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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 Oct 12, 2017, 10:49 pm
  #1546  
 
Join Date: Oct 2017
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Posts: 54
Originally Posted by Globaliser
Welcome to FT, baflyer123!On scheduled times, BA294 --> BA139 would have departed ORD at 1730 and arrived at BOM at 2345.

BA296 --> BA199 would have departed ORD at 2040 and arrived at BOM at 1110. BA296 would arrive at LHR after BA139 had already departed, so regardless of your bags the earliest flight that you would have been on was BA199.

So whatever happened your arrival at BOM would inevitably have been delayed for more than four hours.

In a similar situation, I was booked to fly LCY-AMS. The aircraft went tech after we boarded. By the time we were shepherded to the ticket desk for rebooking, the only other LCY-AMS flight that evening was full and we were told that we would be travelling the next day at the earliest. So I rebooked for four days later. BA paid my 261/2004 without any question. The fact that I had chosen not to fly the next day, but several days later, was never raised as any sort of reason for not paying.

You may get more advice on this thread:
Thank you for your help. I will file for the 261.
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Old Oct 12, 2017, 10:56 pm
  #1547  
 
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Originally Posted by corporate-wage-slave
Welcome to Flyertalk baflyer123 and welcome to the BA forum. It's good to see you here, and I hope the delayed First trip was still enjoyable. I agree it looks a fairly clear 600€ claim to me, indeed it could be argued you saved BA paying both that, the downgrade refund and the hotel costs. The Uber taxi fare should be OK to £50 approx each way, which is an arbitrary limit which could be easily challenged if necessary.
Thank you corporate-wage-slave , The trip was uneventful the next day. As always love the consistent F BA cabin service. In the past year have had about three delayed flights over four hours and have never bothered to claim them this time I will file a claim.

It is great to have so many people posting their experience with BA on this forum.
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Old Oct 12, 2017, 11:13 pm
  #1548  
 
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Originally Posted by paul00
The Court of Appeal of England and Wales has just handed down its judgment in the joined cases of Gahan v Emirates and Buckley v Emirates, reaffirming the CJEU's earlier decision in Folkerts.

From the CAA’s press release:
I saw this in a couple of the papers today. Another loophole exploited by the airlines gets knocked on the head.
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Old Oct 13, 2017, 12:44 am
  #1549  
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Originally Posted by paul00
The Court of Appeal of England and Wales has just handed down its judgment in the joined cases of Gahan v Emirates and Buckley v Emirates, reaffirming the CJEU's earlier decision in Folkerts.
Thank you for for posting this. If any of the legal people on here notice Emirates appealing this judgement further, please let this thread know.

The consequence for this forum's usual participants probably relates most to bookings involving either Qatar or AA, where European travellers going via Doha or the USA have a connecting flight. If the first flight was a bit late and causes a misconnect, these non European airlines have not paid compensation for significant delays at the final destination. The CAA has long said this wasn't correct and they appear to have financed this court case.

Miss Gahan was travelling MAN-DXB-BKK, was 3 hrs 56 mins late into DXB, 13 hours 37 minutes late to BKK. At MCOL level she wasn't able to gain more than 300€, the lower compensation rate, the Court of Appeal has now ruled that BKK was the final destination and therefore she gets 600€ - this higher rate applies on delays over 4 hours.

The Buckley family were travelling MAN-DXB-SYD, 2 hours 4 minutes late at Dubai, over 16 hours late in Sydney. Emirates said that since they were under 3 hours late at Dubai they would get no compensation at all. The Court of Appeal says again the final destination is SYD and therefore they get 600€ each.
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Old Oct 15, 2017, 4:51 am
  #1550  
 
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Posts: 3
Cancellations & delays on this multi leg itinerary - what can I claim

Hi, any advice on the likelihood of a compensation claim on this journey so gratefully appreciated as I keep changing my mind as to whether it’s a cancellation, delay or refund request, if any...

