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The 2018 BA compensation thread: Your guide to Regulation EC261/2004

The 2018 BA compensation thread: Your guide to Regulation EC261/2004

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Old Dec 17, 18, 5:14 am   -   Wikipost
Please read: This is a community-maintained wiki post containing the most important information from this thread. You may edit the Wiki once you have been on FT for 90 days and have made 90 posts.
 
Last edit by: serfty
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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.
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Old Dec 23, 18, 3:25 am
  #1771  
 
Join Date: Mar 2010
Posts: 672
Originally Posted by seagull88 View Post
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?
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Old Dec 24, 18, 2:08 am
  #1772  
 
Join Date: Sep 2010
Location: Las Vegas
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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!
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Old Dec 24, 18, 2:52 am
  #1773  
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Originally Posted by Geordie405 View Post
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.
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Old Dec 24, 18, 4:09 am
  #1774  
 
Join Date: Sep 2010
Location: Las Vegas
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Posts: 1,526
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.
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Old Dec 26, 18, 2:36 am
  #1775  
 
Join Date: Mar 2013
Posts: 41
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!
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Old Dec 27, 18, 11:17 pm
  #1776  
 
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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!
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Old Dec 28, 18, 12:10 am
  #1777  
 
Join Date: Jun 2008
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Originally Posted by goodison View Post
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,
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Old Dec 28, 18, 2:27 am
  #1778  
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Originally Posted by goodison View Post
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.
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Old Dec 30, 18, 1:59 am
  #1779  
 
Join Date: Sep 2017
Posts: 10
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
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Old Dec 30, 18, 2:04 am
  #1780  
 
Join Date: May 2013
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Originally Posted by suncloud View Post
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
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Old Dec 30, 18, 2:25 am
  #1781  
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Originally Posted by suncloud View Post
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.
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Old Dec 30, 18, 3:08 am
  #1782  
 
Join Date: Sep 2017
Posts: 10
Thanks a lot guys
I'll read through it and will reactivate my claim with BA in due time.
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Old Dec 30, 18, 3:17 pm
  #1783  
 
Join Date: Mar 2016
Posts: 12
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.
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Old Dec 30, 18, 3:42 pm
  #1784  
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Originally Posted by Plu2370 View Post
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.
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Old Jan 1, 19, 2:50 am
  #1785  
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This thread is being closed to ensure good housekeeping. However there is a new thread for 2019 and that can be found here:

The 2019 BA compensation thread: Your guide to Regulation EC261/2004
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