The 2017 BA compensation thread: Your guide to Regulation EC261/2004
Aug 31, 2017, 4:46 am
#1306
Join Date: Jan 2016
Location: Edinburgh
Programs: BA Gold, Flyblue
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Aug 31, 2017, 5:11 am
#1307
Join Date: Aug 2017
Programs: Avios, BA Exec Club
Posts: 2
Indeed. Update - I just had a 'robust' conversation with Customer Relations. After a few mins on hold they agreed to pay the comp 
The fact that I had to call and not take no for an answer is really rather irritating, but I guess that's the way of things these days.
The Customer Relations agent was fantastic btw.
The fact that I had to call and not take no for an answer is really rather irritating, but I guess that's the way of things these days.
The Customer Relations agent was fantastic btw.
I'm now on hold waiting for BA Customer Services to answer my call. I'll let you know how I get on.
Aug 31, 2017, 9:47 am
#1308
Join Date: Aug 2017
Programs: Avios, BA Exec Club
Posts: 2
Having spent two hours on the phone to BA this afternoon (an hour and a half of that 'on hold'), I've been refunded the Ł equivalent of 400 euros each for my and my husband's flights home from Heraklion on 1st July (flight no: BA 2553).
BA told me that the previous decision not to pay compensation has been 'over turned'.
BA told me that the previous decision not to pay compensation has been 'over turned'.
Aug 31, 2017, 10:36 am
#1309
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You can see if there are any cheaper/more appealing options to SEA now, maybe taking advantage of the sale launched today?
Aug 31, 2017, 8:55 pm
#1310
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some of us did. i cannot find OLCI proof for myself otherwise.
surely you mean a "reservation with a ticket number, not a boarding pass, right?
response bolded above
ya but when BA states the checkin cut-off being 60 minutes, you cannot look into this rule on regulation and says you should be checked in at T-45 mins.
and the BA LCY service clearly says the cut-off is 20 minutes?
To answer this fairly generally, you can claim IDB if you presented yourself by the required timings (and for LCY you appear to have done this) and had a ticket for the flight in question.
Now I think it is somewhat unlikely that BA will roll over on this one, they don't readily agree to IDB cases at the best of times. So you may need to think in terms of getting a Statement of Truththis would (just) be my case presented but with the legal backing of a lawyer or some public notary of some sort depending on the legal system, right?, naming the staff member concerned i "only" have the counter number - i guess its a reasonable substitute?, bearing in mind BA will have its computer records and could ask the staff member for their version of events. When there is divergence in timings then only a judge can decide the on the balance of probability.
However I have a sneaky feeling that anyone turning up at a fairly large international airport 23 minutes before departure is going to have quite a task on their hands here. The Regulation was intended to protect consumers interests, but the Regulations own default timeline - if nothing was stated - of 45 minutes.
and the BA LCY service clearly says the cut-off is 20 minutes?
Sep 1, 2017, 12:20 am
#1311
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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A Statement of Truth could be notorised but at MCOL level a written affirmation plus whatever proof you have will probably suffice. For MCOL you don't need a lawyer, but you do need to do your research and preparation. Legal fees are not recoverable. For CEDR you can't use a lawyer.
The OLCI is relevant here since if you had done that then it was just baggage check that you needed to do, which strengthens your position. You are quite correct about the 20 minute rule, but a judge may well take the view that having left it to the very last moment then you're beyond the help of a Regulation which was not intended to allow you to skid to the desk with seconds to spare, but was intended to protect customers from the often ruthless business practices of airlines. The reason this is relevant is I can see this boiling down to a statement from you saying you were on time, a statement from BA saying you were not, and the judge having to reconcile that.
The OLCI is relevant here since if you had done that then it was just baggage check that you needed to do, which strengthens your position. You are quite correct about the 20 minute rule, but a judge may well take the view that having left it to the very last moment then you're beyond the help of a Regulation which was not intended to allow you to skid to the desk with seconds to spare, but was intended to protect customers from the often ruthless business practices of airlines. The reason this is relevant is I can see this boiling down to a statement from you saying you were on time, a statement from BA saying you were not, and the judge having to reconcile that.
Sep 1, 2017, 9:36 am
#1312
Join Date: Aug 2017
Posts: 1
Just received a reply from customer relations rejecting a recent claim for EU Comp (HER > LGW in CW on 1st July). I'm usually pretty relaxed out these kind of things, but in this instance I'm raging!
I'd appreciate some opinions about how to pursue this further. It seems like a blatant attempt to dodge an entirely legitimate claim
Here's their explanation:
I understand you're requesting EU compensation as your flight was delayed for over three hours. Unfortunately, your claim’s been refused in this instance. Please let me explain our position.
Whenever a flight is delayed and we're assessing a claim for EU compensation, a minimum of 180 minutes of the cause of delay needs to be in our control as an airline. Flight BA2553 on 01 July 2017 was delayed for 164 minutes due to a technical issue but the additional 35 minute delay was caused by a late Air Traffic Control slot on the inbound flight. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation. I know this isn't the answer you were hoping for and I'm sorry to disappoint you further.