Original schedule:
Three flight segments on itinerary -

Flight 1
Departure
05:31 Wed, 11 Oct (MAA)
BA 36 British Airways

Arrival
11:50 Wed, 11 Oct London (United Kingdom) - Heathrow (LHR)
Connection - Change plane and terminal Check with airline for boarding time and gate!
Transfer duration: 2 hours 10 minutes
Departure
14:00 Wed, 11 Oct London (United Kingdom) - Heathrow (LHR)
Terminal 3 British Airways
BA 1598 American Airlines

Arrival
18:10 Wed, 11 Oct Charlotte (United States) - Charlotte - Douglas Intl Airport (CLT)

Flight 2
Departure
13:05 Fri, 13 Oct Charlotte (United States) - Charlotte - Douglas Intl Airport (CLT) American Airlines
AA 2066 American Airlines

Arrival
14:53 Fri, 13 Oct New York (United States) - La Guardia (LGA)
Terminal C Aircraft type - 320 Class - Economy

Flight 3
Mon, 16 Oct
JFK-MAA via LHR (not yet flown)


Flight 1 on 11/10/17 was cancelled due to a technical fault. We had already checked in and boarded the aircraft before being notified of the cancellation. The Captain emphasised the aircraft was only 3 weeks old so I expect BA may claim extraordinary circumstances.

We were rebooked to travel on the same route, same flight numbers one day later. This would have meant arriving in Charlotte exactly 24 hours later than our scheduled arrival.

We accepted this so Flight 1 then became the BA36 from MAA-LHR and BA1598 LHR-CLT on 12/10/17. Flight 2 remained the same as our original booking. However, the first leg from MAA was delayed around 40 mins (no reason given) so we then missed our connection in London to Charlotte.

The only option we were given on 12/10 was a connecting flight from LHR to CLT via IAD which would have got us into CLT at 23.23 as opposed to the scheduled arrival time of 18.10. There was no longer any point in our journey to CLT which BA realised given our itinerary so they accommodated us overnight in London and they re-routed the second leg of Flight 1 from LHR-CLT to LHR-JFK on Friday 13th.

We arrived in NY at 15.55 on 13/10 which was only an hour later than when we wanted to be in New York as per our original booking. This meant we never used Flight 2 as we flew direct to JFK for the 2nd part of the trip (but this was with AA so a separate issue).

So, flight 1 of original booking cancelled, flight 1 on second booking delayed making journey to CLT worthless. Overall our arrival in the States delayed by almost 2 days. But how are BA likely to treat an EU compensation claim as we never actually travelled to Charlotte in the end and they flew us to JFK.

Thanks in advance for any replies/suggestions.
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Old Oct 15, 2017, 10:35 am
  #1551  
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Originally Posted by hakeba
So, flight 1 of original booking cancelled, flight 1 on second booking delayed making journey to CLT worthless. Overall our arrival in the States delayed by almost 2 days. But how are BA likely to treat an EU compensation claim as we never actually travelled to Charlotte in the end and they flew us to JFK.

Thanks in advance for any replies/suggestions.
Welcome to Flyertalk and welcome to the BA forum hakeba. It does get complicated in these circumstances since effectively you redefined the "final destination" from CLT to NYC. I would keep it simple, add zero unnecessary detail, but claim 600€ for being more than 24 hours late by dint of being rebooked on to the next day's flight. It may be set up in the system to give approval to those claims. If BA refuse, then you better revert here for more advice, it depends what they say. The fact that the aircraft was new should not make any difference, nearly all technical faults are not extraordinary circumstance.

Your other option, incidentally, when you go to London and found out about CLT being infeasible is to ask to be returned to MAA and get a full refund on the trip. You would have to prove your trip was no longer able to meet the purpose of travel, the NYC bit probably makes that difficult to do.
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Old Oct 15, 2017, 6:11 pm
  #1552  
 
Join Date: Oct 2017
Posts: 3
Thank you, I will keep it straightforward and see what BA's initial response is. I'll post an update once I get one.
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Old Oct 16, 2017, 8:17 am
  #1553  
 
Join Date: Oct 2017
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Flight damage - Valid compensation or not?

My flight was delayed for more than 4 hours. When i tried to claim compensation they said "was delayed because of aircraft damage which wasn’t caused by us, which prevented the aircraft operating as scheduled."

