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The 2017 BA compensation thread: Your guide to Regulation EC261/2004

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The 2017 BA compensation thread: Your guide to Regulation EC261/2004

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Old Jun 3, 2017, 1:33 pm
  #721  
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welcome to flyer talk!

as you were downgraded the reimbursement element under EU261 is pretty clear and due to the length of the flight is 75% of the sector cost - so that would be 75% of the miles and 75% of the cash (exclusing taxes and fees) for the LHR-HKG sector.

Extraordinary circumstances don't come into the downgrade element of EU261.

However if you were delayed by the requisite time in the regulation then you would have a separate EU261 claim for the delay but as you weren't delayed (you didn't mention it) then that part of EU261 dosen't apply

Though I think the fact you used avios to upgrade from CW to F may complicate the calculation. I would suggest that they should refund you the 30K you used to upgrade plus any additional cash it cost you.

Last edited by UKtravelbear; Jun 3, 2017 at 1:49 pm
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Old Jun 4, 2017, 4:15 am
  #722  
 
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Dear Tobias / CWS et al

We would be very grateful for any advice as to what my wife and I can claim from BA for our cancelled 1600h CW flight [BA0009] from T5 to BKK on Saturday, 27 May.

We checked in as normal and duly left the terminal when it became apparent that our flight was cancelled.

I booked a hotel in central London and took the tube to our overnight accommodation.

We hailed a black cab in the early morning of Sunday, 28 May, to return to T5, and whilst in the taxi I was fortunate enough to get through to the BA call centre when they opened at 0600h to re-book our flight to BKK for the corresponding BA flight that afternoon, i.e. departing 24-hours late. As it happened that was at least half an hour late departing T5.

As an aside, our baggage was shipped to an external storage facility on the Saturday so we travelled to BKK without our luggage. We received 2 x GBP 100 prepaid Mastercards on arrival at the BKK BA lost luggage counter and this has sufficiently covered our costs until we were reunited with our cases in LOS last Thursday. So no further claims will be made in this regard.

We will therefore claim for our incidentals, i.e. accommodation for the Saturday night, food, toiletries and London travel expenses.

We can obviously claim EU261 compensation of 2 x EUR 600 for the original cancellation, but can we, in addition, claim for the 24-hour late arrival to BKK?

In addition we lost a Sunday night hotel booking in BKK and an AirAsia domestic flight for the Monday morning due to the late arrival, but I won't be claiming from BA as these would appear to be consequential losses, or should we claim in the vague hope?

Many thanks in advance.

Last edited by HiSo; Jun 4, 2017 at 4:38 am
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Old Jun 4, 2017, 4:42 am
  #723  
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Originally Posted by HiSo
We can obviously claim EU261 compensation of 2 x EUR 600 for the original cancellation, but can we, in addition, claim for the 24-hour late arrival to BKK?

In addition we lost a Sunday night hotel booking in BKK and an AirAsia domestic flight for the Monday morning due to the late arrival, but I won't be claiming from BA as these would appear to be consequential losses, or should we claim in the vague hope?
The 600€ covers the cancelled flight, and with it you get a "free" rebooking (albeit 24 hours later). So I see that as just one 600€ in your scenario.

You could indeed try to claim the consequential losses but I doubt BA will pay those, you would be better looking at your insurance company for that. You could also see if BA wil pick up any excess on your insurance, again I am not optimistic.
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Old Jun 4, 2017, 8:02 am
  #724  
 
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Originally Posted by corporate-wage-slave
The 600€ covers the cancelled flight, and with it you get a "free" rebooking (albeit 24 hours later). So I see that as just one 600€ in your scenario.

You could indeed try to claim the consequential losses but I doubt BA will pay those, you would be better looking at your insurance company for that. You could also see if BA wil pick up any excess on your insurance, again I am not optimistic.
Many thanks, CWS. Just wanted to make sure we claimed for what we were due and not over, or under.

All in all, we'll do quite well out of this, strangely enough. I could say more but won't bore you all.
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Old Jun 4, 2017, 8:32 am
  #725  
 
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I've just put in for replacement business attire (quick trip to Marks and Sparks) seeing as I am now a full 7 days with no suitcase. The thing is, my bank is in the UAE so it doesn't give me the option to put in my account details. To make things easier, I wouldn't mind getting avios in liew of money but I need someone's advice regarding the value. What would you guys accept for the 600 euro 261 compensation? 60K avios?
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Old Jun 4, 2017, 9:14 am
  #726  
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Originally Posted by Dubh
. What would you guys accept for the 600 euro 261 compensation? 60K avios?
I think they do offer Avios compensation to all BAEC members, and at that level too. It's not an unreasonable amount, particularly if you are getting 2p value per Avios, but if you are mainly using Avios on hotels, car hire or reducing the cost of revenue tickets, then you are better off with cash.
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Old Jun 4, 2017, 10:34 am
  #727  
 
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I submitted two claims to BA at the same time for my Bank holiday travel. One for disruption exposes and the other for EU261 compensation. I received confirmation on the disruption expense within 48 hours, but haven't heard anything on the EU compensation. It is worth a call or am I just being impatient?
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Old Jun 4, 2017, 10:37 am
  #728  
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Originally Posted by rembrandtuk
It is worth a call or am I just being impatient?
Out of politeness, I would say it isn't worth a call just yet.....
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Old Jun 4, 2017, 12:39 pm
  #729  
 
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I put a claim in on Monday for 600 euros compensations for my wife's cancelled flight last Saturday. I also claimed for $250 unreciepted accommodation expenses. Just had an email to say both are being paid in full. I am actually impressed at how painless this was compared to previous compensation claims with BA.
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Old Jun 4, 2017, 12:40 pm
  #730  
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Danish Supreme Court landmark decision on "knock-on effect"

In this forum we have nomerous times discussed whether a carrier is able to extend the "extraordinary circumstances" exemption to subsequent flight(s), i.e. where a flight is delayed or cancelled due to e.g. wheather related delay or diversion of incoming flight.

