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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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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 Apr 4, 2018, 8:56 am
  #391  
 
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What is the 'going rate' for compensation (avios will do) for having no food in CE (paid for ticket, not redemption)? The original Titan chartered aircraft went tech as we were about to board and the replacement BA aircraft was not catered.
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Old Apr 4, 2018, 9:54 am
  #392  
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Originally Posted by corporate-wage-slave
I gather GCHs are being dealt with within a week or so, Silver maybe 2 or 3 weeks, and anyone else may be a month to 6 weeks. They are overloaded at the moment, after a month I think it is OK to call CR in the UK afternoon.
I'm able to confirm that the current waiting time for a reply from BA CR is around 6 weeks for a non-elite. I submitted a claim for reimbursement of incurred expenses (due to baggage delay) on 7 FEB and received a reply on 21 MAR. The reply (see below) was, however, of no use and didn't address my request for reimbursement at all

I know how upsetting this must have been for you. It is important to us that we offer each of our customers outstanding service and I know this wasn't the case when you travelled. We try to make sure all bags are handled correctly when they are within our care, and I absolutely agree we have let you down. If a bag misses a flight for any reason, we will certainly send it to you as soon as possible. We know how important it is for you to have your belongings, however sometimes we have the wrong information and we can't send your bag to you until we have completed our investigations. This means the process can take longer than expected. However, I'm glad to see your bag arrived two days later in XXX. Thanks again for taking the time to get in touch with us so we could make amends. If you have any questions, please dont hesitate to contact me directly.

The reply seems to suggest that I have complained to BA that my bag was misdelivered and the time it took BA to deliver my bag - but I didn't state a single negative word about how BA dealt with this when I submitted my request for reimbursement. I was actually satisfied with BA delivering the bag to my home address and I'm aware that it is the previous carrier that is to blame for the baggage being misdelivered.

I wrote to BA CR to get reimbursed and it is very frustrating to receive a reply that doesn't address this at all. I guess I'm up for another 6 week of waiting before I will get a reply to my response to the email above reminding BA that I was requesting reimbursement of expenses incurred.

Last edited by SK AAR; Apr 4, 2018 at 11:40 pm Reason: spelling
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Old Apr 4, 2018, 10:03 am
  #393  
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Originally Posted by lincolnite
What is the 'going rate' for compensation (avios will do) for having no food in CE (paid for ticket, not redemption)? The original Titan chartered aircraft went tech as we were about to board and the replacement BA aircraft was not catered.
Not really an EC261 thread issue, but I'd guess 5,000 Avios, maybe a bit more if there were extenuating circumstances (e.g. long flight with an early start).
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Old Apr 5, 2018, 9:40 am
  #394  
 
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Well as expected BA have rejected initially....this was the key part of the response "On the day you were due to travel, Air Traffic Control restricted operations due to adverse weather into a block of air space your aircraft needed to travel through. I’m afraid this was out of our control and caused unforeseen disruption to our schedule"

Details around our cancelled flight were, a) this flight was cancelled the day before operation, b) there were another three four flights successfully operated by BA that day to the destination, numerous others with other operators. c) ba only cancelled three flights of their entire 70-75 flight programme out of LGW that day d) at no point was either airport closed.

To add insult to injury we were moved to a flight 29hours later when there were many flights earlier.

Is it worth the effort of pursuing this, has anyone on ft here suceeded in these circumstances?
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Old Apr 5, 2018, 10:08 am
  #395  
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Originally Posted by Jerseylily2
Well as expected BA have rejected initially....this was the key part of the response "On the day you were due to travel, Air Traffic Control restricted operations due to adverse weather into a block of air space your aircraft needed to travel through. I’m afraid this was out of our control and caused unforeseen disruption to our schedule"

Details around our cancelled flight were, a) this flight was cancelled the day before operation, b) there were another three four flights successfully operated by BA that day to the destination, numerous others with other operators. c) ba only cancelled three flights of their entire 70-75 flight programme out of LGW that day d) at no point was either airport closed.

To add insult to injury we were moved to a flight 29hours later when there were many flights earlier.