When i read the forums and FAQs there was no mention of this flight damage as reason for not compensating. So I want to know if this is a valid reason for compensation or BA is playing a hard ball?
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Old Oct 16, 2017, 8:20 am
  #1554  
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Originally Posted by rvs80
My flight was delayed for more than 4 hours. When i tried to claim compensation they said "was delayed because of aircraft damage which wasn’t caused by us, which prevented the aircraft operating as scheduled."

When i read the forums and FAQs there was no mention of this flight damage as reason for not compensating. So I want to know if this is a valid reason for compensation or BA is playing a hard ball?
Hello rvs80 and welcome to Flyertalk.

It depends on the nature of the damage and whether or not it's considered as 'extraordinary'. For example, a recent judgement concluded that a bird strike would be considered 'extraordinary'. What was the nature of the damage in your case?

Here is a link to the Telegraph article about the judgment in relation to bird strikes:

http://www.telegraph.co.uk/travel/ne...-bird-strikes/
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Old Oct 16, 2017, 8:25 am
  #1555  
 
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Posts: 3
Originally Posted by golfmad
Hello rvs80 and welcome to Flyertalk.

It depends on the nature of the damage and whether or not it's considered as 'extraordinary'. For example, a recent judgement concluded that a bird strike would be considered 'extraordinary'. What was the nature of the damage in your case?

Here is a link to the Telegraph article about the judgment in relation to bird strikes:
They did not mention any reason but just that line "was delayed because of aircraft damage which wasn’t caused by us". So not sure what happened.
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Old Oct 16, 2017, 8:31 am
  #1556  
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Originally Posted by rvs80
They did not mention any reason but just that line "was delayed because of aircraft damage which wasn’t caused by us". So not sure what happened.
You should write back asking for the exact details of the damage.
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Old Oct 16, 2017, 8:33 am
  #1557  
 
Join Date: Oct 2017
Posts: 3
Originally Posted by DYKWIA
You should write back asking for the exact details of the damage.
Thanks. Just did that. Will update once I get a reply.
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Old Oct 17, 2017, 12:16 pm
  #1558  
 
Join Date: Oct 2017
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Hi All,

I'm a new member here, having sought you out after taking a case to CEDR, doing it incorrectly, getting a "partial success", but now not knowing whether to accept CEDR decision.

Lots more info in THIS THREAD, but I think I posted in wrong place and perhaps better to re-post here. I'll try and summarise the problem, why I went to CEDR, what I did wrong with CEDR, and where I'm at now. This might be lengthy - I apologise in advance if this is too much detail.

The problem:
I was perhaps a bit naive (and would hesitate to do so again in future) but I booked travel with Expedia on 16th April.
My travel on was on a BA flight from LHR to PHX (non-stop) flying out on Sunday 7th May, returning (again on BA) on Friday 26th May.
I paid with standard BA AMEX (not Platinum). Expedia sold me an outbound ticket on Iberia paper - my AMEX bill said that payment went to Iberia (I called AMEX - they can't help me with this)
I booked Premium Ecomony in both directions - total cost was: £2108.00 flight (RT), plus taxes & airline fees of £470.57, plus £20 airline card fee (total paid £2578.57)
I paid to choose my seat in Premium outbound.
Online check-in wasn't available, so I had to check in on the day - at desk I was told I'd be travelling in Economy rather than Premium.
At the gate I was offered (but initially declined) £75 that I was told was an "ex gratis" payment - I thought accepting it would jepoardise any claim I may have against BA.
Even at the gate I considered a claim because the flight manager (I think?) told me I'd be entitled to "75% of the difference in fare price between Economy and Premium"
I realised at the time that 75% of the difference meant that I'd effectively be charged 25% of the difference for privilege of being downgraded.
I filled in a form on the plane to raise a complaint about the downgrade, and contacted my OLTA (Expedia) when I arrived at my destination.

