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-   -   The 2018 BA compensation thread: Your guide to Regulation EC261/2004 (https://www.flyertalk.com/forum/british-airways-executive-club/1885572-2018-ba-compensation-thread-your-guide-regulation-ec261-2004-a.html)

corporate-wage-slave Dec 4, 2018 2:53 pm


Originally Posted by abc193 (Post 30498961)
Are AA partnered with Hilton or IHG given you specifically mentioned them? We have status with Marriott/SPG so had looked into which of their hotels are available if needed. I read over on the AA forum that passengers were only offered the legal compensation amount (600 EUR) and other accommodation/delay related expenses were not covered although that didn't seem to be the case reading the thread here.

If you don't book accommodation - so stay in the airport - then you can't claim for it, which explains some of the cases in the AA forum. Hence by all means endeavour to persuade AA to get you a hotel and then use an App to get your own accommodation, which AA will have no choice in law but to refund. I must admit I wouldn't try too hard with AA, since their hotel voucher system has numerous imperfections. Now Marriott is the chain with which I am the least familiar, but the CWS endorsed hotel for MIA is the Hilton, partly because their shuttle is so good. I also see plenty of Holiday Inn / HIX vans go by in MIA, but that's the only reason. For all I know Marriott also have some good options for MIA.

zeel Dec 4, 2018 3:15 pm

Anyone have access to historical data..

I’m looking to find info on BA107 on 10th Nov 2018 and what time the flight landed exactly and what time doors opened as I understand it’s the doors open time that is important ..

Want to check if there is a possible claim ..

PAL62V Dec 4, 2018 3:26 pm


Originally Posted by corporate-wage-slave (Post 30498662)
No, EC261 would apply here, there have been a number of legal cases in the last 2 years connected with Emirates (so transferring in Dubai) which have ended up as giving passengers protection in this situation. As it happens AA's custom and practice is to give hotel accommodation in this scenario, at least for status passengers and business class passengers, even if it was a weather problem. MIA is now quite slick so I doubt you need to worry, all I would do, by way of a precaution, is to have the Hilton and IHG Apps working on your telephone, just in case you get an unhelpful agent. Nevertheless the expense of this would be covered by EC261, as would compensation should that apply. On the return from St Christopher that wouldn't apply on AA, you would best be on the BA service in that scenario.

Can I ask a question here which is prompted by this particular conversation? I have a CEDR claim in at the moment for which I have gotten invaluable advice on FT. But earlier this year, I was on a BA ticketed BNE-SIN-LHR where BNE-SIN was on QF and then connecting with BA for SIN-LHR. The QF leg went tech and we were delayed for 24 hours, finally getting home via QF/BA on a BNE-SYD-HND-LHR. QF sorted hotel, transfers, meals etc so that's all been taken care of. At the time I was told EC261 was not applicable because (a) the tech flight was on QF and (b) the leg affected was not to or from the EU.

Reading the AA related post above, I am beginning to wonder whether I do indeed have a case, seeing that the flight was all BA ticketed and it was to the EU, where I arrived 24 hours late.

What's the thoughts on this please?

abc193 Dec 4, 2018 3:40 pm


Originally Posted by PAL62V (Post 30499067)
Can I ask a question here which is prompted by this particular conversation? I have a CEDR claim in at the moment for which I have gotten invaluable advice on FT. But earlier this year, I was on a BA ticketed BNE-SIN-LHR where BNE-SIN was on QF and then connecting with BA for SIN-LHR. The QF leg went tech and we were delayed for 24 hours, finally getting home via QF/BA on a BNE-SYD-HND-LHR. QF sorted hotel, transfers, meals etc so that's all been taken care of. At the time I was told EC261 was not applicable because (a) the tech flight was on QF and (b) the leg affected was not to or from the EU.

Reading the AA related post above, I am beginning to wonder whether I do indeed have a case, seeing that the flight was all BA ticketed and it was to the EU, where I arrived 24 hours late.

What's the thoughts on this please?

Q1 in this post suggests it's the operating carrier that matters in your situation. I would hazard a guess that in the Emirates/AA situation the origin was ex EU and this was also the flight that led to further complications, which is why it was covered by EC261?

cbagent Dec 4, 2018 3:45 pm


Originally Posted by zeel (Post 30499036)
Anyone have access to historical data..

I’m looking to find info on BA107 on 10th Nov 2018 and what time the flight landed exactly and what time doors opened as I understand it’s the doors open time that is important ..

Want to check if there is a possible claim ..

BA107 10 nov...lhr/dxb...doors open 2131 GMT (0131 local time )

Globaliser Dec 4, 2018 3:45 pm


Originally Posted by zeel (Post 30499036)
I’m looking to find info on BA107 on 10th Nov 2018 and what time the flight landed exactly and what time doors opened ...

https://flightaware.com/live/flight/...245Z/EGLL/OMDB

STD 1235
ATD 1413
STA 2345
ATA 0128

So the arrival delay (like the departure delay) was less than two hours.