The Danish Supreme Court rendered a landmark decision Friday on the "knock-on" effects of a SAS flight, CPH-IAD diverting to PHL due to adverse wheather conditions at IAD. The pax were claiming compensation for the delay of the same flight the following day after SAS ferried the aircraft empty to CPH (and even transferred crew to OSL to replace the crew of the incoming aircraft from the US as the crew was unable fly all the way to CPH) but nevertheless the CPH-IAD flight the following day (sheduled to operated by the same aircraft) was delayed due to the knock-on effects of the diversion in the US the day before.

As you will be aware the arguments of pax/claims agencies have always been that the carrier needs to have aircraft and crew available even at outstations and therefore the carrier is liable to pay compensation if also the subsequent flight(s) is delayed/cancelled even if the initial flight may be delayed/cancelled due to "extraordinary circumstances".

The Supreme Court reversed the decisions of the lower courts and acquitted SAS from paying EC Reg. 261/04 compensation. The Supreme Court states that it would be an "ureasonable burden on SAS to have contingency plans/equipment available for situations like this where..." [and the Supreme Court refers the particulars of the delay in question].

Unfortunately only in Danish yet, but you will find the decision here:

http://www.hoejesteret.dk/hoejestere...nts/214-16.pdf

I'm quite sure that carriers will try to rely on this decision in matters where pax of the subsequent flights are affected by a delay or cancellation of the incoming aircraft/earlier flight due to weather, ATC etc.
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Old Jun 4, 2017, 3:01 pm
  #731  
 
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I would appreciate your advice and/or confirmation.

I was due to fly on BA-operated flights from Amsterdam to San Francisco via London (purchased as codeshare with American Airlines) on 5/28. My flight from AMS to LHR was cancelled due to the IT meltdown. Luckily, I was rebooked by AA from AMS to Dallas onward to SFO with a delayed arrival of 2 hours.

Per the information in 11.2 (Cancellation), I should be receiving 300 euro in compensation due to the +2hr late arrival at a destination that is >3500km (EU to non-EU). Did I understand it correctly?
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Old Jun 4, 2017, 4:32 pm
  #732  
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Originally Posted by nesnith
Per the information in 11.2 (Cancellation), I should be receiving 300 euro in compensation due to the +2hr late arrival at a destination that is >3500km (EU to non-EU). Did I understand it correctly?
Yes, so long as you got to SFO at least 2 hours late then it's half rate until 4 hours, so indeed 300€. BA tend to look at the scheduled time, incidentally, not the actual time, if a non BA flight was used. But that's another can of worms.
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Old Jun 4, 2017, 5:46 pm
  #733  
 
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Originally Posted by corporate-wage-slave
Yes, so long as you got to SFO at least 2 hours late then it's half rate until 4 hours, so indeed 300€. BA tend to look at the scheduled time, incidentally, not the actual time, if a non BA flight was used. But that's another can of worms.
^ Thank you!
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Old Jun 4, 2017, 11:59 pm
  #734  
 
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I was caught in the 27 May disruption, and I had connecting flights, I'm trying to work out how much compensation I should correctly receive. Here are my flight details:

27 May CAI-LHR BA0154, arrived on time but stuck on taxiway/gate for about 3 hours before deplaning (I don't know the exact timings, but flightaware shows on time but I remember being in passport control around 4pm).

27 May LHR-FRA, I should have connected directly to BA0912, however this was cancelled and I was rebooked onto 29 May LHR-FRA BA0904, so arriving just a bit less than 48 hours late.

Total flight distance is more than 3500 km, but the second flight is the connecting flight and is much shorter. 600 euro or 300 or 250 - ?
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Old Jun 5, 2017, 12:47 am
  #735  
 
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Originally Posted by UAworldwide
I was caught in the 27 May disruption, and I had connecting flights, I'm trying to work out how much compensation I should correctly receive. Here are my flight details:

27 May CAI-LHR BA0154, arrived on time but stuck on taxiway/gate for about 3 hours before deplaning (I don't know the exact timings, but flightaware shows on time but I remember being in passport control around 4pm).

27 May LHR-FRA, I should have connected directly to BA0912, however this was cancelled and I was rebooked onto 29 May LHR-FRA BA0904, so arriving just a bit less than 48 hours late.

Total flight distance is more than 3500 km, but the second flight is the connecting flight and is much shorter. 600 euro or 300 or 250 - ?
Your departure to destination 2926km but 4190km if both flight distances are included however given the flight is also EU 'inter-community', so it is 400 Euros I believe, but happy to be corrected.

Last edited by navylad; Jun 5, 2017 at 12:53 am
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