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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 Sep 15, 17, 1:36 pm
  #1396  
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OK, it's not BA, but allow me access to to this thread's expertise!

I find myself in São Tomé.

Getting here entailed an overnight connection in Lisbon (LIS TMS departs at 10am). The MAN LIS flight was delayed by over three hours, a midnight arrival mangling my overnight arrangements (the airline forgot to book stopover hotel: well done TAP!).

Forgetting about the reasons for the delay, does delay to a first leg carry any liability in terms of Reg 261. Logically I'd grudgingly admit it shouldn't, as the overnight buffer, and an uncharacteristically on-time departure from Lisbon, meant i arrived at the final destination fagged out, but bang on schedule.

For those interested, the Lisbon-Accra-São Tomé service is operated by a standard issue A320
The overnight return is going to be interesting ...
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Old Sep 15, 17, 1:45 pm
  #1397  
 
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I'd say you don't qualify as you arrived at your ultimate ticketed destination on time.

BTW is providing an over night room part of the TAP service? Usually airlines say it's up to the passenger to book their own room.
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Old Sep 15, 17, 1:45 pm
  #1398  
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Originally Posted by IAN-UK View Post
I find myself in São Tomé.
As one does. I hope you are enjoying the amazing colonial Portuguese architecture in probably the safest and quietest town in Africa.

No, is the short answer, if you mean Article 7 compensation. It's all on the arrival time, and if that was on time then they can screw up the previous legs to their hearts' content. One advantage of separate tickets I suppose. However Right to Care is based on departure time, so they can't wriggle out of paying that.

Next up (and this is really going to happen): Shannon to Toronto on a Boeing 737.
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Old Sep 15, 17, 2:32 pm
  #1399  
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Originally Posted by UKtravelbear View Post

BTW is providing an over night room part of the TAP service? Usually airlines say it's up to the passenger to book their own room.

Like many airlines trying to build on their hubbiness, TAP offers hotel accommodation where it's essential to transfers to/from their long-hauls. Brussels Airlines does the same thing, and I'm sure a number of other carriers do, too. Sitting on the edge of Europe, many major European cities are 2-4 hours' away from LIS, so same day connections to some South American and African destinations can be difficult.


They might be choosy in terms of ticket type (as is SN), but they certainly do it. They operate a different stopover option for people wanting to see Lisbon for a day.

It's just they screwed up in my case. With months to book the hotel they left it to two-weeks before, by which time a bunch of medics in conference mode seem to have grabbed all hotel rooms left from the tourism madness that has hit the city.

My back-packing, sleeping at airport, days are over, so I made my own arrangements. Not sure what I'd have done if I didn't have contacts/resources, and not at all sure what TAP expected me to do.





Originally Posted by corporate-wage-slave View Post
I hope you are enjoying the amazing colonial Portuguese architecture in probably the safest and quietest town in Africa.
It's a delightful, tiny, capital and a dramatically beautiful island. The people are an absolute joy. But keep it quiet!!!
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Old Sep 15, 17, 2:42 pm
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That's interesting to know. Migt make people think of switching to TAP - assuming their in flight product is any good of course
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Old Sep 15, 17, 2:52 pm
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Originally Posted by UKtravelbear View Post
That's interesting to know. Migt make people think of switching to TAP - assuming their in flight product is any good of course
I guess that's their thinking. If they want to lure (say) Manchester folk from the BA-LHR connection on their way to Rio, they have to offer something...

Within Europe they're just another airline in terms of "product". Long-haul is OK, but a bit of a mix. Their selling point is a niche bag of destinations in Africa and Brasil: try getting to, say, Bissau (or São Tomé!) any other way than through Lisbon.
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Old Sep 15, 17, 3:24 pm
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Originally Posted by corporate-wage-slave View Post
If it was the same route (DFW) I'm of the view that it is not industrial action since to the best of my knowledge no DFW rostered flight crew have been on strike. The precise wording of EC261 talks about reasonable steps to avoid disruption, and for the flight in case that doesn't apply, particularly if you were not scheduled on a near exactly timed AA flight (or other carrier, of which there are many). If my logic is correct then this is before we get to the CAA's own definitions mentioned above.

My original reply to AbileneBound01 is here:

URL removed as I can't post it (or repost it...)

Welcome nevertheless Mattt1, welcome to the BA board here on Flyertalk. I hope you resolve this quickly and that you will continue to be active in this forum.
My case was Riyadh, which again is not a Mixed Fleet route as far as I can tell.

It was cancelled on a Thursday afternoon for a Monday morning flight.

I also chose to fly on the 24hr earlier flight (due to meetings) rather than 24hrs later - so am only eligible for 300 rather than 600 Eur unfortunately.

I did genuinely incur additional costs in the form of extra hotel night and board - so don't think my claim is unreasonable.
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Old Sep 19, 17, 11:55 am
  #1403  
 
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I submitted a Letter before Action to BA but have had no response at all (I gave them 14 days in the letter) - is this typical or does it indicate they are going to resist ?

Also if I now proceed to MCOL and I am successful, will I get the court fee back as well as the claim ?

Thanks
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Old Sep 19, 17, 12:02 pm
  #1404  
 
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@petez

When did you send it so how long have you been waiting of the 14 days?

Also I'd give them 14 working days. rather than collendar days (makes you look more reasonable) (not sure if MCOL specifies working days) I'd imagine a response on day 12 or 13.
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Old Sep 19, 17, 1:49 pm
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Originally Posted by UKtravelbear View Post
@petez

When did you send it so how long have you been waiting of the 14 days?
14 days was up yesterday
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Old Sep 19, 17, 2:02 pm
  #1406  
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It's not unusual not to hear anything back during this period. Upthread I recommended 16 days, based on some Law Commission suggestions in this area, which was based on 14 days, but 16 days gets around issues such as whether you count the first and / or last day. I don't think it much matters, you've set a deadline, and now I think you should operate on it. You are also OK to move to MCOL since BA have an ability to stop the proceedings with very little cost to themselves if they react quickly. So tomorrow I'd go ahead with MCOL. If you had CEDR in mind, then that is more complex, since they require 8 weeks to elapse from the date of the first complaint, or a deadlock letter.
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Old Sep 20, 17, 10:24 am
  #1407  
 
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Is there a way to search on the "door open" arrival time of a flight?

BA55 15th Sept. thanks
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Old Sep 20, 17, 10:27 am
  #1408  
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Originally Posted by oxtailsoup View Post
Is there a way to search on the "door open" arrival time of a flight?

BA55 15th Sept. thanks
I don't know, but surely at JNB there must be a presumption that it takes longer than 3 minutes?!
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Old Sep 20, 17, 10:34 am
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Originally Posted by Globaliser View Post
I don't know, but surely at JNB there must be a presumption that it takes longer than 3 minutes?!
Indeed! . ... and I know it took longer... but BA are only offering 50% compo as they say it wasn't four hours delayed.
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Old Sep 20, 17, 1:30 pm
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I am preparing MCOL but then saw previous posts that say that you should use the paper form if there are two claimants (which is the case)

I have a preference for using MCOL so will it be ok to submit two separate MCOL's given that the Letter before Action was a joint letter or should we start again with two separate letters ? (The respective fees for the paper system - as its x2 - are nearly the same as using two single MCOL)

Thanks
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