Why I went to CEDR (and what I think did wrong with CEDR):
Aside from raising a complaint on the flight itself, the first contact I had was with Expedia - who advised me to file a web complaint with BA.
Web complaint raised on 7th May.
It became a bit of a circus - BA web team soon stopped responding when I asked how to escalate.
When web team stopped responding, I spoke to someone at BAEC on 18th or 19th May (from here on in I have names, dates, and times whenever I spoke to someone on the phone), who explained the £75 (or £150 in vouchers) wouldn't jeopardise any claim - but ultimately told me I needed to deal with Expedia to process this.
This went round for some months - Expedia, Iberia, BA, etc.
I contacted Which? and they said it's easy - send formal complaint, wait 8 weeks, then go to CEDR. They said divide ticket cost by 2, and then claim 75%.
Formal letter sent on 4th August.
Deadlock reached on 22nd, and CEDR case raised shortly after.
I did it wrong - I claimed for 75% of half of £2578.57 (I didn't take off taxes or fees before claiming).

The CEDR outcome
BA said that I needed to deal with Expedia. They said that outbound leg cost £615.00 so I'd need to claim £461.25 from Iberia via Expedia.
Adjudicator decision came in on 14th Oct - CEDR says BA need to pay me directly (not Expedia or Iberia), but CEDR agreed with BA that I am owed £461.25 (not the amount I claimed).

Where I'm at now
I know it's not personal, but after the runaround I've been given I'm not quick to trust BA. I don't know whether the LHR-PHX sector price of £615 is accurate - to me it seems a little low, given the overall flight price of £2108.
Perhaps it really was £615 - that's what I need help with, as I don't know how to find out.
I contacted Expedia to try and get a breadkdown. They declined to provide one - here's their response:
"We are unable to provide the breakdown of prices and taxes separately as the price you have booked at are consolidated prices and are discounted rates (Expedia Special rate).

Please find the attached invoice displaying Traveller Summary, Flight Summary, Cost Summary and Payment Information.

We appreciate your understanding in this matter."
(the info they provided is that which I already have - see top of this very long post).

I checked everything I've gathered on this, and found the following for the outbound:
"Iberia 4673 operated by BRITISH AIRWAYS
Premium Economy (T) | Seat 15E | Confirm or change seats with the airline*
"
Here's the inbound:
"British Airways 288
Premium Ecomony (W) | Seat 15A | Confirm of change seats with the airline*
"

The outbound flight in question has been removed from my BAEC page, and it doesn't show up on my statement anymore. It got removed quite early in this saga - I just assumed it was BA trying to make things difficult - now I see that they did quite a good job, as I don't know how much the flight cost.

What am I looking for
It's been quite a while now, and even though this (to me) is an awful lot of money - I've almost got to the point now where the money is a secondary concern.
I'm not looking for free first class flights as compensation, nor thousands of Avios, or some big wedge of cash. What I do want it to know that BA aren't stitching me up with their offer.
Is their offer of £461.25 accurate? If so, then I stop stressing and put it all behind me.
If the offer is unfair, then what would be a fair offer?
My thinking is: if their offer is unfair, then I need to find a way to establishing enough evidence to send a letter before action and then going the MCOL route (after first rejecting CEDR).
If a fair offer is e.g. £500 (and they offered me £461.25) then it's not worth continuing the fight and I accept CEDR decision.
If, howevr, a fair offer would be e.g. £700 then I'd most certainly consider MCOL.

I also don't know if I'm entitled to a refund of any taxes since I flew Economy on the outbound. If so, do I raise this with directly with Expedia?

Thanks for reading. I've tried to give as much info as possible - sorry this makes for such a long post.

Any help you can give would be most gratefully received. I'd like to reiterate my thanks for the help already given in THIS THREAD

Last edited by gutt3d; Oct 17, 2017 at 12:19 pm Reason: Corrected a couple of typos
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Old Oct 17, 2017, 12:28 pm
  #1559  
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Posts: 50,262
Originally Posted by hakeba
Hi, any advice on the likelihood of a compensation claim on this journey so gratefully appreciated as I keep changing my mind as to whether it’s a cancellation, delay or refund request, if any...

