dca100

Just received a reply from customer relations rejecting a recent claim for EU Comp (HER > LGW in CW on 1st July). I'm usually pretty relaxed out these kind of things, but in this instance I'm raging!

I'd appreciate some opinions about how to pursue this further. It seems like a blatant attempt to dodge an entirely legitimate claim

Here's their explanation:

I understand you're requesting EU compensation as your flight was delayed for over three hours. Unfortunately, your claim’s been refused in this instance. Please let me explain our position.

Whenever a flight is delayed and we're assessing a claim for EU compensation, a minimum of 180 minutes of the cause of delay needs to be in our control as an airline. Flight BA2553 on 01 July 2017 was delayed for 164 minutes due to a technical issue but the additional 35 minute delay was caused by a late Air Traffic Control slot on the inbound flight. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation. I know this isn't the answer you were hoping for and I'm sorry to disappoint you further.


So they appear to be blaming the arrival time exceeding 3hrs on Greek ATC.

I did however record exact timings on the day as follows:
Scheduled Departure from HER: 18:20
Boarding announcement: 21:10 (2hrs 50 mins after scheduled dep)
Doors closed: 21:33
Taxiing began: 21:55 (ATC delay 22 mins?)

Scheduled arrival at LGW: 20:25
At gate: 23:52
Doors opened: 23:54

Apart from anything else, are they really able to split the causes of the delay across two factors?? The primary cause of the delay was a tech issue with the plane. The ATC delay could just have easily been due to the missed slot. Who's to say?

armouredant

I can't imagine them arguing this very convincingly; the ATC delay is a knock-on effect of the tech delay. I'd pursue it, don't take no for an answer.

dca100

Indeed. Update - I just had a 'robust' conversation with Customer Relations. After a few mins on hold they agreed to pay the comp

The fact that I had to call and not take no for an answer is really rather irritating, but I guess that's the way of things these days.

The Customer Relations agent was fantastic btw.

kaka

Since November I've been hacking this case (December really - I applied after getting the money for the original cxn)

They are still saying it's the same journey so I'm really just hitting a wall. Assuming I'm taking them to CEDR now (and failing which may do MCOL), will i need them to issue a final offer? Or since 8 weeks' passed since application I can just do CEDR?

Thanks...

corporate-wage-slave

For CEDR you're probably OK to go there now given the passage of time. However I can see merit in doing a final "16 days to pay X€" letter, since if you do decide to go MCOL then it ticks an important box. If you have been hammering away at this since for this many months then I guess another 2 weeks won't make much difference. I'm surprised you have not had a final communication from BA worded along the lines of "our answer will not change".

kaka

can my final offer be in parallel with cedr?

corporate-wage-slave

Yes, I guess so. CEDR has a backlog at the moment anyway.

memorex

Hello all. I'm just looking for some advice with regards to the first EU261 claim I've been involved in. Many thanks to all of those involved in the Wiki as it's an incredibly valuable source of information.

My wife and her friend were on BA 2716 on 13th Jul '17, which arrived at Gatwick over 3 hours late. The flight was operated by G-GATK. On the same day the plane operated:

BA2616 LGW - CAG - Dep 5min E, Arr 12min E
BA2617 CAG - LGW - Dep On Time, Arr 3hr 18min L
BA2716 LGW - AGP - Dep 3hr 18min L, Arr 3hr 20min L
BA2717 AGP - LGW - Dep 3hr 32min L, Arr 3hr 19min LObviously, the delay occurred on BA2617, and left 2716 & 2717 both delayed by late inbound aircrafts.

Prior to departure from AGP, the Captain apologised to the passengers on 2717 for the delay, and stated that this was caused by a 'technical fault' in Sardinia (CAG).

I submitted an EU261 claim upon their return, and BA have today replied stating that:

I'd like some advice on where we stand on this; is there any point in pursuing it back through CR and then further if we don't get anywhere?
From my view, not only was the direct reason for the delay of 2717 a late inbound aircraft, but there is a dispute over the origin of the delay which caused that knock-on affect, with the pilot having told passengers a different story.

Is this a lost cause, as BA have decided that EU261 isn't payable, or is it worth pushing?

Many thanks for your time and advice.

vbroucek

First of all, you should get your facts correct. To help you, here is how the G-GATK was really flying that day...

memorex

Thank you. Unfortunately I don't have access to FlightRadar information prior to 17th July as I don't have a paid subscription. I do have the times from FlightAware, as I mentioned in my original post, because they go far back enough without paying a fee.

So it appears that the data which I have used from FA which is not correct, when compared to your data from FR, is the departure time of BA2617 from CAG, shown as 3hrs 24mins late on FR.

Other than that, the timings of the delayed flights do seem similar, so the situation remains largely the same in terms of to which service the initial delay occurred - (other than your kindly provided FR data reinforcing that the delay at CAG occurred on the ground).
If I have missed anything else, please point it out to me, as evidently this is the first time I've had to look into this sort of issue.

I would remain grateful for any advice regarding the potential for an EU261 claim in this scenario.

Thanks again.

markle

Due to be flying on BA458 tomorrow, which has been cancelled (unspecified reason)

Alternative flight offered gets me in too late, so I'm having to get a flight out tonight.

Will BA cough up for the hotel, or is that wishful thinking?

corporate-wage-slave

I suspect it probably is wishful thinking, but maybe you should try anyway.

The basis of EC261 is that you arrive late and therefore you should be properly looked after, in terms of hotels, food, rebooking. If you decide to go earlier then though the Regulation doesn't specifically rule it in or out, the actual phrase is "where a stay of one or more nights becomes necessary". Now necessary to whom? In terms of the service initially rebooked by BA then presumably it is not necessary. In terms of your other plans, and the reason for travel, maybe it is necessary. If there is a conflict between what the airline wants and what the passenger wants, the Regulation has a clear and deliberate bias in favour of the consumer.

The other argument is that you have rebooked the travel and in doing so you have reset the trip, its timings and so on. So it's over to you to rebook accommodation.

So in other words, though I have my doubts, it may be you have an arguable case.

KARFA

In terms of a reason, EF has the code "INDN" which seems to be what is shown if it is due to the industrial action.

baITcomp

I just received notice of my compensation for the IT crash, and everything is peaches and gravy except for this 200 GBP per night hotel cap.

Thing is, I was trapped in London for *two* nights and only got a hotel for *one* because the first night it would have been outrageously expensive. I just roughed it at the airport.

It was, however, still 255 GBP for the second night, and they aren't paying the 55.

This is despite the fact that this amount is really a cost for two nights' worth, and the demand for hotels made the prices much much much much higher than 200 GBP right after the crash. (Indeed, I asked the information desk for the cheapest hotel they could give me that second night, and it was 255. The day before people were quoted prices of 300-400+ for really crappy places, and I went with the safe side of that risk versus reward versus inconvenience calculation.)

Is there any legal basis in this policy? Do I have any recourse? They are currently telling me where I can shove my claim for the 55 GBP, in as polite a way as possible.

Thanks,
Ben (disgruntled BA customer)

UKtravelbear

There is no limit mentioned in the regulation it is BA policy to apply a limit.

The regulation actually states "...passengers should be offered free of charge" (Article 9 Point 1)

You could try the CEDR arbitration service or take them to court via MCOL.