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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)

PAL62V Dec 23, 18 3:25 am


Originally Posted by seagull88 (Post 30565380)
Nice almost exactly like my case. Push the 90 percent probability aspect that's per engine so for both to pass is 1/10*1/10 or one in one hundred. So hardly unexpected.

Also

https://www.paddleyourownkanoo.com/2...t-should-they/

"Thinking of" When others are already taking action. Also if that article is referring to the EASA of 13/04/2018 then its only 900 series, which would explain BA trying to pass off 800 series as 900's. It's hard to tell from the EASA because I've no idea what serial numbers of engines are fitted to what variants.

I was under the impression that it was a fault in BA 787-800 and 900s. Can anyone confirm if that’s the case or is it only 787-900s?

Geordie405 Dec 24, 18 2:08 am

BA 274 delays on 21/12 and misconnect on 22/12
 
I’d appreciate a sanity check on the following situation as it is likely to form the basis of my first EC 261 claim.

Mrs. G405 and I flew on BA274 from LAS to LHR on 21/12 along with Miss G405 who was on a separate booking. Flight was delayed three hours on departure owing to a mechanical issue: one of the cargo bay doors was jammed.

Final destination was NCL on the 1825 departure on 22/12. During the flight we were initially advised that there were no onward domestic connections on 22/12 but on approach to LHR we were told that for a small selection of destinations, including NCL, we’d be met at the plane door on arrival for a direct bus transfer to T5

We were indeed bussed to T5 and our NCL flight was showing delayed until 1921. Having cleared immigration we failed the BP check at flight connections as our flight was now apparently back on time and we were told we’d been offloaded and would need to go to Zone G to be rebooked.

When we arrived at Zone G we were told that Mrs G405 and I had been rebooked onto the BA 1338 2015 departure the following day (so a 26 hour delay) but that Miss G405 had not been rebooked at all. We asked that our return flights be protected and stated our intention to take the train to NCL instead. We were told this was fine and that BA would reimburse the cost of the train tickets etc. Flights do seem to have been protected as the BA 1336 flights show as “Travelled” in MMB.

Arrival into NCL via LNER was 2306 as opposed to 1940 if we’d flown. On this basis I assume we’d each be entitled to €300 “reduced” compensation for a delay of more than 3 but less than 4 hours?

i assume BA will also reimburse us for the HEX tickets as well as the train tickets (Standard Class upgraded to Weekend First on the basis we were booked into Club Europe as this would be comparable accommodation on the train)?

Presumably we could also ask for the TPs and Avios for the LHR - NCL flight or else a refund for that sector?

Thanks!

corporate-wage-slave Dec 24, 18 2:52 am


Originally Posted by Geordie405 (Post 30569437)
When we arrived at Zone G we were told that Mrs G405 and I had been rebooked onto the BA 1338 2015 departure the following day (so a 26 hour delay) but that Miss G405 had not been rebooked at all. We asked that our return flights be protected and stated our intention to take the train to NCL instead. We were told this was fine and that BA would reimburse the cost of the train tickets etc. Flights do seem to have been protected as the BA 1336 flights show as “Travelled” in MMB.

So sticking to the Regulation first, if BA could not get you to NCL before 3 hours but you actually managed it via the train to keep the delay to 3 to 4 hours, then if BA do pay for the train tickets then yes, you are good for 300€ per person. Plus food and drink expenses if relevant.

The Regulation doesn't give a binding requirement on BA to pay the train fare, and stories vary about this, so it's difficult to be categorical. From what you're saying BA may well pay up since you presumably saved them a hotel bill. There's a bit of me that would charge the cheapest possible rail fare, including HEX, and take the Weekend First out of the 300€ but that's just my personal view about how I would approach this. However presumably this approach did save you from food and drink expenses, so you can perhaps rationalise it that way if you prefer.

If BA won't pay the train fare then I think you can rightly do them for the 600€ that a greater than 4 hour delay would entail.

See the ORC guide in the Dashboard for that aspect, but that should be OK unless you go down a refund route (which is unlikely to be sensible).

Welcome hyem and Merry Christmas Geordie405.

Geordie405 Dec 24, 18 4:09 am

Thanks for the insight, the welcome hyem and the Christmas greetings. Season’s Greetings to you too!

In terms of rationalising things, my approach to BA will be to say that I was attempting to mitigate my / their loss. Taking the train actually avoids 3 x €600 payments plus two hotel rooms and subsistence payments. We’ll see what happens when I contact them when I’m back in the US next weekend.

