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

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Old May 22, 2018, 3:28 am
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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.
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The 2018 BA compensation thread: Your guide to Regulation EC261/2004

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Old Mar 22, 2018, 1:16 pm
  #361  
 
Join Date: Nov 2017
Location: Surrey
Programs: BA Gold
Posts: 107
Originally Posted by Ajm1987
Quick report back on this: £100 for taxi and £7 refunded for a sandwhich/coffee en route. More than fair and handled well by BA all in all. Thanks for advice all! Now to decide where to fly to get the tier points I missed out on and get silver!
It's just occured to me, given my ticket wasn't refunded and I took alternative transport, does that mean I can get ORC? (I'm guessing this is reaching!)
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Old Mar 22, 2018, 3:23 pm
  #362  
 
Join Date: Mar 2014
Programs: BA Gold
Posts: 87
Any advice on this one would be appreciated.

Was originally booked (paid CE) LCY - AMS on BA8489 on 20 March. Scheduled departure 11:00, scheduled arrival 13:00. The flight was cancelled around 09:30 because of a technical problem with the aircraft. I was rebooked onto the BA2289 LCY - AMS scheduled departure 11:50, scheduled arrival 13:50. That flight did not end up departing until 13:29, arriving into AMS at 15:28 – reason given for the delay was late inbound aircraft.

tl;dr I was originally due to land in AMS at 13:00, I actually landed at 15:28. Anything due?

Thanks
JF
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Old Mar 22, 2018, 3:31 pm
  #363  
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Originally Posted by JackFlash
I was originally due to land in AMS at 13:00, I actually landed at 15:28. Anything due?
Assuming the cancellation was not extraordinary, then my reading is that you are due 250€, since the original flight was a cancellation. If it was purely a single delayed flight it would be 3 hours, but cancellations are treated slightly differently.
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Old Mar 22, 2018, 3:57 pm
  #364  
 
Join Date: Nov 2005
Location: London, UK
Programs: Marriott Platinum, BA
Posts: 293
Originally Posted by corporate-wage-slave
This was in the middle of #Beast 1.0 so there certainly was bad weather around at the time. There is a general and fairly broad exemption for bad weather in the Regulation and I doubt BA would be paying much EC261 Article 7 compensation on that particular day. Your argument is presumably that the weather had little or nothing to do with your delay and in that respect you will need to convince CEDR rather than anyone else. In the case of MCOL the emphasis is the other way around, it would be up to BA to prove the delay was caused by "meteorological conditions incompatible with the operation of the flight concerned", or alternatively extraordinary circumstance. It's the sort of thing where all you can do is play out your arguments and let the adjudicator or judge decide.
Thanks c-w-s, sage advice, I will persue through MCOL
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Old Mar 22, 2018, 4:08 pm
  #365  
 
Join Date: Mar 2014
Programs: BA Gold
Posts: 87
Originally Posted by corporate-wage-slave
Assuming the cancellation was not extraordinary, then my reading is that you are due 250€, since the original flight was a cancellation. If it was purely a single delayed flight it would be 3 hours, but cancellations are treated slightly differently.
Thanks, that's my reading too. Have filed a claim, will report back.
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Old Mar 23, 2018, 3:42 am
  #366  
 
Join Date: Mar 2018
Posts: 99
Thumbs up

Originally Posted by simons1
Welcome to FT.

Yes - standard compensation claim there due to technical fault.

Quick update, I've had a call from BA today and compensation will be in my account in 3-5 days, thanks for your help with this
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Old Mar 23, 2018, 4:27 pm
  #367  
 
Join Date: Feb 2013
Posts: 12
Originally Posted by JackFlash
Any advice on this one would be appreciated.

Was originally booked (paid CE) LCY - AMS on BA8489 on 20 March. Scheduled departure 11:00, scheduled arrival 13:00. The flight was cancelled around 09:30 because of a technical problem with the aircraft. I was rebooked onto the BA2289 LCY - AMS scheduled departure 11:50, scheduled arrival 13:50. That flight did not end up departing until 13:29, arriving into AMS at 15:28 – reason given for the delay was late inbound aircraft.

tl;dr I was originally due to land in AMS at 13:00, I actually landed at 15:28. Anything due?

