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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

Old Jun 11, 2017, 12:56 pm
  #841  
 
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Originally Posted by Dr Dave
I have just received the Ł218 compensation cheque for the disruption for my flight back from Bucharest on the day of the IT meltdown (I made it to Heathrow; my flight to Newcastle was cancelled).

It's really great to receive it. But why on earth have they made it payable to my 12 year old daughter, who was not on the trip, and has not been mentioned in the claim? She is on my household account, but that's all.

What a farce. I will be booking a business class fare from Manchester to Wellington tomorrow. I have asked my PA to cease the booking with BA; I will now travel Emirates on a Qantas flight code. I have had enough of this nonsense.
I made a complaint about no port available on BKK-LHR and they replied to my 13 year old daughter.I have since refused to complete surveys etc as they clearly dont read any of them.
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Old Jun 12, 2017, 10:18 am
  #842  
 
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help with downgrade compensation

The missus and I are booked on flights LHR-GIG-LHR. Outward leg (26/12/17) in J, return (01/01/18) in F. With the change of aircraft from a 4- to a 3-cabin model, downgraded to J on return leg. This is all part of a BA holiday, which includes hotel in Rio. In addition, we have so far only paid part of the total price.

Some questions before submitting my claim for downgrade according to EU261/2004, to check whether I've understood correctly.

(1) Obviously downgrade compensation only covers the leg for which we have actually been downgraded?

(2) Although EU261/2004 does not clearly state it, the 75% refund we are due on the leg is 75% of the base fare, exclusive of charges and taxes?

(3) Although BA dealt with the situation by cancelling the original flight in MMB, then re-booking us on a flight with the same flight number, I am sure that this is purely a matter of process and that they won’t at a later stage try to claim that we were the victims of a cancellation rather than being downgraded.

(4) I’m guessing that the compensation would simply be deducted from the outstanding amount to pay which would be simplest. Or would it not happen like that?

Thanks for any answers.
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Old Jun 12, 2017, 10:32 am
  #843  
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1) Yes
2) 75% of the base fare and of non govt/airport tax (e.g. YQ)
3) Most likely, as the flight was not cancelled to begin with (same route/date/flight number)
4) Stumped.
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Old Jun 12, 2017, 10:39 am
  #844  
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Given that you have only part paid the booking, has the ticket actually been issued yet?

If there has not been a ticket issued , then there will be no reimbursement due - in this case you should talk to BA holidays about repricing due to the change in cabin

If the ticket has been issued, then reimbursement would only become due after the flight has been taken, so would not be deducted from the amount still owing
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Old Jun 12, 2017, 10:43 am
  #845  
 
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Thanks.

So 75% of YQ as well? (or rather 75% of 50% of YQ, since only one leg).
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Old Jun 12, 2017, 10:44 am
  #846  
 
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Originally Posted by Dave Noble
Given that you have only part paid the booking, has the ticket actually been issued yet?

If there has not been a ticket issued , then there will be no reimbursement due - in this case you should talk to BA holidays about repricing due to the change in cabin

If the ticket has been issued, then reimbursement would only become due after the flight has been taken, so would not be deducted from the amount still owing
Ticket has been issued as far as I can tell (or at least there's a 125-etc number that I can see, which I assume is the ticket number).
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Old Jun 12, 2017, 10:51 am
  #847  
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That 125- number would be the ticket number. Better to just deal with it when you return.

75% of YQ for that leg, technically there is no YQ ex-Brazil but BA doesn't like to admit that. I'd say it is 75% of 50% of YQ.
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Old Jun 12, 2017, 11:00 am
  #848  
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Originally Posted by BA6501
That 125- number would be the ticket number. Better to just deal with it when you return.

75% of YQ for that leg, technically there is no YQ ex-Brazil but BA doesn't like to admit that. I'd say it is 75% of 50% of YQ.
Looking at matrix, there is YQ for r/t tickets from UK to Brazil - Ł174.50 one wat and Ł349.00 return

It is only where the journey orginates from Brazil where there is no carrier surcharge

Assuming a simple non stop flight each way, should be 37.5% of the fare paid minus taxes since YQ is chsrged for each direction
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Old Jun 12, 2017, 11:00 am
  #849  
 
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Originally Posted by andrelux
The missus and I are booked on flights LHR-GIG-LHR. Outward leg (26/12/17) in J, return (01/01/18) in F. With the change of aircraft from a 4- to a 3-cabin model, downgraded to J on return leg. This is all part of a BA holiday, which includes hotel in Rio. In addition, we have so far only paid part of the total price.

Some questions before submitting my claim for downgrade according to EU261/2004, to check whether I've understood correctly.

