I will still arrive more than 3 hours after my originally scheduled time and to Heathrow instead of City.

I'm obviously lucky to have secured my flights (clearly best not to rely on the call centre in these situations!) but how can I maximise my compensation?
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Old Jul 10, 17, 3:16 am
  #1014  
 
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Was due to fly MAD-LHR yesterday (9th July) 12:20. Flight was cancelled on Thursday (6th) After some wrangling, managed to get rebooked on the 06:55 flight same day - they said nothing else was available.

If I'm reading the rules correctly this should be EUR250 compensation per passenger (less than 7 days cancellation notice, 5+ hours early departure). Is that right?
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Old Jul 10, 17, 9:11 am
  #1015  
 
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Originally Posted by metooleopard View Post
Was due to fly MAD-LHR yesterday (9th July) 12:20. Flight was cancelled on Thursday (6th) After some wrangling, managed to get rebooked on the 06:55 flight same day - they said nothing else was available.

If I'm reading the rules correctly this should be EUR250 compensation per passenger (less than 7 days cancellation notice, 5+ hours early departure). Is that right?
Similar situation to Metooleopard but the LHR-MAD outbound BA458 on the 14th instead. Flight was suppose to depart on 07:20 but now rebooked to the 456 at 06:20 4 days before the flight.

Looking at the rules this sits exactly on the 1 hour mark.. not quite sure if this would qualify for EC261 compensation.

In case of cancellation, you are also entitled to compensation in the following circumstances:
a) You are given less than 7 days’ notice of the cancellation and you are offered rerouting which leaves more than an hour earlier than originally scheduled or arrives at your final destination more than 2 hours later than originally scheduled.
Besides, I'm thinking that because BA458 is a Mixed Fleet flight anyways, would this be classified as extraordinary circumstances and thus no compensation would be due?
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Old Jul 10, 17, 10:51 am
  #1016  
 
Join Date: Jul 2017
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I had a flight cancelled during the BA IT meltdown fiasco (in May).
They refused my compensation as the flight was supposed to be operated by Iberia.

I put a claim into Iberia - which they have refused - as they say it's BA's fault.

Is court action against Iberia the only way through this?
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Old Jul 10, 17, 11:01 am
  #1017  
 
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Pretty much. There are a couple posts in this thread with someone else having the same issue, on a flight (I believe to OVD) operated by Iberia Express.

It is not exactly BA's fault, it's the fault of the IT system Iberia use at LHR, which happens to be BA's.
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Old Jul 10, 17, 11:51 am
  #1018  
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Originally Posted by bluesodium View Post
I put a claim into Iberia - which they have refused - as they say it's BA's fault.

Is court action against Iberia the only way through this?
Welcome, bluesodium, to Flyertalk and especially to the BA forum, it's good to have you here and I hope we will see more of you in the future. In brief Iberia does not pay EC261 without at least a legal threat, and sometimes it does get to court, since their external solicitors seem to have a vested interest in pushing through on near hopeless cases. More of that upthread. I think you have a strong case, since BA and IB are two airlines from the same company, and even if they had different owners there would probably be a case if BA were seen as suppliers to IB. You alternatives are to use Section 75 of the Consumer Credit Act if you paid with a UK credit card, and/or to complain via the CAA. The latter is unlikely to do you any good but Iberia will be charged £150 by the CAA, and if they still don't pay up then you can still go to MCOL.
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Old Jul 10, 17, 11:54 am
  #1019  
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Originally Posted by metooleopard View Post
If I'm reading the rules correctly this should be EUR250 compensation per passenger (less than 7 days cancellation notice, 5+ hours early departure). Is that right?
Originally Posted by 12cheungtk1 View Post
Besides, I'm thinking that because BA458 is a Mixed Fleet flight anyways, would this be classified as extraordinary circumstances and thus no compensation would be due?
Yes, I don't think you'll get anywhere with this. BA will have a clear case for claiming extraordinary circumstances here, see Article 5.3.
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Old Jul 10, 17, 3:17 pm
  #1020  
 
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Any updates on BA responses to 'IT fiasco day' claims? Tomorrow will be one month since I filed for EC261 compensation and I have still heard nothing.
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