Etxebas Dec 4, 2018 4:09 pm


Originally Posted by cbagent (Post 30499138)
BA107 10 nov...lhr/dxb...doors open 2131 GMT (0131 local time )

Where do you look for the doors open time?

PAL62V Dec 5, 2018 3:56 am


Originally Posted by abc193 (Post 30499118)
Q1 in this post suggests it's the operating carrier that matters in your situation. I would hazard a guess that in the Emirates/AA situation the origin was ex EU and this was also the flight that led to further complications, which is why it was covered by EC261?

You may be right. However it's this current thread: https://www.flyertalk.com/forum/brit...overnight.html that had me thinking. The only real difference here is that in this thread, BA is the ticketing and operating carrier, whereas in my situation BA was ticketing but QF was operating that sector. The whole trip was on one PNR therefore I was delayed in arriving at my EU destination having purchased a ticket on an EU carrier.

It's this grey area that I am unsure of and I can't seem to get a clear answer from reading the relevant rules. Has anyone had a similar situation and made a claim?

corporate-wage-slave Dec 5, 2018 4:02 am


Originally Posted by PAL62V (Post 30500702)
QF was operating that sector.

And that is the critical point. QF is not a Community carrier and you were not starting in Europe, see the first few posts in this thread. Ticketing airline has no impact on EC261 questions.

Globaliser Dec 5, 2018 6:38 am


Originally Posted by Etxebas (Post 30499212)
Where do you look for the doors open time?

I don't think that's publicly available. That's one of the bits of help that an insider can give if there's a case that's very close to the line - if cbagent had posted a couple of minutes earlier, I wouldn't have bothered. However, in zeel's case the flight's delay was so far short of any of the prescribed durations that the difference between arrival and doors open really didn't matter.

simons1 Dec 5, 2018 8:57 am


Originally Posted by PAL62V (Post 30500702)
You may be right. However it's this current thread: https://www.flyertalk.com/forum/brit...overnight.html that had me thinking. The only real difference here is that in this thread, BA is the ticketing and operating carrier, whereas in my situation BA was ticketing but QF was operating that sector. The whole trip was on one PNR therefore I was delayed in arriving at my EU destination having purchased a ticket on an EU carrier.

It's this grey area that I am unsure of and I can't seem to get a clear answer from reading the relevant rules. Has anyone had a similar situation and made a claim?

It isn't a grey area. Your delay was caused on a non EU carrier on a flight departing Australia.

Forget the ticketing carrier, it is of no relevance at all.

PAL62V Dec 5, 2018 8:58 am


Originally Posted by simons1 (Post 30501431)


It isn't a grey area. Your delay was caused on a non EU carrier on a flight departing Australia.

Forget the ticketing carrier, it is of no relevance at all.


Originally Posted by corporate-wage-slave (Post 30500712)
And that is the critical point. QF is not a Community carrier and you were not starting in Europe, see the first few posts in this thread. Ticketing airline has no impact on EC261 questions.

Oh well, worth a try! Thanks all.

abc193 Dec 5, 2018 11:12 am


Originally Posted by PAL62V (Post 30501436)
Oh well, worth a try! Thanks all.

Saw this over on the QR forum: https://www.flyertalk.com/forum/qata...ess-story.html

It seems that the primary (and very simplified!) requirements for EC261 to apply is either (i) the flights are operated by an EU airline and (a) is either ex EU or (b) the final destination is in the EU or (ii) a non EU airline with the first leg being ex EU regardless of which leg causes the delay to the final destination.

To be honest I'd never given much thought to factoring this into my plans when booking flights, although with downgrades, re-routing, delays etc all covered that may well swing things for me in the future when considering which inbound flight(s) to take.

Thanks again to all (and CWS) for their extensive knowledge on this topic.

simons1 Dec 5, 2018 11:44 am


Originally Posted by abc193 (Post 30501931)
Saw this over on the QR forum: https://www.flyertalk.com/forum/qata...ess-story.html

It seems that the primary (and very simplified!) requirements for EC261 to apply is either (i) the flights are operated by an EU airline and (a) is either ex EU or (b) the final destination is in the EU or (ii) a non EU airline with the first leg being ex EU regardless of which leg causes the delay to the final destination.

To be honest I'd never given much thought to factoring this into my plans when booking flights, although with downgrades, re-routing, delays etc all covered that may well swing things for me in the future when considering which inbound flight(s) to take.

Thanks again to all (and CWS) for their extensive knowledge on this topic.

I don't really understand your point - the scope of EC261 is covered in the wording.

In the case above courts have determined that LHR to BKK via DOH is a single journey with a change of plane in Doha. Therefore EC261 applies, as a non EU carrier operating from the EU is in scope.

zeel Dec 5, 2018 3:49 pm


Originally Posted by Globaliser (Post 30499139)
https://flightaware.com/live/flight/...245Z/EGLL/OMDB

STD 1235
ATD 1413
STA 2345
ATA 0128

So the arrival delay (like the departure delay) was less than two hours.

thank you :)


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