May 22, 2018, 3:28 am
Last edit by: serfty
Link to Text of the regulations in PDF format
How about a Wiki to post EU comp given/denied as well as results for any CEDR or other process. Especially concerning the 787 issue as there are going to be many claims given all the cancellations.
Mine was April 22 BA280 LAX-LHR cancellation 4 days before flight and rebooked on later flight and arrived 4.5 hrs later than origianlly scheduled. BA's response was to deny for "operational" requirements though the 787 "tentatively assigned" G-ZBJG was used instead for a LHR-YUL flight that same day. CEDR filed and awaiting their initial review. Sept 3rd UPDATE: CEDR decision in Article 7 comp awarded in the amount of 600 euro as even though extraordinary circumstances are present in an engine defect as this, BA didn't show that they took reasonable steps to avoid the cancellation as they have known since Oct 2017 of this issue.
How about a Wiki to post EU comp given/denied as well as results for any CEDR or other process. Especially concerning the 787 issue as there are going to be many claims given all the cancellations.
Mine was April 22 BA280 LAX-LHR cancellation 4 days before flight and rebooked on later flight and arrived 4.5 hrs later than origianlly scheduled. BA's response was to deny for "operational" requirements though the 787 "tentatively assigned" G-ZBJG was used instead for a LHR-YUL flight that same day. CEDR filed and awaiting their initial review. Sept 3rd UPDATE: CEDR decision in Article 7 comp awarded in the amount of 600 euro as even though extraordinary circumstances are present in an engine defect as this, BA didn't show that they took reasonable steps to avoid the cancellation as they have known since Oct 2017 of this issue.
The 2018 BA compensation thread: Your guide to Regulation EC261/2004
Nov 26, 2018, 2:20 pm
#1621
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There’s always the firm that acted for Mr Huzar, they went up against the Birds and won, I don’t think Mr Huzar paid anything like £750 per hour.
Nov 26, 2018, 2:25 pm
#1622
Join Date: Nov 2018
Posts: 21
I'm representing myself because it's quite clear cut that BA acted unreasonably. But they've hired a familiar name in the EC261 space.
Nov 26, 2018, 4:24 pm
#1623
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As to the NCL late arrival, I would suggest focusing on the direction given by the cabin crew who are, after all BA agents for this purpose. They advised not to run for it, where to go for rebooking and the likely rebooking. The question of whether one could theoretically have made a run for it is trumped by BA's own actions here.
As to why BA and other carriers pay a lot of money to defend some claims, it is not about any one claim, but rather about the broader issue. If the story line were to shift that courts and schemes such as CEDR are ruling against consumers with a greater frequency, there is less motivation by consumers to pursue claims. BA deals in claims by the hundreds and no one claim really matters.
As to why BA and other carriers pay a lot of money to defend some claims, it is not about any one claim, but rather about the broader issue. If the story line were to shift that courts and schemes such as CEDR are ruling against consumers with a greater frequency, there is less motivation by consumers to pursue claims. BA deals in claims by the hundreds and no one claim really matters.
Nov 26, 2018, 4:59 pm
#1624
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They likely had thousands of similar cases on their books but chose Huzar as a representative one. They made their money from the 25% (or whatever amount it is) no win no fee fees on each of those claims that then succeed and the airlines paid out on. The they garnered more claims following the publicity thus more than covering the speculative investment in the case.
Nov 27, 2018, 2:43 am
#1625
Join Date: Feb 2010
Posts: 23
As to the NCL late arrival, I would suggest focusing on the direction given by the cabin crew who are, after all BA agents for this purpose. They advised not to run for it, where to go for rebooking and the likely rebooking. The question of whether one could theoretically have made a run for it is trumped by BA's own actions here.
There is still one point I am not sure how to address - they claim the plane was late due to rotation of the aircraft, but have not provided any more information. Should I just say that these are not extraordinary circumstances?
Nov 27, 2018, 2:47 am
#1626
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Yes, the onus is on BA to prove their case, not for you to prove your case, extraordinary circumstances is for BA to prove. Hence the suggestions above to keep it short and factual.