Thanks
JF
I had a similar situation a couple of months ago. BA initially refused stating my delay was less than 3 hours. I pushed back stating it was a cancellation so different rules applied and they relented and paid what was due.
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Old Mar 25, 2018, 9:10 am
  #368  
 
Join Date: Feb 2010
Location: AUS
Programs: AA EXP/OW Emerald
Posts: 352
I missed my LHR-ATL flight due to late arriving inbound (BA computer issues affecting BLR-LHR on Mar 24th) and was rerouted LHR-IAD-ATL. Scheduled arrival difference of 4 hour 7 minutes so I know I am good for the EUR 600. I was in WTP and routed as such to IAD but then regular domestic economy IAD-ATL on United. I strongly suggested at flight connections domestic first would be comparable to WTP all the way to ATL but was denied continually being told there is no premium economy class on that flight (duh).

Am I due the 30% ticket refund for being downgraded on a <1500 km segment? If I were in CE I think it would be an obvious yes, but WTP seems like it could be a gray area.

Somewhat related to this but wondering FT'er experiences on something. I was a bit surprised I was offloaded on LHR-ATL. I presented myself at T5B security (both my arrival and departure flights were T5B so easy fast connection) about 25 minutes prior to scheduled departure to learn I was offloaded already. Additionally, the LHR-ATL flight departed 30 minutes late anyway, so I was there almost a full hour prior to actual departure. I've experienced AA holding flights like this (after all, holding a few minutes for a 10 hour flight is minor in the grand scheme of things) for connecting passengers, I was a bit miffed that BA didn't seem to care at all and went completely by the book without any contact to me in advance what so ever (no notification on the inbound plane about my situation, text messages, person with a sign when exiting the plane, etc.). Is this par for the course? I expected at least a little above and beyond. AA at least makes me feel like they care in these situations.
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Old Mar 25, 2018, 9:16 am
  #369  
 
Join Date: Jan 2008
Posts: 1,492
Originally Posted by Azulcactus
I presented myself at T5B security (both my arrival and departure flights were T5B so easy fast connection) about 25 minutes prior to scheduled departure to learn I was offloaded already.
due to Heathrow conformance in T5, your boarding pass stops working at security at T-35
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Old Mar 25, 2018, 9:25 am
  #370  
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I think you were somewhat unlucky there.I was aware of this missed connection, you weren't the only person affected, and they made the decision to rebook everyone, thinking the connection would end up being about 15 minutes. In the end you had a somewhat speedy entry into LHR and to the gate, an intra T5B connection (which they did know), an unexpected delay on the ATL service and so actually it would have been possible to make the service. Once they decide you're not going to be on the next service it's difficult to change that, since the bags would be whizzing off to the rebooked services, so they don't bother with Express Connections staff either. It is kind of hypothetical in that you can claim the delay compensation or Involuntary Denied Boarding, but not both, and it's the same sum either way. So you may as well stick to the delay compensation, that should be relatively quick to obtain.

You will only get a modest refund for the 500 mile sector in domestic economy. I would regard it as a downgrade, but it is pro rata to the distance and 500 miles on something like 18,000 miles of travel (assuming a return ticket) isn't going to amount to much at 30% refund for that sector. I would be tempted to approach Customer Relations and say "I know I can claim for a refund for the downgraded sector by EC261, but we both know the sum of money will be small, so instead can you give me an ex gratia award of Avios covering the hassle factor and in return for not claiming the refund?".
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Old Mar 25, 2018, 11:29 am
  #371  
 
Join Date: Feb 2010
Location: AUS
Programs: AA EXP/OW Emerald
Posts: 352
Originally Posted by corporate-wage-slave
I think you were somewhat unlucky there.I was aware of this missed connection, you weren't the only person affected, and they made the decision to rebook everyone, thinking the connection would end up being about 15 minutes. In the end you had a somewhat speedy entry into LHR and to the gate, an intra T5B connection (which they did know), an unexpected delay on the ATL service and so actually it would have been possible to make the service. Once they decide you're not going to be on the next service it's difficult to change that, since the bags would be whizzing off to the rebooked services, so they don't bother with Express Connections staff either. It is kind of hypothetical in that you can claim the delay compensation or Involuntary Denied Boarding, but not both, and it's the same sum either way. So you may as well stick to the delay compensation, that should be relatively quick to obtain.

You will only get a modest refund for the 500 mile sector in domestic economy. I would regard it as a downgrade, but it is pro rata to the distance and 500 miles on something like 18,000 miles of travel (assuming a return ticket) isn't going to amount to much at 30% refund for that sector. I would be tempted to approach Customer Relations and say "I know I can claim for a refund for the downgraded sector by EC261, but we both know the sum of money will be small, so instead can you give me an ex gratia award of Avios covering the hassle factor and in return for not claiming the refund?".
Thanks for the great info. I too was wondering about making a counter offer for the domestic economy. It was a round trip, so pro-rating that leg only, against what I paid, and 30% of that, I think we're talking about $22. Honestly, I'm more interested about getting my original routing credit to my AA account for elite points and miles (the UA leg is completely lost points for me, I don't travel with them at all) and while I don't collect Avios, I suppose I could start. Is asking for miles (elite, redeemable or otherwise) to be credited to a partner (AA) a possibility?

