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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
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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 Apr 25, 18, 4:05 am
  #511  
 
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Originally Posted by craigdthomas View Post
Thanks for that.
The problem with the delay was the ill passenger never boarded the aircraft. The delay was in locating their baggage, which we all know is tagged and in a specific bin.All bins had to be off loaded and checked for the baggage. The flight desk updates confirm this. They were even trying to get permission to fly to LHR with the unlocated 1 bag out of 4. Don't know if that happened.
I would therefore think that the delay was caused by BA contractors not being able to locate something which they should be and should not be an extraordinary event.

I'll go back to BA and explain all this again and see what happens.

Cheers
Personally I would agree with that. Passengers having to be offloaded are part and parcel of any airline operation. I would just give 14 days notice of MCOL.
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Old Apr 26, 18, 10:48 am
  #512  
 
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Hi all, my flight was delayed 4 hours. I am using the BA form to file for EC261 compensation.

I'm at the "Issue Description" page, which asks:

Claiming for expenses

All claims for expenses must include supporting documentation such as receipts and statements.

How would you like to provide your receipts and supporting documents?

Option 1 - Attach to this online form (recommended)

Option 2 - Send by post

Option 3 - I have no expenses
I'm not looking to claim for expenses, just the EC261 compensation. If I select "I have no expenses", will I not get EC261 compensation?
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Old Apr 26, 18, 10:36 pm
  #513  
 
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A friend of mine was caught up on the delayed BA55 from LHR to JNB on 15 April which, I believe, departed the following morning as BA55D (12+ hour delay). My friend submitted a complaint/compensation claim to BA and just received the following response:

Thanks for contacting us. I apologise for the delay in replying to you. I know how upsetting it must have been for you when your flight to Johannesburg on 15 April was delayed due to which you could have missed your connecting flight. I'm sorry for the inconvenience this must have caused to you.

Your claim towards EU compensation has been refused because BA0055 on 15 April was delayed because of aircraft damage caused during ground handling, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.

We take all reasonable measures to avoid delaying a flight and we always consider if there are any operational options available before we make a decision. We’re very sorry the delay was necessary in this case.Thanks for following this up with us. Please feel free to contact us if we can help you any further and I hope we have the chance to welcome you on board again soon.


Is this really grounds to deny EU compensation? I would be grateful for any advice on a way for my friend to progress the issue.

Thanks in advance,

Work-Shy
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Old Apr 26, 18, 11:07 pm
  #514  
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Originally Posted by midnightmartini View Post
Hi all, my flight was delayed 4 hours. I am using the BA form to file for EC261 compensation.

I'm at the "Issue Description" page, which asks:



I'm not looking to claim for expenses, just the EC261 compensation. If I select "I have no expenses", will I not get EC261 compensation?
No. Selecting option 3 confirms that you have no expenses. Your EC261 claim for compensation is not affected by this. You may get it, or not, but that won't depend on whether you have additional expenses or not.
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Old Apr 26, 18, 11:09 pm
  #515  
 
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Originally Posted by midnightmartini View Post
Hi all, my flight was delayed 4 hours. I am using the BA form to file for EC261 compensation.

I'm at the "Issue Description" page, which asks:



I'm not looking to claim for expenses, just the EC261 compensation. If I select "I have no expenses", will I not get EC261 compensation?
yea you will still get the compensation.

Compensation and the reimbursement of expenses (duty of care) are under different articles of the regulation and not tied together. So you can make a compensation claim and not have any expenses. Equally you can claim duty of care but not compensation (because for example the delay was caused by weather.
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Old Apr 27, 18, 12:03 am
  #516  
 
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Originally Posted by Work-Shy View Post
A friend of mine was caught up on the delayed BA55 from LHR to JNB on 15 April which, I believe, departed the following morning as BA55D (12+ hour delay). My friend submitted a complaint/compensation claim to BA and just received the following response:

Thanks for contacting us. I apologise for the delay in replying to you. I know how upsetting it must have been for you when your flight to Johannesburg on 15 April was delayed due to which you could have missed your connecting flight. I'm sorry for the inconvenience this must have caused to you.

Your claim towards EU compensation has been refused because BA0055 on 15 April was delayed because of aircraft damage caused during ground handling, which prevented the aircraft operating as scheduled. Under EU legislation, Im afraid were not liable for a compensation payment in this situation.

We take all reasonable measures to avoid delaying a flight and we always consider if there are any operational options available before we make a decision. Were very sorry the delay was necessary in this case.Thanks for following this up with us. Please feel free to contact us if we can help you any further and I hope we have the chance to welcome you on board again soon.


Is this really grounds to deny EU compensation? I would be grateful for any advice on a way for my friend to progress the issue.

Thanks in advance,

Work-Shy
No it's untrue. Give 14 days notice and then file MCOL. Ground handling at LHR is BA's responsibility and definitely not outside their control.
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Old Apr 27, 18, 12:23 am
  #517  
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Originally Posted by simons1 View Post


No it's untrue. Give 14 days notice and then file MCOL. Ground handling at LHR is BA's responsibility and definitely not outside their control.
Absolutely right. If your friend wants to avoid the hassle of MCOL, it might focus BA’s mind a little if they wrote back advising BA they are responsible for their own ground handling contractors, and asking them to confirm who it was that caused damage to the aircraft. It might push it towards a paralegal beyond the initial brush-off phase, who will recognise the liability.

If this was someone else’s handlers, or an airport support vehicle, then it might be different (and even then there would be different arguments that could be made under EC261) - but my understanding is that it was entirely BA’s.

