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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)

rapidex Mar 14, 2018 3:17 am


Originally Posted by testycal (Post 29522212)
I sat on the BA163 for 4 hours on Feb 28 and Mar 1 while I watched at least one A380 beside our plane being de-iced and it occurred to me that there was no rhyme nor reason why we were not next in queue as we were physically beside the A380..it appeared to me that BA picked and chose the departing aircraft based on factors other than priority in line or passenger convenience

There would be other factors like crew going out of hours and therefore stopping a different flight that would come into play.

corporate-wage-slave Mar 14, 2018 3:47 am


Originally Posted by WorldLux (Post 29519249)
I'm still not convinced that a reduction of rotations is inherently an extraordinary circumstance as BA can prioritise larger aircraft in an attempt to avoid the increased costs of accommodating a larger amount of passengers. I'm currently sifting through flight data to see whether my hypothesis that BA prioritised large airplanes over smaller one is correct.

Any thoughts?

There is definitely a prioritisation in cancellations. BA cancel shorthaul since in operational terms a shorthaul aircraft takes almost the same time resources as a longhaul (runway, de-icing, apron operations and movement) and yet have far fewer passengers, moreover passengers may have relatively easy access to other services, rail and road options. Making alternative arrangements for MAN or LBA is far easier than IKA or even GIB. I don't think this gets your argument much further however.

WorldLux Mar 14, 2018 4:52 am


Originally Posted by corporate-wage-slave (Post 29522797)
There is definitely a prioritisation in cancellations. BA cancel shorthaul since in operational terms a shorthaul aircraft takes almost the same time resources as a longhaul (runway, de-icing, apron operations and movement) and yet have far fewer passengers, moreover passengers may have relatively easy access to other services, rail and road options. Making alternative arrangements for MAN or LBA is far easier than IKA or even GIB. I don't think this gets your argument much further however.

But in my book that would make it a commercial choice within BA's control (contrary to ATC prohibiting all departures/landings, etc). I don't mind BA cancelling smaller flights in favour of larger but I'd expect them to accept all financial consequences arising out of that practice. Particularly if they delay the flight for several hours before canceling (thus preventing passengers to be rebooked on same day flights).

Globaliser Mar 14, 2018 4:59 am


Originally Posted by WorldLux (Post 29522937)
But in my book that would make it a commercial choice within BA's control (contrary to ATC prohibiting all departures/landings, etc).

What if ATC requires BA to cancel 25% of its flights, and then BA having to make a choice as to which flights it cancels? Would you adhere to the same view that because BA makes the choice on the basis of those factors, it's therefore a commercial choice and BA must pay compensation, even though it had no choice but to cancel 25% of its flights so a significant proportion of its passengers were bound to be disrupted for reasons beyond BA's control?

What, then, is the difference if it is truly extraordinary weather that necessitates that 25% of flights are cancelled, and BA must then make decisions on the basis of some factor or other?

And what if BA simply cancelled flights at random rather than for those factors? Would that absolve BA of its liability for compensation?

(Before the technical experts chip in, I know that ATC doesn't actually do that, but I'm using the scenario for the sake of argument.)

WorldLux Mar 14, 2018 6:07 am


Originally Posted by Globaliser (Post 29522950)
What if ATC requires BA to cancel 25% of its flights, and then BA having to make a choice as to which flights it cancels? Would you adhere to the same view that because BA makes the choice on the basis of those factors, it's therefore a commercial choice and BA must pay compensation, even though it had no choice but to cancel 25% of its flights so a significant proportion of its passengers were bound to be disrupted for reasons beyond BA's control?

If the cancellations are random, then I don't see grounds for compensation. If all or nearly all cancellations are affecting short haul flights, then things would IMO be different. Companies around the world make those choice every day. Nothing wrong with that, but if the decision is made on the basis of BA's financial interests (lodging 300 people and rebooking them on long haul services is cheaper than lodging <200 people and rebooking them on trains and flights), then I do see at the very least an argument that compensation is due. Certainly makes more sense to me than making airlines pay compensation when a tire blows and delays the flight...

Shl Mar 16, 2018 10:33 am

Need some urgent help
 
Hi there, I need some urgent help with a canceled flight.

My GF is booked on https://www.flightstats.com/v2/fligh.../319/2018/3/17 BA319 CDG-LHR
She is a BAEC Gold member and was just called and informed that her flight has been canceled.
They have rebooked her on a flight next morning Sunday and said the other flight in the evening would be full.
My GF asked for Hotel, Accommodation or Compensation -> THEY DENIED ALL and did not provide any reason why the flight has been canceled.

Question: What would you suggest my GF to do now? Shall she insist being booked on the evening flight? Or what would she be entitled to if flying Morning Sunday?