Original schedule:
Three flight segments on itinerary -

Flight 1
Departure
05:31 Wed, 11 Oct (MAA)
BA 36 British Airways

Arrival
11:50 Wed, 11 Oct London (United Kingdom) - Heathrow (LHR)
Connection - Change plane and terminal Check with airline for boarding time and gate!
Transfer duration: 2 hours 10 minutes
Departure
14:00 Wed, 11 Oct London (United Kingdom) - Heathrow (LHR)
Terminal 3 British Airways
BA 1598 American Airlines

Arrival
18:10 Wed, 11 Oct Charlotte (United States) - Charlotte - Douglas Intl Airport (CLT)

Flight 2
Departure
13:05 Fri, 13 Oct Charlotte (United States) - Charlotte - Douglas Intl Airport (CLT) American Airlines
AA 2066 American Airlines

Arrival
14:53 Fri, 13 Oct New York (United States) - La Guardia (LGA)
Terminal C Aircraft type - 320 Class - Economy

Flight 3
Mon, 16 Oct
JFK-MAA via LHR (not yet flown)


Flight 1 on 11/10/17 was cancelled due to a technical fault. We had already checked in and boarded the aircraft before being notified of the cancellation. The Captain emphasised the aircraft was only 3 weeks old so I expect BA may claim extraordinary circumstances.

We were rebooked to travel on the same route, same flight numbers one day later. This would have meant arriving in Charlotte exactly 24 hours later than our scheduled arrival.

We accepted this so Flight 1 then became the BA36 from MAA-LHR and BA1598 LHR-CLT on 12/10/17. Flight 2 remained the same as our original booking. However, the first leg from MAA was delayed around 40 mins (no reason given) so we then missed our connection in London to Charlotte.

The only option we were given on 12/10 was a connecting flight from LHR to CLT via IAD which would have got us into CLT at 23.23 as opposed to the scheduled arrival time of 18.10. There was no longer any point in our journey to CLT which BA realised given our itinerary so they accommodated us overnight in London and they re-routed the second leg of Flight 1 from LHR-CLT to LHR-JFK on Friday 13th.

We arrived in NY at 15.55 on 13/10 which was only an hour later than when we wanted to be in New York as per our original booking. This meant we never used Flight 2 as we flew direct to JFK for the 2nd part of the trip (but this was with AA so a separate issue).

So, flight 1 of original booking cancelled, flight 1 on second booking delayed making journey to CLT worthless. Overall our arrival in the States delayed by almost 2 days. But how are BA likely to treat an EU compensation claim as we never actually travelled to Charlotte in the end and they flew us to JFK.

Thanks in advance for any replies/suggestions.
Your claim ought to be denied because you arrived at NYC, your final ticketed destination one hour late and all of the rerouting ought to be documented in the PNR notes which BA will review.

However, it is entirely possible that someone does a poor job of reviewing your claim, sees the one-day delay and simply approves the claim.

For that reason, I would claim and not worry about the details.
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Old Oct 17, 2017, 12:33 pm
  #1560  
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Originally Posted by gutt3d
I was perhaps a bit naive (and would hesitate to do so again in future) but I booked travel with Expedia on 16th April.

My travel on was on a BA flight from LHR to PHX (non-stop) flying out on Sunday 7th May, returning (again on BA) on Friday 26th May.

...

I booked Premium Ecomony in both directions - total cost was: £2108.00 flight (RT), plus taxes & airline fees of £470.57, plus £20 airline card fee (total paid £2578.57)

...

BA said that I needed to deal with Expedia. They said that outbound leg cost £615.00 so I'd need to claim £461.25 from Iberia via Expedia.

...

I know it's not personal, but after the runaround I've been given I'm not quick to trust BA. I don't know whether the LHR-PHX sector price of £615 is accurate - to me it seems a little low, given the overall flight price of £2108.

...

I checked everything I've gathered on this, and found the following for the outbound:
"Iberia 4673 operated by BRITISH AIRWAYS
Premium Economy (T) | Seat 15E | Confirm or change seats with the airline*
"
Here's the inbound:
"British Airways 288
Premium Ecomony (W) | Seat 15A | Confirm of change seats with the airline*
"
Apologies for repeating in part some information already posted on the other thread.

Notwithstanding that Expedia say that you were travelling on a consolidator fare, the information which you have provided is consistent with the level of published fares that could have been used to price your journey.

