The 2017 BA compensation thread: Your guide to Regulation EC261/2004
May 6, 2017, 2:28 am
#451
Join Date: Feb 2016
Location: Scotland
Posts: 8
Parents flew BA econ LHR-SIN in Jan. Flight arrived just over 3 hrs late due to technical reason with plane on preceding route. No brainer EU 261 claim. BA accepted arrival was >3 hrs, but EU claim rejected because "it took less than 3 hrs to make repair". Back and forth numerous emails - rejecting claim. Last email to BA was "is this your final response prior to taking matter to CAA albitration". BA have just offered the full EU compensation. When dealing with BA they adopt a war of attrition even on no brainer claims. Don't give up.
May 6, 2017, 2:33 am
#452
Ambassador: Emirates Airlines
Join Date: Sep 2004
Location: Manchester, UK
Posts: 18,600
Parents flew BA econ LHR-SIN in Jan. Flight arrived just over 3 hrs late due to technical reason with plane on preceding route. No brainer EU 261 claim. BA accepted arrival was >3 hrs, but EU claim rejected because "it took less than 3 hrs to make repair". Back and forth numerous emails - rejecting claim. Last email to BA was "is this your final response prior to taking matter to CAA albitration". BA have just offered the full EU compensation. When dealing with BA they adopt a war of attrition even on no brainer claims. Don't give up.
May 6, 2017, 4:08 am
#453
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Parents flew BA econ LHR-SIN in Jan. Flight arrived just over 3 hrs late due to technical reason with plane on preceding route. No brainer EU 261 claim. BA accepted arrival was >3 hrs, but EU claim rejected because "it took less than 3 hrs to make repair". Back and forth numerous emails - rejecting claim. Last email to BA was "is this your final response prior to taking matter to CAA albitration". BA have just offered the full EU compensation. When dealing with BA they adopt a war of attrition even on no brainer claims. Don't give up.
See posts 1 and following for more ... (http://www.flyertalk.com/forum/briti...61-2004-a.html)
May 6, 2017, 1:18 pm
#454
Join Date: Jan 2017
Posts: 67
I'm posting here as the flights were booked on BA tickets / numbers but outbound operated by QR. Booked from LHR - CMB recently. The flight from LHR arrived in time for the connection in Doha, however the DOH-CMB flight was delayed by over 3 hours, resulting in an arrival delay of 3 hours 30 minutes.
As it was booked as a straight (125 stock) ticket from LHR to CMB, I'm pursuing QR for €300 per passenger (based on a 3+ hour delay on a distance of more than 3,500km). We confirmed with Qatar staff that it was delayed due to a technical issue and therefore not extraordinary circumstances (every other flight departed on time...)
Now, if my connection had been missed (e.g. due to a late arrival on the LHR-DOH flight), I know this would be a clear case for compensation from looking at CAA / EU261 documents. However, I can't find anything anywhere regarding a delay on the second flight on a single ticket.
Any suggestions?
As it was booked as a straight (125 stock) ticket from LHR to CMB, I'm pursuing QR for €300 per passenger (based on a 3+ hour delay on a distance of more than 3,500km). We confirmed with Qatar staff that it was delayed due to a technical issue and therefore not extraordinary circumstances (every other flight departed on time...)
Now, if my connection had been missed (e.g. due to a late arrival on the LHR-DOH flight), I know this would be a clear case for compensation from looking at CAA / EU261 documents. However, I can't find anything anywhere regarding a delay on the second flight on a single ticket.
Any suggestions?
See the following article...
http://www.4kbw.net/news/15082016185...d-connections/
May 6, 2017, 1:53 pm
#455
Join Date: May 2017
Posts: 3
Had I arrived at my final destination more than 3 hours late then my claim for compensation would be unambiguous. But I was two and a half hours late. This would allow me to claim in the case of a cancellation but not in the case of a delay. Strange rules but there you have it.
May 6, 2017, 2:16 pm
#456
Join Date: May 2017
Posts: 3
The trouble is that the Regulation does countenance a series of flights and so defines 'final destination' but they don't say what 'cancellation' means in this context. My only hope of success in any simple sort of legal action would be if I could convince the court that I was correct (and even some respondents here are not convinced) and then that the airline did not appeal.
May 6, 2017, 2:24 pm
#457
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Had I arrived at my final destination more than 3 hours late then my claim for compensation would be unambiguous. But I was two and a half hours late. This would allow me to claim in the case of a cancellation but not in the case of a delay. Strange rules but there you have it.
It was a court decision that started compensation for delay and the court took the time limits in the existing delay / duty of care article rather than from the cancellation article.