Last edited by Azulcactus; Mar 25, 2018 at 12:01 pm
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Old Mar 26, 2018, 9:53 am
  #372  
 
Join Date: May 2017
Posts: 16
A fellow flyertalker, Kropotkin, posted here (posts 98, 101 and 103) . He reported that BA0226 from ATL to LHR, scheduled to leave at 9pm, was delayed overnight, as the crew could not fly at the scheduled time due to having had insufficient rest. I was also on that flight. We were told that the hotel the crew stayed at in Atlanta (downtown, not anywhere near the airport) was staging a rap concert that evening and was very noisy. The crew were also delayed in arriving at the airport the next morning, so we even missed the re-scheduled departure time, as they were stuck in downtown traffic. It had been a big party weekend in ATL, with not only the concert, but also with a huge football game taking place. I think that extra big amounts of downtown morning rush traffic -that much at least - should have been obvious to the crew. My husband made a claim to BA but was refused compensation as BA claimed it was due to circumstances beyond their control.

I was therefore most surprised - and delighted - to receive this email yesterday -
"Thanks for your previous email regarding EU compensation. I'm pleased to advise you that the delay to BA0226 on 08 January has be reassessed. This flight is now eligible for EU compensation.
The distance of your disrupted journey was over 3,500km and this has been calculated in accordance with EU legislation. This means you’re entitled to €1,200.00 in compensation.
The total amount of compensation you’re due is £1,047.08 as there’s two passengers included in your claim. I’m arranging for £1,047.08 to be transferred to your Bank account using the details you provided.
Please again accept my apologies for the delay to your flight. If I can be of further assistance please use the link below my name to send me a reply.
Best regards
***** *********
British Airways Customer Relations.

I guess someone must have taken their claim further than we did, with successful results. Anyone here heard anything about this?
Perhaps it was Kropotkin. Kropotkin, I hope you are offered the same.
And thank you to whoever did cause this flight to be reassessed.
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Old Mar 27, 2018, 2:21 am
  #373  
 
Join Date: Oct 2015
Posts: 90
Delayed BA295 on 19th March 2018

Originally Posted by djbenedict
I'm trying to understand whether EU261 compensation is due for this flight from LHR-ORD. It was scheduled to depart/arrive at 1205/1555 (local times) and actually departed/arrived at 1642/1937, an arrival delay of 3h42 [...] The reason given by the pilot for the late departure was the delayed inbound arrival of G-BYGC and the lack of an alternative plane.

[...] I think [...] that, this being a category 3 flight and the delay being under 4 hours, that passengers are entitled to the €300 reduced amount of compensation.
I've just been contacted by BA customer relations to say that they agree with the reasoning and compensation amount above. Time between submitting complaint and this contact approximately 6 days.
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Old Mar 29, 2018, 7:09 am
  #374  
 
Join Date: Jan 2018
Posts: 2
Hello! This seems like an incredibly helpful and supportive forum so I just wanted to say that I am following the outcomes of Tim_T and Temych with interest. Keep up the good work all!

Short description of my situation: my family and I were booked from MAN to SEA on flights BA1385 (MAN-LHR) and BA0053 (LHR-SEA) on Saturday 22 July 2017. According to (a link on flyertalk that I cannot yet post) it was flight BA0053 which was cancelled and according to (another such link) the Seattle leg is a mixed fleet route and hence BA are currently refusing compensation. We were rebooked on the same flights the following day and so ended up arriving in SEA with 24 hours delay

My current plan is to wait for the result of the processes from the two above users rather than tread the same course. Is that the best plan? Or am I missing something? Thanks! Dom
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Old Mar 29, 2018, 9:43 am
  #375  
 
Join Date: Jan 2015
Location: Bangkok / London
Programs: BA Silver, AmEx Platinum, AVIS Presidents Club, Marriott Titanium Elite
Posts: 1,107
BA rejected my claim for a cancellation during their never ending strike period (CPH-LHR, long saga I won’t repeat here, but basically I refused to stay overnight and flew home on my own money as I had to be home and they wouldn’t pay out as I voluntarily ended my journey according to them).

Tried Bott and Co after reading a few posts on here and they have just accepted it but after the fees etc I get closer to £140.

Infuriating, obviously. But better than zero.
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