The person on the phone was just rude and not providing any real assistance, just informing about the re-booking.

Any help appreciated.

corporate-wage-slave Mar 16, 2018 10:38 am


Originally Posted by Shl (Post 29532256)
Hi there, I need some urgent help with a canceled flight.<br />

1) Keep an eye on flight availability to CDG - this is usually a fast moving situation so availability will pop up at any time.
2) You're only allowed to make one change - ignoring automatic changes. This can be over-ridden in certain circumstances by a supervisor, but it's best not to accept an imperfect outcome given point 1.
3) EC261 right of care applies, so if BA don't book a hotel for her, she can do it herself, best not to spend £200 for the hotel, and keep taxi fares under £50, but these are guidelines rather than rules. She can also claim reasonable food, drink and communication costs, but best steer clear of claiming alcohol. Keep and photo the receipts.
4) You are also allowed to reroute via (e.g.) any LCY-ORY service or LHR-BRU + train, anything within 300 miles of CDG, but on paper (but not necessarily in reality) any additional transport costs are for own account.
5) Detailed guidance on EC261 can be found at the top of the thread.

FlyerTalker39574 Mar 16, 2018 10:43 am

There’s a BA code on Vueling 20.30 CDG-LGW.

Shl Mar 16, 2018 10:45 am


Originally Posted by corporate-wage-slave (Post 29532294)
1) Keep an eye on flight availability to CDG - this is usually a fast moving situation so availability will pop up at any time.
2) You're only allowed to make one change - ignoring automatic changes. This can be over-ridden in certain circumstances by a supervisor, but it's best not to accept an imperfect outcome given point 1.
3) EC261 right of care applies, so if BA don't book a hotel for her, she can do it herself, best not to spend £200 for the hotel, and keep taxi fares under £50, but these are guidelines rather than rules. She can also claim reasonable food, drink and communication costs, but best steer clear of claiming alcohol. Keep and photo the receipts.
4) You are also allowed to reroute via (e.g.) any LCY-ORY service or LHR-BRU + train, anything within 300 miles of CDG, but on paper (but not necessarily in reality) any additional transport costs are for own account.
5) Detailed guidance on EC261 can be found at the top of the thread.

Thanks for the details.
Actually flight is out of CDG to LHR
I saw there are many cancelations into LHR related to weather.
Would your points also be covered if a weather related cancelation?

And so from what I understand, better not accepting any unprefeable option, correct?

simons1 Mar 16, 2018 10:48 am

I see Emirates has been refused leave to appeal to the Supreme Court over the connecting flights issue. Another step in bringing clarity to EC261

Emirates loses UK compensation court case | GulfNews.com

FlyerTalker39574 Mar 16, 2018 10:48 am

Perhaps check the weather forecast for LON airports for this weekend and decide if the Eurostar might be a less hassle option.

corporate-wage-slave Mar 16, 2018 10:48 am


Originally Posted by Shl (Post 29532327)
Would your points also be covered if a weather related cancelation?

And so from what I understand, better not accepting any unprefeable option, correct?

Yes, weather is included in right to care, see the early posts in this thread, and yes, best accept a solution which is OK rather than not OK.

Shl Mar 16, 2018 11:01 am

Thank you Corporate-Wage-Slave and richardwft for your swift help with this! She is on the phone with BA to check the Vueling option. I can see them still selling tickets for tomorrow.

bfc2dabone Mar 16, 2018 12:25 pm

ba2733 toilet blockage
 
hello, first time poster but i've been reading the forum as a non member for quite a while and appreciate all the info i get from it, thanks

so my question

I was on BA2733 from ACE to Gatwick on the 8th March, we arrived back at Gatwick over 3 hours late, the captain came to the gate and explained that the 2 rear toilets had become blocked during the outbound flight and the aircraft was therefore unable to fly until the blockage had been sorted out, this was done and we took off around 4 hours late and arrived back over 3 hours late, on the way back the toilets again became blocked around 2 hours into the flight.

Would I be initialled to compensation under these circumstances.

Thanks

simons1 Mar 16, 2018 12:54 pm


Originally Posted by bfc2dabone (Post 29532739)
hello, first time poster but i've been reading the forum as a non member for quite a while and appreciate all the info i get from it, thanks

so my question

I was on BA2733 from ACE to Gatwick on the 8th March, we arrived back at Gatwick over 3 hours late, the captain came to the gate and explained that the 2 rear toilets had become blocked during the outbound flight and the aircraft was therefore unable to fly until the blockage had been sorted out, this was done and we took off around 4 hours late and arrived back over 3 hours late, on the way back the toilets again became blocked around 2 hours into the flight.

Would I be initialled to compensation under these circumstances.

Thanks

Welcome to FT.

Yes - standard compensation claim there due to technical fault.


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