Open and shut case, imho.
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Old Apr 27, 18, 4:00 am
  #518  
 
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Originally Posted by Work-Shy View Post
Is this really grounds to deny EU compensation? I would be grateful for any advice on a way for my friend to progress the issue.
As others have pointed out, no. Case law here is Siewert v Condor, if you need to provide BA with a very definite legal indication of exactly how on the hook they are in this case. Page 2, here: https://ec.europa.eu/transport/sites...judgements.pdf
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Old Apr 27, 18, 5:59 am
  #519  
 
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Slightly OT, but is there no hope of any compensation whatsoever in the case of a two hour delay (intra-EU)?
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Old Apr 27, 18, 8:39 am
  #520  
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Originally Posted by lisamoir View Post
Hi there, just wondered if anyone can help me out as to where I can find the arrival time of a 2015 British Airways flight please? I've contacted the airline and searched online, but haven't managed to find what I'm looking for.

Flight Details:
Number: BA1465
Date: 15/07/2015
Departure Airport: Edinburgh
Arrival Airport: London Heathrow
I'm not 100% sure I understand all of the ramifications of what happened to you, but FWIW BA1465 landed at Heathrow at 2104Z which would have been 10.04 pm local time. I stress the word "landed" because that is neither the official arrival time nor the time that the doors were opened for passengers to disembark. However, the runway used was 27L, ie the aircraft landed in a westerly direction, so the taxi to the terminal could have been relatively short. In any case, this time can only give you at best a very rough guide to whether or not you might be able to expect something from Virgin.

Source: http://www.lhr-lgw.co.uk/downloads/h...015-07-lhr.zip
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Old Apr 27, 18, 8:41 am
  #521  
 
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My LHR-SJC (BA279) flight got cancelled today.

When I call in, I want to make sure I don't give up any of my EC261 rights. I assume that they will put me on the LHR-SFO which departs/arrives at around the same time but super inconvenient as it lands during rush hour and it will probably take at least an hour to reach SJC where my car is parked. park that absolve them of compensation (no, right, since the airport is not the same)? What compensation is due if the airports are different but the arrival time is the same?

If I get rerouted LHR-LAX-SJC then I will get the full compensation right, unless they point out that the previous option existed?

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Old Apr 27, 18, 8:52 am
  #522  
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Presuming that the reason for the cancellation is not an extraordinary circumstance, compensation will be determined as below. No matter the reason for the cancellation, you are still entitled to ground transport to SJC if routed to SFO.

Correct. If you are routed to SFO and then ground to SJC, thus arriving roughly two hours after your scheduled arrival at SJC, there will be no compensation. BA is, however, responsible for your reasonable ground transport to SJC. It might issue a voucher or ask you to submit a receipt. If the arrival at SJC exceeds three hours, the compensation is EUR 300 and at four hours, it is EUR 600.
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Old Apr 27, 18, 9:05 am
  #523  
 
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Originally Posted by Often1 View Post
Presuming that the reason for the cancellation is not an extraordinary circumstance, compensation will be determined as below. No matter the reason for the cancellation, you are still entitled to ground transport to SJC if routed to SFO.

Correct. If you are routed to SFO and then ground to SJC, thus arriving roughly two hours after your scheduled arrival at SJC, there will be no compensation. BA is, however, responsible for your reasonable ground transport to SJC. It might issue a voucher or ask you to submit a receipt. If the arrival at SJC exceeds three hours, the compensation is EUR 300 and at four hours, it is EUR 600.
Thanks. Good to know that it is total delay to SJC, not just SFO. I doubt that it will take less than 2 hours if passport control at sfo and baggage collection overhead is included.

is there some way to determine the reason for the cancellation? Or if BA will say it's "extraordinary"? This was a 789 so maybe they'll claim the maintenance thing?
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Old Apr 27, 18, 3:50 pm
  #524  
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Originally Posted by no2chem View Post
is there some way to determine the reason for the cancellation? Or if BA will say it's "extraordinary"? This was a 789 so maybe they'll claim the maintenance thing?
The law says it's up to the airline to prove that the cause is extraordinary, not for the passenger to prove otherwise. However I think we can say that it will be due to the Rolls Royce engine issue. I'd be almost certain that BA will claim this is extraordinary, and they would have some grounds for doing this: several judgements in this field have referenced manufacturer's recall as an example of something that could be extraordinary. However that's not the end of the line for passengers - as a number of other more recent judgements have indicated, what airlines do in the aftermath of extraordinary circumstance is very much in scope, and one may argue - for example - one of Europe's largest airlines could reasonably do more to minimise passenger impacts. That said, given these cancellations are being planned in advance, it's probably best to work with the airline to try and come up with outcomes which work well for the customer and therefore avoid a claim on EC261.
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Old Apr 27, 18, 4:20 pm
  #525  
 
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Hello all !
I was on flight BA269, 24th april, that was diverted back to LHR. We got hotel, transportation and some meal vouchers and we departed again 23 hours later. The reason of the diversion was the same as the reason we departed 2 hours late from LHR, a problem with the water pressure as the compressors were not functioning. After about 3 hours flying the captain decided to turn around the aircraft because the system was struggling again and there was no water pressure in the whole system. The reason the captain invoked was hygiene and safety.
As it is a technical issue I guess that we are entitled for the compensation 261/2004 ?!
I tried to complete the claim on British airlines webpage but when I am done with almost all the claim and I just have to submit, I get a sorry message that they have some problems and all my data have been deleted ! Is it something they do on purpose to discourage people on claiming or they just experience some issues with the website?
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