(1) Obviously downgrade compensation only covers the leg for which we have actually been downgraded?

(2) Although EU261/2004 does not clearly state it, the 75% refund we are due on the leg is 75% of the base fare, exclusive of charges and taxes?

(3) Although BA dealt with the situation by cancelling the original flight in MMB, then re-booking us on a flight with the same flight number, I am sure that this is purely a matter of process and that they won’t at a later stage try to claim that we were the victims of a cancellation rather than being downgraded.

(4) I’m guessing that the compensation would simply be deducted from the outstanding amount to pay which would be simplest. Or would it not happen like that?

Thanks for any answers.
Does all this apply when the change is made more than two weeks prior to departure?
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Old Jun 12, 2017, 11:03 am
  #850  
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Originally Posted by gcuk
Does all this apply when the change is made more than two weeks prior to departure?
There is no time limit with downgrades, so yes
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Old Jun 12, 2017, 2:34 pm
  #851  
 
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So an update on my post above (#840) about them sending my compensation to my 12 year old daughter.

I left a message via the Gold Line last night. They wrote this morning to say that the cheque will be reissued. BUT the email was sent to my daughter (not to me) and the email said that the cheque will be reissued to her. They thanked for being a Bronze member (which she is). I am not.

So will she now get another cheque?

I have written to them to point out their error and to ask if they consider that, by informing my daughter about my travel history, they have committed a data breach. No reply so far.
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Old Jun 12, 2017, 2:56 pm
  #852  
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Originally Posted by andrelux
The missus and I are booked on flights LHR-GIG-LHR. Outward leg (26/12/17) in J, return (01/01/18) in F. With the change of aircraft from a 4- to a 3-cabin model, downgraded to J on return leg. This is all part of a BA holiday, which includes hotel in Rio. In addition, we have so far only paid part of the total price.
Traditionally when BA substitutes an aircraft without a First, they treat it as a cancellation rather than as a downgrade. I doubt you will get the 75% unless you are prepared to escalate it beyond BA and even then it's not a done deal, there have been big arguments in previous years' threads about this point.

On the other hand, because it is part of the Tour Package Regulations, you may get a sympathetic hearing in terms of not getting what you paid for. I would start with BA Holidays on the telephone first to see what they can do to remedy this.
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Old Jun 12, 2017, 3:09 pm
  #853  
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Originally Posted by Dr Dave
So an update on my post above (#840) about them sending my compensation to my 12 year old daughter.

I left a message via the Gold Line last night. They wrote this morning to say that the cheque will be reissued. BUT the email was sent to my daughter (not to me) and the email said that the cheque will be reissued to her. They thanked for being a Bronze member (which she is). I am not.

So will she now get another cheque?

I have written to them to point out their error and to ask if they consider that, by informing my daughter about my travel history, they have committed a data breach. No reply so far.
Would it not have just been easier to pay the cheque into her account and get her to give you the money
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Old Jun 12, 2017, 3:47 pm
  #854  
 
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Originally Posted by corporate-wage-slave
Traditionally when BA substitutes an aircraft without a First, they treat it as a cancellation rather than as a downgrade. I doubt you will get the 75% unless you are prepared to escalate it beyond BA and even then it's not a done deal, there have been big arguments in previous years' threads about this point.

On the other hand, because it is part of the Tour Package Regulations, you may get a sympathetic hearing in terms of not getting what you paid for. I would start with BA Holidays on the telephone first to see what they can do to remedy this.
D'you know, I kind of suspected something of the sort... in line with the kind of tricks I felt BA would resort to. Hence flight A cancelled, replaced by flight B, same flight number but 5 minutes earlier so not an **exact** substitution...

I'll take your advice and start with BA Holidays. As things stand, the total amount to be paid hasn't changed, even though the class of travel has.
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Old Jun 12, 2017, 4:02 pm
  #855  
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Originally Posted by corporate-wage-slave
Traditionally when BA substitutes an aircraft without a First, they treat it as a cancellation rather than as a downgrade. I doubt you will get the 75% unless you are prepared to escalate it beyond BA and even then it's not a done deal, there have been big arguments in previous years' threads about this point.

On the other hand, because it is part of the Tour Package Regulations, you may get a sympathetic hearing in terms of not getting what you paid for. I would start with BA Holidays on the telephone first to see what they can do to remedy this.
I somehow think that a court would not allow the airline to get away with it, given that the wording in the legislation states

If an operating air carrier places a passenger in a class lower than that for which the ticket was purchased, it shall within seven days, by the means provided for in Article 7(3) reimburse

If the person has a 1st class ticket and BA cancels the flight and rebooks, it will still be placing the passenger in a class lower than for which the ticket was purchased
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