For the outbound half, the IB fare ladder was:-
Code:
Fare Information Search:

Departing LON on 07/05/17 for PHX
Returning on 26/05/17
Ticketing on 16/04/17
Flying IB  
Purchasing at LON
Viewing in currency GBP
Validated Results

Fare Basis  Airline  Booking  Trip Type   Fare           Cabin  Effective  Expiration  Min/Max  Advanced
                     Class                                      Date       Date        Stay     Purchase Req
TKW2S4C1    IB       T        Round-Trip  1230.00 (GBP)  PE     11/04/17   26/05/17    SU / 12M 21
EKW2S4C1    IB       E        Round-Trip  1430.00 (GBP)  PE     11/04/17   26/05/17    SU / 12M 21
EKW4S4C1    IB       E        Round-Trip  1630.00 (GBP)  PE     11/04/17   26/05/17    SU / 12M 14
ENN7S4F1    IB       E        Round-Trip  2283.00 (GBP)  PE                            SU / 12M 07
W1N8Y4C5    IB       W        Round-Trip  2986.00 (GBP)  PE                            -- / 12M 
W1UKJB      IB       W        Round-Trip  2986.00 (GBP)  PE                            -- / 12M 
W1JB        IB       W        Round-Trip  4182.00 (GBP)  PE                                     
W1N0O4C5    IB       W        Round-Trip  4182.00 (GBP)  PE
And for the inbound half, the BA fare ladder was:-
Code:
Fare Information Search:

Departing LON on 07/05/17 for PHX
Returning on 26/05/17
Ticketing on 16/04/17
Flying BA  
Purchasing at LON
Viewing in currency GBP
Validated Results

Fare Basis  Airline  Booking  Trip Type   Fare           Cabin  Effective  Expiration  Min/Max  Advanced
                     Class                                      Date       Date        Stay     Purchase Req
TKW4S4T1F/DIF4BA       T        Round-Trip  760.00 (GBP)   PE     15/04/17   21/06/17    SU / 12M 21
TKW7S4T1F/DIF4BA       T        Round-Trip  800.00 (GBP)   PE     15/04/17   21/06/17    SU / 12M 21
TKW4S4T1F/DIF4BA       T        Round-Trip  830.00 (GBP)   PE     11/04/17   21/06/17    SU / 12M 21
TKW4S4T1F/DIF4BA       T        Round-Trip  930.00 (GBP)   PE     11/04/17   21/06/17    SU / 12M 21
TKW7S4C1F/DIF4BA       T        Round-Trip  1060.00 (GBP)  PE     11/04/17   26/05/17    SU / 12M 21
TKW0S4C1F/DIF4BA       T        Round-Trip  1090.00 (GBP)  PE     11/04/17   26/05/17    SU / 12M 21
TKW0S4C1F/DIF4BA       T        Round-Trip  1130.00 (GBP)  PE     11/04/17   26/05/17    SU / 12M 21
TKW2S4C1    BA       T        Round-Trip  1230.00 (GBP)  PE     11/04/17   26/05/17    SU / 12M 21
EKW2S4C1    BA       E        Round-Trip  1430.00 (GBP)  PE     11/04/17   26/05/17    SU / 12M 21
EKW4S4C1    BA       E        Round-Trip  1630.00 (GBP)  PE     11/04/17   26/05/17    SU / 12M 14
ENN7S4F1    BA       E        Round-Trip  2283.00 (GBP)  PE                            SU / 12M 7
W1N0Y4C5    BA       W        Round-Trip  2986.00 (GBP)  PE                            -- / 12M 
W1UKJB      BA       W        Round-Trip  2986.00 (GBP)  PE                            -- / 12M
Combining the two bolded fares gives you (£1,230 + £2,986) * 50% = £2,108.

So BA's claim that the fare for the outbound half was £615 is plausible.

However, as mentioned in your other thread, that doesn't take into account the argument that you should also be paid 75% of the YQ surcharge for that sector, plus the difference in APD between the amount you paid for WT+ (£150) and the amount due for travel in economy (£75).
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