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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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Last edit by: serfty
Wiki Link
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 28, 18, 1:36 am
  #526  
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Originally Posted by Alex Pugna View Post
Hello all !
And hello to you Alex Pugna, and welcome to Flyertalk. Welcome also to the BA forum and you certainly had a difficult travel night. You flight was the BA269 flight LHR to LAX which left LHR 2 hours late on Tuesday 24 April, got nearly 600 miles over the Atlantic past Shannon and then returned all the way back to LHR at a very late hour. The reason being either the loss of the suction pressure needed for the all toilets on board (they don't use water) or a failure of the control systems for it. This is certainly covered by EC261, it's a very straightforward case for 600€ per person, not least because they knew there was a problem before departure and they thought they had fixed it. So yes, kindly make a claim online, I would normally suggest leaving it a few days since once the first few claims have been approved, all subsequent claims should go through quickly. BA's IT is prone to glitches, so I'm not aware of that particular webform falling over that often but it probably does make sense to do screenshots anyway - your input won't be visible to you after successful completion.

There is more on this event here:
BA269 (LHR-LAX) returning to LHR...
and on the external Avherald site here:
Incident: British Airways A388 over Atlantic on Apr 24th 2018, loss of lavatory pressure

If you get a moment, then for the first link by all means give your version of what happened on your flight there, and what happened when you got to London again. I suspect many FTers would be very interested in your account, and it may be useful to others, in terms of what happens in these cases.
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Old Apr 28, 18, 5:34 am
  #527  
 
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Originally Posted by highlandguy View Post
Apologies for posting for a non BA flight but this is the best source of knowledge of EU261 on the fourm so thought it best to post here.

My partner has just had her Flybe flight to NQY cancelled. They are arranging to bus everyone down to Newquay and are telling them it will take 7 hours.

As my partner had a meeting she needs to be at, she has decided to jump in the car and drive down to Newquay herself as it will be quicker (which obviously means she now won't use the return flight)

From looking through the regulation am I right in thinking that by doing this she will now not be entitled to EU261 compensation but instead will need to take the flight refund Flybe are offering.

Thanks in avance for your help.


sorry I canít help with the query but just thought I would post a link to the reason why the LGW-NQY flight was cancelled.
Incident: Flybe E195 at Newquay on Apr 24th 2018, cracked windshield
the aircraft is NQY based and diverted back to NQY as an emergency due to a windscreen issue ! Picture in the avhearld article

​​​​​​​cs
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Old Apr 29, 18, 1:40 pm
  #528  
 
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Originally Posted by no2chem View Post
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?
I have already reported back somewhere in his thread on BAís stance on this exact flight. They refused to pay me and I also failed through CEDR. Let me know how you get on with BA!
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Old Apr 29, 18, 9:41 pm
  #529  
 
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Thank you for the fast reply

I bought my ticket with a travel agency from Sweden. On the ticket it says that I fly with AA operated by BA. I remember that I tried to check in with the AA booking number but it didnt work so I found the BA booking number and it worked to check in. Even the boarding cards had only the BA flight number on them. Do I have to claim at AA or BA ?

As soon as I get some time, I will explain how it happened on the other thread.
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Old Apr 29, 18, 11:45 pm
  #530  
 
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Originally Posted by Alex Pugna View Post
Thank you for the fast reply

I bought my ticket with a travel agency from Sweden. On the ticket it says that I fly with AA operated by BA. I remember that I tried to check in with the AA booking number but it didnt work so I found the BA booking number and it worked to check in. Even the boarding cards had only the BA flight number on them. Do I have to claim at AA or BA ?

As soon as I get some time, I will explain how it happened on the other thread.
You claim with the operating carrier.
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Old Apr 30, 18, 12:06 am
  #531  
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Originally Posted by Gshumway View Post
You claim with the operating carrier.
Indeed so. In other words, regardless of what else is involved, because this happened on a BA aircraft, then you need to liaise directly with BA on this issue, not AA or the travel agency, since under EC261 BA is the company that is responsible for looking after you.
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Old Apr 30, 18, 2:54 am
  #532  
 
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Originally Posted by baileysserpant View Post


I have already reported back somewhere in his thread on BAís stance on this exact flight. They refused to pay me and I also failed through CEDR. Let me know how you get on with BA!
Indeed. How many days advance notice were you given? In my case it was 3...
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Old Apr 30, 18, 7:57 am
  #533  
 
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Originally Posted by armouredant View Post
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
It appears BA are still playing hardball (or, at least, the Indian contact centre)! My friend got the following response after contacting them again and challenging their earlier decision to deny EC261/04 compesation:

"Thanks for coming back to us about your EU compensation claim.As previously advised, your flight BA0055 on 15 April was delayed due to damage not caused by British Airways. This caused a flight safety shortcoming that had to be assessed by our Engineering team.Article 5.3 of the EU Regulation 261/2004 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldnít have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means youíre not entitled to compensation under the EU Regulation for your delayed flight.I realise this will be disappointing for you but I hope this information will help you to understand our decision. Please feel free to contact me directly using the blue link below if I can help you with anything else".

