The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Jul 10, 2017, 11:59 pm
#1021
Join Date: May 2017
Posts: 6
Finally I received the payments from BA regarding the IT issues of 27th of May.
I sent my claims to BA on the 1st of June.
Two weeks ago I received an e-mail from them that they decided I'm entitled to the reimbursement of my expenses for the night I had to spend in London and the compensation of 250 EUR as well.
And yesterday I received both bank transfers from them to my bank account.
I'm so happy but also a little disappointed. I live in Hungary and I provided BA my bank account details held with a Hungarian bank but denominated in EUR currency, since I was expecting EUR or GBP transfers from them.
On Friday BA wrote me they are preparing to send me the bank transfers and they will do the conversions on their side to send me directly Hungarian local currency HUF. I replied them in a short time that I'm not happy with this conversion because I gave them the details of my EUR bank account and asked them not to proceed with any conversions, just send me raw EUR or GBP transfers. But they didn't care and finally they sent me HUF transfers to my EUR account.
So I lost some percentage on double conversions and I'm a little disappointed as well. I don't really understand why a UK company from a UK bank account is sending out international bank transfers converted to foreign currency. This just doesn't make sense for me.
Anyhow I'm glad I have the payments and thanks again for the help I received from this thread!
Jul 11, 2017, 2:38 am
#1022
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,779
You are kidding right? You provided an EUR account No. to BA but complain that BA converted into HUF? (probably at a more favorable rate than your bank would have done) How do you expect BA to know that your account was in HUF rather than - as normal - in the currrency of your domicile?
I bet that if you had provided a HUF account No. and BA had remitted in EUR or GBP, you would have complained too
To be honest with you, I think you got a very fair treatment and compensation from BA on this occasion and should be satified with the outcome rather than being upset by BA converting to and remitting in your currency (which 99% of us would have appreciated).
I bet that if you had provided a HUF account No. and BA had remitted in EUR or GBP, you would have complained too
To be honest with you, I think you got a very fair treatment and compensation from BA on this occasion and should be satified with the outcome rather than being upset by BA converting to and remitting in your currency (which 99% of us would have appreciated).
Jul 11, 2017, 2:44 am
#1023
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,779
You will get nowhere with this. Flybe didn't operate the TATL flight. No sane judge will punish Flybe for VS arriving late @ LHR.
Jul 11, 2017, 3:53 am
#1025
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,779
Ups, sorry.
You should get EUR 250 but not EUR 600 as Flybe didn't operate the TATL flight. I still think you will get nowhere (with claiming EUR 600).
You should get EUR 250 but not EUR 600 as Flybe didn't operate the TATL flight. I still think you will get nowhere (with claiming EUR 600).
Last edited by SK AAR; Jul 11, 2017 at 6:47 am Reason: typo
Jul 11, 2017, 4:31 am
#1026
Join Date: Jan 2008
Posts: 1,492
It wasn't a real situation - it was in response to the discussion about BA offering the lower amount if the long haul flight was not delayed but the domestic was
It appears the view is that the lower amount (which is what BA offer based on the distance from when delay started) is correct if the on-time long haul was on a different airline but not if it was BA
It appears the view is that the lower amount (which is what BA offer based on the distance from when delay started) is correct if the on-time long haul was on a different airline but not if it was BA
Jul 11, 2017, 8:28 am
#1027
Join Date: Jul 2016
Location: Cornwall
Posts: 774
Original Thread
Hi, wondering if someone with more experience/info might be able to tell me if the delays yesterday might be eligible for EU261. This will be the first time claiming:-
Original Flight Times:
BA93 LHR-YYZ Dep 1310 Arr 15:55
AA3623 YYZ-ORD Dep 1821 Arr 1914
Actual:
BA93 LHR-YYZ Dep 1552 Arr 1833
AC515 YYZ-ORD Actual Dep 2221 Arr 2314 (not sure if this is a gate time)
Seems like exactly 4 hours at this point...
Any advice appreciated. Thanks!
Hi, wondering if someone with more experience/info might be able to tell me if the delays yesterday might be eligible for EU261. This will be the first time claiming:-
Original Flight Times:
BA93 LHR-YYZ Dep 1310 Arr 15:55
AA3623 YYZ-ORD Dep 1821 Arr 1914
Actual:
BA93 LHR-YYZ Dep 1552 Arr 1833
AC515 YYZ-ORD Actual Dep 2221 Arr 2314 (not sure if this is a gate time)
Seems like exactly 4 hours at this point...