Clareym66 Dec 26, 18 2:36 am

I had a lovely Christmas present from BA..... confirmation that I would get €250 for my delayed flight from Barcelona back in October. Had to go through CEDR as they refused it as usual, the delay was due to a damaged aircraft and they said it was extraordinary. Thanks BA!

goodison Dec 27, 18 11:17 pm

I've had less luck with BA, I've been offered £200 as that's apparently the difference between my original First ticket and the Club World seat I was downgraded to. BA are not acknowledging EC261 applies for a downgrade at 4 days notice due to the 787 engine issues. Have I missed something here? Original details in post 1640 / 1643. Thanks!

richardwft Dec 28, 18 12:10 am


Originally Posted by goodison (Post 30580816)
I've had less luck with BA, I've been offered £200 as that's apparently the difference between my original First ticket and the Club World seat I was downgraded to. BA are not acknowledging EC261 applies for a downgrade at 4 days notice due to the 787 engine issues. Have I missed something here?...

Seems they are desperate to save a bit of money,

corporate-wage-slave Dec 28, 18 2:27 am


Originally Posted by goodison (Post 30580816)
I've had less luck with BA, I've been offered £200 as that's apparently the difference between my original First ticket and the Club World seat I was downgraded to. BA are not acknowledging EC261 applies for a downgrade at 4 days notice due to the 787 engine issues. Have I missed something here? Original details in post 1640 / 1643. Thanks!

That looks like the Involuntary Fare Calculation referenced upthread. Sometimes that is more generous than EC261 but in your case clearly it isn't. As I suggested in post 1641, I would do your own calculation using the Mennens formula referenced above, and tell BA this is what you believe the EC261 calculation to be. In your webform back to BA, say that if they are unable to agree to paying "EC261 Article 10 under the Mennens formula" then could they kindly suggest CEDR as a resolution. You should use the Article 10 reference specifically, in the hope your claim gets passed to someone who would know what it is.

suncloud Dec 30, 18 1:59 am

Ok, looks like my thread was moved here. And now all the good information regarding a claim with lightning strike is gone :(

Can I reactivate a previous claim (May 2018 4h+ delay BA due to lightning strike and missing following flight on same ticket) that BA had denied compensation for? Should I wait for the court decision that was mentioned previously (in January?) to do so?

Thanks :)

simons1 Dec 30, 18 2:04 am


Originally Posted by suncloud (Post 30587201)
Ok, looks like my thread was moved here. And now all the good information regarding a claim with lightning strike is gone :(

Can I reactivate a previous claim (May 2018 4h+ delay BA due to lightning strike and missing following flight on same ticket) that BA had denied compensation for? Should I wait for the court decision that was mentioned previously (in January?) to do so?

Thanks :)

See the information on Bott & Co website.

You have 6 years to make a claim via MCOL.

https://www.bottonline.co.uk/blog/fl...htning-strikes

corporate-wage-slave Dec 30, 18 2:25 am


Originally Posted by suncloud (Post 30587201)
Ok, looks like my thread was moved here. And now all the good information regarding a claim with lightning strike is gone :(

If you go up to post number 1733 you will see the material and responses still there. This main thread has quite a bit of information on lightning strikes and it's easier to find it in one place rather than a dozen. But when Mods merge threads usually the whole thread gets moved, nothing gets deleted, which would in any case require a separate manual process.

suncloud Dec 30, 18 3:08 am

Thanks a lot guys :)
I'll read through it and will reactivate my claim with BA in due time.

Plu2370 Dec 30, 18 3:17 pm

Wondering if anyone could confirm the reason for a delay on a flight a relative was on yesterday please? Not BA though, apologies if this is not allowed.

TOM7674 Birmingham to La Palma 29/12/18, delay was about 6 hours.

Thanks.

golfmad Dec 30, 18 3:42 pm


Originally Posted by Plu2370 (Post 30589148)
Wondering if anyone could confirm the reason for a delay on a flight a relative was on yesterday please? Not BA though, apologies if this is not allowed.

TOM7674 Birmingham to La Palma 29/12/18, delay was about 6 hours.

Thanks.

Hmmm. I can't find BY7674 on Expert Flyer for that date and I'm not sure why that is. That's the site I normally use for checking the reasons for delays. I can see from FlightRadar24 that it certainly was delayed. According to one of the sites that checks whether you're entitled to compensation, the answer is 'yes' although I cannot confirm the veracity of that information.

corporate-wage-slave Jan 1, 19 2:50 am

This thread is being closed to ensure good housekeeping. However there is a new thread for 2019 and that can be found here:

https://www.flyertalk.com/forum/brit...61-2004-a.html


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