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 27, 2018, 12:14 pm
#1637
Join Date: Jul 2012
Location: Dublin
Programs: BA Silver
Posts: 222
deleted - found answer!
Nov 27, 2018, 2:14 pm
#1638
Join Date: Feb 2007
Location: The Island. UK
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Posts: 351
Nov 27, 2018, 2:33 pm
#1639
FlyerTalk Evangelist
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You would have to have had a pretty poor (or perhaps vexatious) case or behaved pretty badly at the hearing for a Judge to grant them but it is always a risk. Judge can also limit the costs awarded to a contribution rather then full recovery.
Nov 27, 2018, 5:22 pm
#1640
Join Date: Jan 2008
Location: London
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Cancellation & rerouting / downgrade reimbursement
I was booked to fly SJC-LAX-LHR in F which was the return leg of a booking.
With 4 days notice the LAX-LHR flight was cancelled (Trent 1000 issues) and after trying various other flights from SJC / LAX / SFO on days either side of the original travel date I was downgraded to J on a flight from SFO-LHR. I had good reason to go via LAX so moving to a direct flight was not helpful.
At the time I was told I would be refunded / compensated but had to file a request for this after the flight. A quick search suggested that I would be entitled to a 75% of the affected leg.
The LAX-LHR flight had been cancelled for the previous 3 days so this was not exactly unpredictable.
After what is now months of back and forth the situation is this:
BA's refunds team have determined that I am not due a refund stating: "Once you were rebooked, they have recalculated the fare and taxes that were used to construct your journey home. They have advised the value of your new booking classes were much higher than the original fare paid. Hence, on that basis, no fare or taxes refund is due."
In my mind this is nonsense and the arbitrary price that BA put on a seat at short notice is irrelevant. The process should be to follow EU261 referenced here which if I interpret correctly entitles me to the aforementioned reimbursement of 75% of the leg cost.
Is there something I am missing here? BA are effectively saying they can downgrade me because they cancelled my flight and I should be grateful they are not charging my for an expensive last minute J ticket!
I cant quite believe how badly BA are handling this, some of the agents I speak to are clearly as disbelieving as I am but don't seem to be able to help. It's absolute night and day compared to my point of comparison, Alaska Airlines who I appreciate are very different beast but are phenomenal whenever there is any disruption.
Any help and advice appreciated, It seems my next step is file a complaint with the CAA / CEDR.
With 4 days notice the LAX-LHR flight was cancelled (Trent 1000 issues) and after trying various other flights from SJC / LAX / SFO on days either side of the original travel date I was downgraded to J on a flight from SFO-LHR. I had good reason to go via LAX so moving to a direct flight was not helpful.
At the time I was told I would be refunded / compensated but had to file a request for this after the flight. A quick search suggested that I would be entitled to a 75% of the affected leg.
The LAX-LHR flight had been cancelled for the previous 3 days so this was not exactly unpredictable.
After what is now months of back and forth the situation is this:
BA's refunds team have determined that I am not due a refund stating: "Once you were rebooked, they have recalculated the fare and taxes that were used to construct your journey home. They have advised the value of your new booking classes were much higher than the original fare paid. Hence, on that basis, no fare or taxes refund is due."
In my mind this is nonsense and the arbitrary price that BA put on a seat at short notice is irrelevant. The process should be to follow EU261 referenced here which if I interpret correctly entitles me to the aforementioned reimbursement of 75% of the leg cost.
Is there something I am missing here? BA are effectively saying they can downgrade me because they cancelled my flight and I should be grateful they are not charging my for an expensive last minute J ticket!
I cant quite believe how badly BA are handling this, some of the agents I speak to are clearly as disbelieving as I am but don't seem to be able to help. It's absolute night and day compared to my point of comparison, Alaska Airlines who I appreciate are very different beast but are phenomenal whenever there is any disruption.
Any help and advice appreciated, It seems my next step is file a complaint with the CAA / CEDR.
Last edited by goodison; Nov 27, 2018 at 5:29 pm
Nov 27, 2018, 5:30 pm
#1641
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
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I think the relevant advice is all elsewhere in this thread so I won't retype it all here, but basically calculate your own figure using the post you referenced, invite BA to pay it, else pursue via CEDR. You've been offered the involuntary refund calculation, which could apply in a range of circumstances, but not the specific EC261 calculation method.
Did you specifically request EC261 downgrade reimbursement?
Did you specifically request EC261 downgrade reimbursement?
Nov 27, 2018, 5:43 pm
#1642
Join Date: Feb 2018
Programs: BAEC Gold, Hilton Diamond, Bonvoy Silver
Posts: 175
Also, don’t forget that you may also be due compensation for the cancellation itself, depending on the exact replacement flight times.
In your case, it seems you would be due compensation if you had to leave more than one hour earlier than originally planned, or arrived more than two hours later than originally planned. (I’m not sure how the change of departure airport would factor into the one-hour departure timeframe, since it may take much longer to get to SFO, depending on your starting point. But, that may be moot depending on the timing.)
In your case, it seems you would be due compensation if you had to leave more than one hour earlier than originally planned, or arrived more than two hours later than originally planned. (I’m not sure how the change of departure airport would factor into the one-hour departure timeframe, since it may take much longer to get to SFO, depending on your starting point. But, that may be moot depending on the timing.)
