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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 Sep 30, 2017, 1:50 am
  #1471  
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Originally Posted by mrow
That’s not correct, the BBC are right
Thanks for that quote, which is interesting for future reference. It's clearly an attempt to limit their financial exposure, but it also seems to me that they are mirroring BA's approach with this idea of "partner airlines" (I bet easyJet were surprised to read that!), like the JBA and oneworld relationships. Perhaps this is fair enough as a policy document, but it won't save FR from a strict reading of EC261 which make no such distinctions, it is fully biased in favour of the passengers and with no bias anywhere on keeping costs down for airlines.

I think this is a bigger issue that it looks: despite their reputation for "low fares" what always surprises me is how little the LCCs compete against each other. There aren't many routes where easyJet, Ryanair, Jet2 and Vueling compete head to head. LGW is a good example, there are just a few Ryanair flights to DUB, since this is seen as an easyJet stronghold. Therefore in many cases using legacy airlines such as BA is the only practical way forward.
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Old Sep 30, 2017, 1:58 am
  #1472  
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Originally Posted by Tobias-UK
What stage are you at?
received my final “we will not discuss any further” and now preparing my CEDR submission. PM me if you want more.
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Old Sep 30, 2017, 2:19 am
  #1473  
 
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Originally Posted by corporate-wage-slave
Thanks for that quote, which is interesting for future reference. It's clearly an attempt to limit their financial exposure, but it also seems to me that they are mirroring BA's approach with this idea of "partner airlines" (I bet easyJet were surprised to read that!), like the JBA and oneworld relationships. Perhaps this is fair enough as a policy document, but it won't save FR from a strict reading of EC261 which make no such distinctions, it is fully biased in favour of the passengers and with no bias anywhere on keeping costs down for airlines.

I think this is a bigger issue that it looks: despite their reputation for "low fares" what always surprises me is how little the LCCs compete against each other. There aren't many routes where easyJet, Ryanair, Jet2 and Vueling compete head to head. LGW is a good example, there are just a few Ryanair flights to DUB, since this is seen as an easyJet stronghold. Therefore in many cases using legacy airlines such as BA is the only practical way forward.
I agree. I thought it interesting how the document was written in the form of try 1 and if unsuccessful (based on limits defined by FR) try 2 and so on as opposed to saying that passengers could select whichever option was going to give the best result.

Clearly an attempt to limit exposure on the part of FR but I am not sure how far they’d get if challenged on it. After all, a flight on BA in 4 hours is more likely to be in the customers best interest than a flight tomorrow on FR. Would be interesting to see whether the ‘same day or next’ limits would hold water in the event that they were challenged by a passenger who was offered rebooking on a flight tomorrow on FR but refused rebooking onto BA today.
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Old Sep 30, 2017, 2:24 am
  #1474  
 
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I actually see FRs deliniation of 'comparable service' meaning other LCCs as a positive development for BA flyers.

Since BA do not consider themselves a LCC you could refuse any attempted rebook onto a LCC as not comparable since tha CAA appear to be accepting that BA aren't comparable to FR.

Perhaps the EU should update the regulation to 'comparable or better'
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Old Sep 30, 2017, 2:29 am
  #1475  
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Originally Posted by Tim_T
received my final “we will not discuss any further” and now preparing my CEDR submission. PM me if you want more.
Excellent. Do keep us informed of your progress. If CEDR doesn't go your way the county court is still open to you. Happy to give you some pointers at that stage if you like.
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Old Sep 30, 2017, 2:54 am
  #1476  
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Originally Posted by Tobias-UK
Excellent. Do keep us informed of your progress. If CEDR doesn't go your way the county court is still open to you. Happy to give you some pointers at that stage if you like.
thanks Tobias-uk, that was my thinking as well. I’ll take you up on your offer if CEDR fails.
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Old Sep 30, 2017, 9:16 am
  #1477  
 
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I’m surprised that the mischievous Ryanair did not include BA on their list of LCC’s
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Old Sep 30, 2017, 12:04 pm
  #1478  
 
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Well a report today said Ryanair would be using buses to get passengers to their destinations so there's an idea for BA; bus from London to Johannesburg anyone?
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Old Sep 30, 2017, 12:46 pm
  #1479  
 
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Originally Posted by corporate-wage-slave
At the risk of sounding like a broken record, what was the cause of the delay? If extraordinary circumstances then no, you won't be compensated via EC261. What did the captain say in his or her initial announcement after boarding was completed?
A late arriving inbound flight, then mechanical issues apparently.
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Old Sep 30, 2017, 12:51 pm
  #1480  
 
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Originally Posted by Greenpen
Well a report today said Ryanair would be using buses to get passengers to their destinations so there's an idea for BA; bus from London to Johannesburg anyone?
That would an interesting trip, imagine how many visas you would need. I've done Nairobi to Cape Town via Uganda and Rwanda by road and the border crossings were interesting.
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Old Sep 30, 2017, 1:09 pm
  #1481  
 
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Originally Posted by Tim_T
thanks Tobias-uk, that was my thinking as well. I’ll take you up on your offer if CEDR fails.
You couldn't wish for a finer legal brain^
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Old Sep 30, 2017, 4:02 pm
  #1482  
 
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Originally Posted by rapidex
You couldn't wish for a finer legal brain^
My mental image of Tobias-UK is "senior partner in a Magic Circle firm", so it is indeed a generous offer: you'd otherwise quite likely be shelling out Ł100+ per 6-minute billing unit for advice from someone of this calibre!!
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Old Sep 30, 2017, 4:38 pm
  #1483  
 
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Originally Posted by Greenpen
Well a report today said Ryanair would be using buses to get passengers to their destinations so there's an idea for BA; bus from London to Johannesburg anyone?
Well at least it means that Duck Tours have a buyer for their buses when they shut down...

https://www.londonducktours.co.uk/ ... in case you didn't know...
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Old Oct 1, 2017, 3:23 am
  #1484  
 
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I’ve had my CEDR response from BA over the MF strike and am currently preparing my rebuttal, would be good to discuss with others who are going through the same thing.

Their defence obviously wasn’t filed by a member of their legal team as it’s pretty poor.

Edit: Forgot to say, their defence genuinely revolves around a Daily Telegraph article saying that people wouldn’t be eligible for compensation...!!!!!

Last edited by Mattt1; Oct 1, 2017 at 3:30 am Reason: Forgot a bit
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Old Oct 1, 2017, 3:52 am
  #1485  
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Originally Posted by Mattt1
Edit: Forgot to say, their defence genuinely revolves around a Daily Telegraph article saying that people wouldn’t be eligible for compensation...!!!!!
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