Nov 27, 2018, 4:38 am
#1627
Join Date: Feb 2010
Posts: 23
Great thanks so much for your help
I will update in due course!
I will update in due course!
Nov 27, 2018, 6:06 am
#1628
Join Date: Mar 2013
Posts: 68
Just had the usual refusal email from BA for my request for compensation for my delayed flight from BCN - LHR on 27th October (3 hours and 4 minutes!)
There was damage to the cargo door which led to an aircraft change.
I’m afraid our decision hasn’t changed and the responses you’ve received about the eligibility of your EU compensation claim are correct. As damage, which wasn’t caused by us, prevented the aircraft operating as scheduled. , we’re unable to offer you any compensation. I know this isn’t the answer you were hoping for and I’m sorry to let you down
Am i right in thinking i should just go straight to CEDR with this?
There was damage to the cargo door which led to an aircraft change.
I’m afraid our decision hasn’t changed and the responses you’ve received about the eligibility of your EU compensation claim are correct. As damage, which wasn’t caused by us, prevented the aircraft operating as scheduled. , we’re unable to offer you any compensation. I know this isn’t the answer you were hoping for and I’m sorry to let you down
Am i right in thinking i should just go straight to CEDR with this?
Nov 27, 2018, 6:09 am
#1629
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Nov 27, 2018, 6:11 am
#1630
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Who are they letting near their cargo doors?
If it was their ground handling agent, is there a principal-agent relationship?
Nov 27, 2018, 6:16 am
#1631
Join Date: Mar 2013
Posts: 68
Thanks CWS - they did say that i the email sent so assuming that gives me the green light for CEDR?
Richard - my thoughts exactly! They wont say who / what caused the damage but if it wasnt them i'd love to know who is hanging around their cargo doors!
Richard - my thoughts exactly! They wont say who / what caused the damage but if it wasnt them i'd love to know who is hanging around their cargo doors!
Nov 27, 2018, 7:25 am
#1633
Join Date: Jan 2007
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I just had a request for compensation refused on the basis that:
My case is Article 1 1(b) - cancellation. Flight cancelled within 4 hours of departure time (I found out upon arriving for check in 3 hours in advance. The conditions are in compliance with Article 3 on what is applicable.
Article 5 1(c) entitles the right to compensation defined in Article 7 unless any of the criteria in 5(c) i, ii or iii are met. In my case they are not. So on to Article 7
Article 7 1 defines the amounts, 1(c) - 600 EUR applies in my case.
Article 7 2 permits the compensation to be reduced by 50% if the criteria in 2 (a, b or c) apply. In my case 2c applies.
So, if I am re-routed due to a cancellation, compensation is due regardless of the arrival time, only that it may be reduced by half if I arrive within (in my case) 4 hours of scheduled arrival time. I do not see any provision that allows the airline to refuse compensation due to arrival within three hours, except Article 8 which applies only to delays, not cancellations.
Did I miss something?
Since you weren't delayed in arriving at your final destination by three hours or more, your claim for compensation under EU Regulation 261/2004 has been refused.
Article 5 1(c) entitles the right to compensation defined in Article 7 unless any of the criteria in 5(c) i, ii or iii are met. In my case they are not. So on to Article 7
Article 7 1 defines the amounts, 1(c) - 600 EUR applies in my case.
Article 7 2 permits the compensation to be reduced by 50% if the criteria in 2 (a, b or c) apply. In my case 2c applies.
So, if I am re-routed due to a cancellation, compensation is due regardless of the arrival time, only that it may be reduced by half if I arrive within (in my case) 4 hours of scheduled arrival time. I do not see any provision that allows the airline to refuse compensation due to arrival within three hours, except Article 8 which applies only to delays, not cancellations.
Did I miss something?
Nov 27, 2018, 8:03 am
#1634
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What’s the reason for cancellation OttoMH?
What airline were you re-routed on ?
What airline were you re-routed on ?
Nov 27, 2018, 8:10 am
#1635
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The three hour rule is not in EC261 as written, but yes it applies specifically to delays as originally booked. Cancellations are different and can allow payment - depending on circumstances - if re-routed by either more than 2 hours at arrival or your departure is more than an hour early.