Any advice appreciated. Thanks!
Jul 11, 2017, 8:43 am
#1028
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,726
That should be OK for the 3 to 4 hour 300€ compensation, since it was BA on the longhaul rather than AA (who would not pay up on this one). Airlines tend not to pay up if there is a second delay caused by factors outwith their control, here the AC delay, but that's perhaps open to legal challenge.
Jul 12, 2017, 2:26 am
#1029
Join Date: Jul 2017
Posts: 3
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 Ł150 by the CAA, and if they still don't pay up then you can still go to MCOL.
Jul 12, 2017, 4:23 am
#1030
Join Date: Jun 2017
Posts: 3
Does anyone have experience about how much money i will get back for phonecalls i had to make on the basis of a delayed flight?
I was delayed for over 2 days (arrived at my Destination with 60 hours delay) due to a technical issues on the aircraft (fault at the engine detected in Las Vegas).. I called the BA Hotline and discussed with them for nearly 2 hours.. Now i got the bill from my Mobilecarrier... 173€ (nearly 200 USD) for Roaming Calls....
I bet they will not pay that high amount back?! ....
I was delayed for over 2 days (arrived at my Destination with 60 hours delay) due to a technical issues on the aircraft (fault at the engine detected in Las Vegas).. I called the BA Hotline and discussed with them for nearly 2 hours.. Now i got the bill from my Mobilecarrier... 173€ (nearly 200 USD) for Roaming Calls....
I bet they will not pay that high amount back?! ....
Jul 12, 2017, 5:41 am
#1031
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,726
There is provision in EC261 to recover communication costs, but the implication is that this is for contacting family/friends/associates to tell them you are late, rather than calling BAEC.
I have heard of cases where BA has paid for telephone calls in this sort of scenario, even though it isn't directly EC261, so by all means send the bill in if it details BA's telephone numbers. But if you have a smartphone you really should get the Skype App installed (or alternatives such as Google Talk), it would reduce that sort of bill to just a very small fraction of what you paid. As far as I can see this is a prerequisite for any traveller.
I have heard of cases where BA has paid for telephone calls in this sort of scenario, even though it isn't directly EC261, so by all means send the bill in if it details BA's telephone numbers. But if you have a smartphone you really should get the Skype App installed (or alternatives such as Google Talk), it would reduce that sort of bill to just a very small fraction of what you paid. As far as I can see this is a prerequisite for any traveller.
Jul 12, 2017, 5:57 am
#1032
Join Date: Nov 2014
Posts: 935
Just a word of caution here as this would involve having roaming data (if there is no WIFI) and some carriers require that you purchase these in blocks or pay the PAYG rate. From Japan for example three charge Ł3 per MB and skype can use 1mb per minute for calls to landlines and 3mb per minute for skype<->skype.
Jul 13, 2017, 1:58 am
#1033
Join Date: Mar 2011
Posts: 9
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.
. The regulations are clear as you can see from this EC extractvii. 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.
"I'd like to inform you that you've travelled with us from Houston to Frankfurt via London Heathrow and the distance of your journey was more than 3500km. You may be eligible for €600.00 as compensation, if your flight from Houston affected your onward journey. However, I've checked our records and can see that your journey from Houston didn't affect your onward travel to Frankfurt. Therefore, you’re entitled to €250.00 in compensation."
Jul 13, 2017, 2:12 am
#1034
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,726
Or MCOL. There are different interpretations of what the Regulation means in this context and unsurprisingly BA - and most airlines that I know of - have chosen the more restrictive view. What BA offered is in line with all such cases that I've seen. CEDR appears to have given at least one ruling which takes the more generous interpretation.
Jul 13, 2017, 3:04 am
#1035
Join Date: Mar 2011
Posts: 9
Or MCOL. There are different interpretations of what the Regulation means in this context and unsurprisingly BA - and most airlines that I know of - have chosen the more restrictive view. What BA offered is in line with all such cases that I've seen. CEDR appears to have given at least one ruling which takes the more generous interpretation.
You'd think BA would be trying harder to repair their reputation...