May 7, 2017, 2:47 pm
#458
Join Date: Mar 2014
Location: London
Programs: BAEC Silver
Posts: 76
ECJ rules bird strikes are extraordinary circumstances
The ECJ has ruled that bird strikes constitute extraordinary circumstances and that therefore no compensation is payable as a result of any subsequent delay. The full ruling is in the link below - scroll to the bottom for the key points.
http://curia.europa.eu/juris/documen...rt=1&cid=80371
http://curia.europa.eu/juris/documen...rt=1&cid=80371
May 7, 2017, 4:45 pm
#459
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The ECJ has ruled that bird strikes constitute extraordinary circumstances and that therefore no compensation is payable as a result of any subsequent delay. The full ruling is in the link below - scroll to the bottom for the key points.
http://curia.europa.eu/juris/documen...rt=1&cid=80371
http://curia.europa.eu/juris/documen...rt=1&cid=80371
Article 5(3) of Regulation No 261/2004, read in the light of recital 14 thereof, must be interpreted as meaning that, in the event of a delay to a flight equal to or in excess of three hours in arrival caused not only by extraordinary circumstances, which could not have been avoided by measures appropriate to the situation and which were subject to all reasonable measures by the air carrier to avoid the consequences thereof, but also in other circumstances not in that category, the delay caused by the first event must be deducted from the total length of the delay in arrival of the flight concerned in order to assess whether compensation for the delay in arrival of that flight must be paid as provided for in Article 7 of that regulation.
A bird strike in itself is therefore not carte blance for the airline to deny compensation if the airlines actions in dealing with it extend the delay so that excluding the time taken to resolve the bird strike the delay otherwise qualifies for compensation.
May 8, 2017, 7:01 am
#460
Join Date: Jul 2013
Posts: 812
The last sentence does however distinguish between the extraordinary circumstance iteself and how the airline deals with it
(my underlining)
A bird strike in itself is therefore not carte blance for the airline to deny compensation if the airlines actions in dealing with it extend the delay so that excluding the time taken to resolve the bird strike the delay otherwise qualifies for compensation.
(my underlining)
A bird strike in itself is therefore not carte blance for the airline to deny compensation if the airlines actions in dealing with it extend the delay so that excluding the time taken to resolve the bird strike the delay otherwise qualifies for compensation.
Last edited by paul00; May 8, 2017 at 7:11 am Reason: typo
May 8, 2017, 10:16 am
#461
Join Date: May 2013
Location: MAD
Programs: IB+, BAEC
Posts: 3,105
I just got back from my trip but I got caught up with a mess with BA459 on 29APR where there was a problem with the tire and it made Mrs. LC and I miss our connection to LAX. We ended up flying via MEX and getting there the next morning but was just wondering if anyone else was on that flight and was able to claim?
May 9, 2017, 5:49 am
#462
Join Date: Dec 2009
Location: PHL
Programs: BA AA
Posts: 3
Eu261 & ba66 17/4 phl-lhr
BA66 was delayed over 24 hours on April 17 due to what the pilot announced was an electrical surge that fried a piece of navigation equipment. Requested EU261 compensation and have been advised that our claim was denied due to 'aircraft damage which wasn't caused by us'. Also advised no reimbursement for pre booked hotel expenses. Not even any Avios as goodwill gesture. Are they correct?
May 9, 2017, 5:51 am
#463
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Absolutely not correct - have a look at the main thread and hopefully you will see some previous examples / evidence of similar situations
http://www.flyertalk.com/forum/briti...61-2004-a.html
Don't give up on this one !
http://www.flyertalk.com/forum/briti...61-2004-a.html
Don't give up on this one !
May 9, 2017, 5:54 am
#464
Join Date: Jan 2016
Location: LHR/ATH
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BA66 was delayed over 24 hours on April 17 due to what the pilot announced was an electrical surge that fried a piece of navigation equipment. Requested EU261 compensation and have been advised that our claim was denied due to 'aircraft damage which wasn't caused by us'. Also advised no reimbursement for pre booked hotel expenses. Not even any Avios as goodwill gesture. Are they correct?
1. 600 EUR
2. They cannot reimburse your pre booked expenses.
3. Don't bother with avios
So chase them until they give you 600 EUR! This is very common with BA from what I see on the forum, they almost always reject the first time you ask for EU 261, only to back down and then give it when it is obvious they are wrong.
May 11, 2017, 12:26 am
#465
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BA66 was delayed over 24 hours on April 17 due to what the pilot announced was an electrical surge that fried a piece of navigation equipment. Requested EU261 compensation and have been advised that our claim was denied due to 'aircraft damage which wasn't caused by us'. Also advised no reimbursement for pre booked hotel expenses. Not even any Avios as goodwill gesture. Are they correct?