Is it worth the effort of pursuing this, has anyone on ft here suceeded in these circumstances?
presumably a follow on to this https://www.flyertalk.com/forum/29542650-post189.html?

cancelling the day before is exactly what I would expect to happen,and has happened, several times this year when poor weather has been expected.

were there seats available on any of the intervening flights?
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Old Apr 5, 2018, 10:23 am
  #396  
 
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Yes.. But I just don't see where the bad weather comes in. All other flights operated, is this just BA choosing 3 flights to cancel presumably working out which would cost them the least.
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Old Apr 5, 2018, 10:27 am
  #397  
 
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Originally Posted by Jerseylily2
As I said you can't actually ring customer relations at the moment as you literally get cut off after being told they are busy so it is probably academic as you have to wait until they contact you. This call 'handling' technique has been in place over a week now. Not nice feeling being cut off. A better practice maybe an automatic follow up note just saying we are working on this but there is a delay or backlog, say after a couple of weeks. That would do it.
I had the same problem not being able to get through to customer relations, I downloaded an app onto my phone called We Q 4 u. You call the normal number via the app but it actually uses an alternative number for customer relations, this number seems less busy and I got through first time
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Old Apr 5, 2018, 10:35 am
  #398  
 
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Originally Posted by bfc2dabone
I had the same problem not being able to get through to customer relations, I downloaded an app onto my phone called We Q 4 u. You call the normal number via the app but it actually uses an alternative number for customer relations, this number seems less busy and I got through first time
.

Very useful ..don't you just love flyertalk.
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Old Apr 5, 2018, 10:38 am
  #399  
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Originally Posted by Jerseylily2
Yes.. But I just don't see where the bad weather comes in. All other flights operated, is this just BA choosing 3 flights to cancel presumably working out which would cost them the least.
the whole thread you posted to at the time was about bad weather during that period so it was certainly there. significantly more disruption from LHR of course. I would imagine when BA proactively decides to cancel flights they do look at loads amongst other things.
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Old Apr 5, 2018, 10:44 am
  #400  
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Originally Posted by KARFA


the whole thread you posted to at the time was about bad weather during that period so it was certainly there. significantly more disruption from LHR of course. I would imagine when BA proactively decides to cancel flights they do look at loads amongst other things.
Not to mention that by looking at loads and choosing some flights over others they may be able to minimize disruption to some passengers.
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Old Apr 5, 2018, 11:03 am
  #401  
 
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Still interested to find out if anyone has suceeded in claiming in these circumstances. Clearly where atc request cut backs of 50 percent there is no way an airline can accommodate but 3 out of 70 flights would seem more doable.
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Old Apr 5, 2018, 11:07 am
  #402  
 
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Originally Posted by corporate-wage-slave
Not really an EC261 thread issue, but I'd guess 5,000 Avios, maybe a bit more if there were extenuating circumstances (e.g. long flight with an early start).
At last a chance to correct the great C-W-S

I think, Sir, that you may have meant "aggravating"
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Old Apr 5, 2018, 11:08 am
  #403  
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Originally Posted by Jerseylily2
Still interested to find out if anyone has suceeded in claiming in these circumstances. Clearly where atc request cut backs of 50 percent there is no way an airline can accommodate but 3 out of 70 flights would seem more doable.
if it’s down to ATC predicted or actual restrictions due to weather then you won’t get compensation.

i don’t quite get your second point? Do you mean the fact that you didn’t get rebooked on a flight until 29 hours later? For the purposes of the compensation level once you go beyond the threshold it doesn’t matter whether you were 5 or 50 hours late. As I noted it really depends on whether seats where available on intervening flights. Auto rebooking for a multiple daily rotation short haul route such as JER should have put you on the next available flight with seats.
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Old Apr 5, 2018, 11:23 am
  #404  
 
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Thanks...it will be a no. Great source of information though.
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Old Apr 5, 2018, 1:17 pm
  #405  
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Originally Posted by Jerseylily2
Still interested to find out if anyone has suceeded in claiming in these circumstances. Clearly where atc request cut backs of 50 percent there is no way an airline can accommodate but 3 out of 70 flights would seem more doable.
To answer your question directly, I'm not aware of BA paying EC261 Article 7 claims when there are proactive cancellations invoked with a weather related motive. And EC261 allows them not to pay Article 7 due to meteorological conditions incompatible with the operation of the flight concerned or air traffic management decisions. So the only way you will get payment (in my view) is if you go to MCOL (CEDR won't be worth doing I feel) and convince a judge that there was more BA could have reasonably done to avoid or mitigate your delay. I suspect BA would contest your MCOL case in court. Counting against you is that this was Beast 2.0, so BA will probably be able to come up with reams of data indicating that the weather was pretty poor/. Counting in your favour is that only 3 flights from LGW were affected and other JER services did operate. Whether you wish to go down this route is up to your appetite for risk and effort: no one here can definitely say you will fail or succeed since that is the judge's decision on the balance of the evidence.
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