So they appear to be blaming the arrival time exceeding 3hrs on Greek ATC.
I did however record exact timings on the day as follows:
Scheduled Departure from HER: 18:20
Boarding announcement: 21:10 (2hrs 50 mins after scheduled dep)
Doors closed: 21:33
Taxiing began: 21:55 (ATC delay 22 mins?)
Scheduled arrival at LGW: 20:25
At gate: 23:52
Doors opened: 23:54
Apart from anything else, are they really able to split the causes of the delay across two factors?? The primary cause of the delay was a tech issue with the plane. The ATC delay could just have easily been due to the missed slot. Who's to say?
I'd appreciate some opinions about how to pursue this further. It seems like a blatant attempt to dodge an entirely legitimate claim
Here's their explanation:
I understand you're requesting EU compensation as your flight was delayed for over three hours. Unfortunately, your claim’s been refused in this instance. Please let me explain our position.
Whenever a flight is delayed and we're assessing a claim for EU compensation, a minimum of 180 minutes of the cause of delay needs to be in our control as an airline. Flight BA2553 on 01 July 2017 was delayed for 164 minutes due to a technical issue but the additional 35 minute delay was caused by a late Air Traffic Control slot on the inbound flight. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation. I know this isn't the answer you were hoping for and I'm sorry to disappoint you further.
So they appear to be blaming the arrival time exceeding 3hrs on Greek ATC.
I did however record exact timings on the day as follows:
Scheduled Departure from HER: 18:20
Boarding announcement: 21:10 (2hrs 50 mins after scheduled dep)
Doors closed: 21:33
Taxiing began: 21:55 (ATC delay 22 mins?)
Scheduled arrival at LGW: 20:25
At gate: 23:52
Doors opened: 23:54
Apart from anything else, are they really able to split the causes of the delay across two factors?? The primary cause of the delay was a tech issue with the plane. The ATC delay could just have easily been due to the missed slot. Who's to say?
Today I struck gold and managed to speak to a representative who was very pleasant. So thanks dca100, your records and the fact that I was able to say that I knew others had been paid out helped the conversation move to a good conclusion. The representative checked the records and stated that the team that review the causes for delay had reversed their decision on this flight and compensation was due to us, 400 euros each. This goes some way to make up for what was a miserable return flight, with no food available on the plane and BA did not offering any vouchers for food at the airport.
Thanks again dca100, if I had not found your post I might have given up after the second knock back. Morale of the story, don’t give up, keep on asking
Sep 2, 2017, 2:16 am
#1313
Join Date: Jun 2017
Programs: BAEC Silver
Posts: 63
Quick update to my case. After hearing back nothing at all from the 27/5/2017 fiasco after two months - despite escalating to both head of customer relations and the CEO himself, I grew frustrated and escalated on Twitter on a BA tweet. I had a response that day and after a conversation by DM, the agent was very understanding and helpful, and I had the money in my account within 5 days.
If you haven't heard back then I recommend you go to Twitter, as they do get things done.
If you haven't heard back then I recommend you go to Twitter, as they do get things done.
Sep 3, 2017, 11:33 am
#1314
Join Date: Oct 2014
Programs: BAEC Gold
Posts: 168
Not sure on this one, asking for a friend. To clarify, this was an AA prime flight but it's way faster to get answers here and is relevant to the topic I think.
He was booked on AA735 on 20th August, which was supposed to be MAN - PHL - LAS as a single flight number.
Flight times should have been as follows:
MAN - PHL
Depart: 10:50
Arrive: 13:25 (actually landed 15:12)
PHL - LAS
Depart: 16:10
Arrive: 18:28
The first flight delay was due to a problem loading the luggage. Due to the delay, they missed the PHL - LAS flight and instead were put on AA699 which was:
PHL - LAS
Depart: 20:40
Arrive: 22:58
All of these times are grabbed from flightradar24
So as far as I'm concerned, he landed over 4 hours later than he should have done into LAS, and this was caused by a delay on the MAN - PHL which departed from the EU. But because it's AA, and the second flight was connecting within the US... is he owed anything here?
He was booked on AA735 on 20th August, which was supposed to be MAN - PHL - LAS as a single flight number.
Flight times should have been as follows:
MAN - PHL
Depart: 10:50
Arrive: 13:25 (actually landed 15:12)
PHL - LAS
Depart: 16:10
Arrive: 18:28
The first flight delay was due to a problem loading the luggage. Due to the delay, they missed the PHL - LAS flight and instead were put on AA699 which was:
PHL - LAS
Depart: 20:40
Arrive: 22:58
All of these times are grabbed from flightradar24
So as far as I'm concerned, he landed over 4 hours later than he should have done into LAS, and this was caused by a delay on the MAN - PHL which departed from the EU. But because it's AA, and the second flight was connecting within the US... is he owed anything here?
Sep 3, 2017, 11:55 am
#1315
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I'd say yes, legally most likely yes, AA would say no unfortunately as that's their stance on US connections.
Sep 3, 2017, 12:33 pm
#1317
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Sep 3, 2017, 12:37 pm
#1318
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Sep 3, 2017, 2:39 pm
#1320
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