The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Sep 4, 2017, 10:52 am
#1351
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my CEDR in early Aug took 20 days for BA to agree to pay up. and 8 more days for money to arrive into my HKG account. fwiw. they do have deadlines to meet since day 1 after i submit.
Sep 4, 2017, 11:20 am
#1352
Join Date: Jan 2017
Posts: 67
You can do this in a single claim so far as MCOL is concerned - just make sure the Letter before Action to the airline clearly states who the claim is being made for, and sets out the calculation and total amount to be claimed. You can then do a single MCOL transaction. For a 1200 Euro claim, converted to GBP, the cost should be £70.
Some judges will accept MCOL with more than one claimant, but sometimes the airline will ask for the additional claimants to be struck off.
Why the online and paper versions should be different is anybody's guess, it just causes confusion.
Sep 4, 2017, 11:41 am
#1353
Ambassador, British Airways Executive Club, easyJet and Ryanair
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Please check this carefully as I believe that the online N1 form is only for one claimant, the paper version needs to be used for two or more claimants.
Some judges will accept MCOL with more than one claimant, but sometimes the airline will ask for the additional claimants to be struck off.
Why the online and paper versions should be different is anybody's guess, it just causes confusion.
Some judges will accept MCOL with more than one claimant, but sometimes the airline will ask for the additional claimants to be struck off.
Why the online and paper versions should be different is anybody's guess, it just causes confusion.
Sep 4, 2017, 11:51 am
#1354
Join Date: Jan 2017
Posts: 67
As a follow on from the above BA have once again responded refusing the claim but this time they have changed the reason for the delay from ATC. They state:
They in no part mention this being an exceptional circumstance, but I note the conflicting use of 'damage' and 'fault'. I'd be grateful for any opinions on whether this is eligible for compensation, as I am under the impression that technical faults are indeed covered, and, if so, would appreciate advice on whether it is best to continue with BACS or continue to CEDR/MCOL. Many thanks.
They in no part mention this being an exceptional circumstance, but I note the conflicting use of 'damage' and 'fault'. I'd be grateful for any opinions on whether this is eligible for compensation, as I am under the impression that technical faults are indeed covered, and, if so, would appreciate advice on whether it is best to continue with BACS or continue to CEDR/MCOL. Many thanks.
If BA do state that the claim is refused due to 'extraordinary circumstances' they must then prove what happened and how this is considered an EC. You do not have to prove that it isn't an EC, the ball is firmly in BA's court.
The only way BA can avoid compensation payments is by claiming EC, if they don't then compensation is payable.
IMO, FWIW, this is not an EC.
I would contact BA and ask for a deadlock letter and to then refer your claim to CEDR.
Last edited by Tyzap; Sep 5, 2017 at 5:55 am Reason: Typo
Sep 4, 2017, 2:06 pm
#1355
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Slightly OT but I think relevant to how other airlines deal with claims. Flew EasyJet Gatwick to Glasgow on Thu with a 3.40 delay (caused by technical issues), claimed on Fri and received confirmation that claim is valid today.
Compare to when a BA flight to Glasgow from Heathrow was cancelled for operational reasons (crew out of time) and BA used numerous excuses before finally paying up.
Compare to when a BA flight to Glasgow from Heathrow was cancelled for operational reasons (crew out of time) and BA used numerous excuses before finally paying up.
Last edited by cme17; Sep 4, 2017 at 2:08 pm Reason: Route clarification
Sep 5, 2017, 2:19 pm
#1356
Moderator: British Airways Executive Club, Marriott Bonvoy
Join Date: May 2006
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Downgrade compensation
Just a suggestion for inclusion into post #5 :
In the case of a simple out-and-back £300 CE return, where the price of the outbound was £200, and the return £100, what is the 'price' used to determine compensation due when the outbound is downgraded ?
In the case of a simple out-and-back £300 CE return, where the price of the outbound was £200, and the return £100, what is the 'price' used to determine compensation due when the outbound is downgraded ?
Sep 5, 2017, 2:24 pm
#1357
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Thanks, I will look into that, but my first reaction would be that the start point is £200 rather than £150, since the fare construction on shorthaul is generally built up from the separate legs.
Sep 7, 2017, 8:04 am
#1358
Join Date: Sep 2017
Posts: 4
Hello - I am new to EU claiming and considering making a direct claim to BA rather than using an agency. Can someone advise me on the form I need to use or whether I have to go through the travel agent. The flight was a cancellation from Sierra Leone to London in 2012. Thanks
Sep 7, 2017, 8:09 am
#1359
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Welcome to Flyertalk and welcome to the BA forum suibhne1, it's good to see you here, and I hope we will see you elsewhere in this friendly bulletin board.
It should be online in the Information/Customer service/Delayed or Cancelled Flights area of BA.com. Otherwise just follow the steps shown at the top of this thread, which will hopefully guide you through the process. You normally don't need to use a travel agency unless there was a cancelled or downgraded fare aspect, delays are done directly without the TA.
It should be online in the Information/Customer service/Delayed or Cancelled Flights area of BA.com. Otherwise just follow the steps shown at the top of this thread, which will hopefully guide you through the process. You normally don't need to use a travel agency unless there was a cancelled or downgraded fare aspect, delays are done directly without the TA.
Sep 7, 2017, 9:17 am
#1360
Join Date: Sep 2017
Posts: 4
Thanks so much for your reply and advice. i have accessed that form online but my problem is that my delayed flights were in 2012 and this form only accepts dates from 2014 onwards. So I cannot complete and return it . Any ideas ?
Sep 7, 2017, 9:33 am
#1361
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OK, well in that case I would raise a general customer service complaint form, so go through the questions that lead you to a blank form. Then mentioned EC261 specifically as something you are claiming for. If it also forces a 2014 date then open the blank form text area with a statement making it clear it is something from 2012.
Sep 7, 2017, 9:37 am
#1362
Join Date: Apr 2010
Posts: 538
Give as much information as you can such as flight number,date and ticket number .
Sep 7, 2017, 11:29 am
#1363
Join Date: Sep 2017
Posts: 4
Thanks for the advice. I used the form and put in a 2014 date so that it would send. however I explained in the comments box the exact 2012 dates of the flights I wish to claim for and referenced EC261
Sep 7, 2017, 11:39 am
#1364
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Sep 7, 2017, 1:44 pm
#1365
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