Nov 28, 2018, 12:09 am
#1643
Join Date: Jan 2008
Location: London
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Thanks guys, I haven't specifically mentioned EC261, just EU legislation but will go back to them referencing that and a figure. I don't feel I have a case on the timing front given that they got me in at around the same time.
(Un)fortunately I only paid £3208 (£2611 fare + £597.51 Tax/Fee/Charge) for this itinerary so it seems I'm doe £979.13 as 2611/2*.75 = £979.13.
(Un)fortunately I only paid £3208 (£2611 fare + £597.51 Tax/Fee/Charge) for this itinerary so it seems I'm doe £979.13 as 2611/2*.75 = £979.13.
Nov 28, 2018, 12:17 am
#1644
Ambassador: Emirates Airlines
Join Date: Sep 2004
Location: Manchester, UK
Posts: 18,618
Thanks guys, I haven't specifically mentioned EC261, just EU legislation but will go back to them referencing that and a figure. I don't feel I have a case on the timing front given that they got me in at around the same time.
(Un)fortunately I only paid £3208 (£2611 fare + £597.51 Tax/Fee/Charge) for this itinerary so it seems I'm doe £979.13 as 2611/2*.75 = £979.13.
(Un)fortunately I only paid £3208 (£2611 fare + £597.51 Tax/Fee/Charge) for this itinerary so it seems I'm doe £979.13 as 2611/2*.75 = £979.13.
Nov 28, 2018, 12:29 am
#1645
Join Date: Nov 2016
Posts: 699
Which is the main www to make a claim , there seems to be literally 1000s of them on google search
Nov 28, 2018, 12:51 am
#1646
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Nov 28, 2018, 9:43 am
#1647
Join Date: Mar 2013
Posts: 68
I don't have the exact details of how the damage occurred only that the previous flight your aircraft undertook into Barcelona was damaged and needed immediate attention so that we could still operate the flight safely. Unfortunately the delay of that flight had a knock on effect which in turn affected your flight the BA0475
Am i right in thinking that knock on delays caused by incidents on other flights are not a means to deny compensation?
Nov 28, 2018, 10:33 am
#1648
Join Date: May 2013
Posts: 6,349
I pushed BA for an answer about the damage and this is the reply i just got:
I don't have the exact details of how the damage occurred only that the previous flight your aircraft undertook into Barcelona was damaged and needed immediate attention so that we could still operate the flight safely. Unfortunately the delay of that flight had a knock on effect which in turn affected your flight the BA0475
Am i right in thinking that knock on delays caused by incidents on other flights are not a means to deny compensation?
I don't have the exact details of how the damage occurred only that the previous flight your aircraft undertook into Barcelona was damaged and needed immediate attention so that we could still operate the flight safely. Unfortunately the delay of that flight had a knock on effect which in turn affected your flight the BA0475
Am i right in thinking that knock on delays caused by incidents on other flights are not a means to deny compensation?
Nov 28, 2018, 10:41 am
#1649
Ambassador: Emirates Airlines
Join Date: Sep 2004
Location: Manchester, UK
Posts: 18,618
Nov 29, 2018, 1:07 pm
#1650
Join Date: Jun 2018
Location: Scotland
Posts: 171
EU261
Looking for some clarity re extraordinary circumstances.
I was booked on BA1305 (Aberdeen-Heathrow) on 29/11 which was cancelled around 12 hours prior to flight time and no alternative was offered. I had an onward international connection which I simply could not make as there was no alternative flight arriving into Heathrow in time to make the connection.
The reason given in the app was weather and I appreciate this can be an extraordinary circumstance however I don't think this should qualify as an extraordinary circumstance in this case from the searching around I have done.
The flight was not cancelled last minute because either airport was shut, other airlines managed to fly in and out of respective airports around the time that BA1305 would have taken off/landed. I can only fathom they cancelled this service to better accommodate another service/route and I don't think this would be an extraordinary circumstance?
I will be looking to put an EU261 claim in unless I receive firm advice from the trusted community of FT that this would 100% be a wasted effort? I realise they would likely initially refuse any claim but I feel I should be due compensation as the delay in now arriving at my international destination will be 24 hrs or thereabouts and I have suffered financial loss because of it
Appreciate any feedback
Thanks
I was booked on BA1305 (Aberdeen-Heathrow) on 29/11 which was cancelled around 12 hours prior to flight time and no alternative was offered. I had an onward international connection which I simply could not make as there was no alternative flight arriving into Heathrow in time to make the connection.
The reason given in the app was weather and I appreciate this can be an extraordinary circumstance however I don't think this should qualify as an extraordinary circumstance in this case from the searching around I have done.
The flight was not cancelled last minute because either airport was shut, other airlines managed to fly in and out of respective airports around the time that BA1305 would have taken off/landed. I can only fathom they cancelled this service to better accommodate another service/route and I don't think this would be an extraordinary circumstance?
I will be looking to put an EU261 claim in unless I receive firm advice from the trusted community of FT that this would 100% be a wasted effort? I realise they would likely initially refuse any claim but I feel I should be due compensation as the delay in now arriving at my international destination will be 24 hrs or thereabouts and I have suffered financial loss because of it
Appreciate any feedback
Thanks