I presume we just progress to a standard "letter before action" and await their next response?
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Old Apr 30, 18, 8:28 am
  #534  
 
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Originally Posted by Work-Shy View Post
I presume we just progress to a standard "letter before action" and await their next response?
I would, yes.
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Old Apr 30, 18, 8:44 am
  #535  
 
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Originally Posted by Work-Shy;29698921
[color=null
I presume we just progress to a standard "letter before action" and await their next response?[/color]
Indeed you do.
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Old Apr 30, 18, 11:43 am
  #536  
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Originally Posted by Work-Shy View Post
It appears BA are still playing hardball (or, at least, the Indian contact centre)! My friend got the following response after contacting them again and challenging their earlier decision to deny EC261/04 compesation:
[This case relates to one of the delayed-overnight JNB flights, due to technical difficulties with the aircraft].

In this specific area, normally CEDR is OK. So what I would do is do a very brief note back to your contact, since s/he has invited you to do this, and say something like "Your reply seems not to take into account Siewert v Condor, particularly clause 19 of the judgement but also clause 17. Can you therefore provide me with a deadlock response so I can take the matter to CEDR forthwith?". By putting something like that in the reply, the agent will either have to do the deadlock release, or refer it to a paralegal.
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Old Apr 30, 18, 12:37 pm
  #537  
 
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Originally Posted by no2chem View Post
Indeed. How many days advance notice were you given? In my case it was 3...
hi, it was 4 days before the flight. B
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Old May 2, 18, 1:34 pm
  #538  
 
Join Date: Apr 2018
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Hello again
Stil no luck with my claim. I tried to do it again today, after my entire trip was over but doesnt work. It works until I have to submit the whole claim and then
"

Sorry, there is a problem

It looks like we are experiencing some technical difficulties at the moment. If you were in the middle of submitting a complaint or claim, your information will have been lost.
We’re very sorry for this inconvenience. Please try again later or contact our Customer Relations team for anything urgent. "

Something else I can do before I email them or call ?
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Old May 2, 18, 1:44 pm
  #539  
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Originally Posted by Alex Pugna View Post
Something else I can do before I email them or call ?
Try another browser or the Incognito mode of Chrome.
new claims:
https://disruptionclaim.britishairways.com/
updates:
https://disruptionclaim.britishairwa...ditionalClaims

and/or try going in under
ba.com/delays
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Old May 3, 18, 2:24 am
  #540  
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Originally Posted by zsc View Post
Wanted to seek some feedback - understand that I would have to wait a while for them to get back to me (initial rejection emailed 12 March).

During the BotE weather cancellations I was due to fly LCY-MAN 3 March night. Flight was cancelled earlier in the day and I was rebooked onto BA1370 departing LHR 0950. At the gate we were told that no cabin crew were available to serve the flight and was left without a gate agent as they rotated to serve another. Hours went by, eventually one came back and made an effort to procure the refreshment vouchers for passengers. Between 0950 and our eventual departure, 3 other flights took off to MAN without incident:

BA1386 (departed 0847 3-Mar)
BA1390 (departed 1124 3-Mar)
BA1394 (departed 1406 3-Mar)

I attempted to be rebooked onto 1390 and 1394 but was told to return to gate. Eventually 1370 departed at 1503hrs. The initial rejection was "shortage of cabin crew due to adverse weather conditions which prevented the aircraft operating as scheduled". My argument was based on two issues: their claim of cabin crew shortage when previous and subsequent flights were served, and secondly, their failure to rebook me onto a flight that would not have resulted in >4 hours delay.

Just wanted a sanity check here, in case I missed out on anything, before I prepare to take this case further. Genuinely unhappy with the way this was handled.
An update regarding this case - more than a month since the initial rejection email, to which I promptly responded through their web link provided. A week ago I sent another email to follow up regarding my challenge to their claim, and have not received a response. What would be the next step to take in this situation?
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