Go Back  FlyerTalk Forums > Miles&Points > Airlines and Mileage Programs > British Airways | Executive Club
Reload this Page >

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

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

    Hide Wikipost
Old Dec 17, 18, 5:14 am   -   Wikipost
Please read: This is a community-maintained wiki post containing the most important information from this thread. You may edit the Wiki once you have been on FT for 90 days and have made 90 posts.
 
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.
Print Wikipost

Closed Thread

Old May 18, 18, 11:14 pm
  #601  
 
Join Date: Jun 2010
Posts: 95
Hello,

I think I might have had a case for EC261 compensation, but my flight delay was last summer. I initially started the process to apply through an agency but after they required onerous sounding powers of attorneys I dropped pursuing it. Now, I'm thinking I should have just applied directly in the first place! I read someplace that the statute for EC261 is *6* years?! That doesn't sound right, but I'm wondering if I should even bother if the delay was 10 months ago. Thanks!
sriirvine is offline  
Old May 19, 18, 12:27 am
  #602  
 
Join Date: Aug 2015
Location: London, UK
Programs: BAEC Gold
Posts: 1,277
Originally Posted by sriirvine View Post
Hello,

I think I might have had a case for EC261 compensation, but my flight delay was last summer. I initially started the process to apply through an agency but after they required onerous sounding powers of attorneys I dropped pursuing it. Now, I'm thinking I should have just applied directly in the first place! I read someplace that the statute for EC261 is *6* years?! That doesn't sound right, but I'm wondering if I should even bother if the delay was 10 months ago. Thanks!
It is indeed six years (!), and if your specific case is clear cut, there’s no use in using an agency.
sriirvine likes this.
armouredant is offline  
Old May 19, 18, 2:33 pm
  #603  
 
Join Date: Jan 2017
Posts: 67
Originally Posted by sriirvine View Post
Hello,

I think I might have had a case for EC261 compensation, but my flight delay was last summer. I initially started the process to apply through an agency but after they required onerous sounding powers of attorneys I dropped pursuing it. Now, I'm thinking I should have just applied directly in the first place! I read someplace that the statute for EC261 is *6* years?! That doesn't sound right, but I'm wondering if I should even bother if the delay was 10 months ago. Thanks!
Make sure you sever all links permanently with the agency before you push on, as this can become a mine field!

I have seen a few cases where the agency or claims company will attempt to obtain 'their' percentage once you win your case.
sriirvine likes this.
Tyzap is offline  
Old May 20, 18, 8:39 am
  #604  
 
Join Date: Jul 2015
Location: London
Programs: BA Gold (GGL/CCR)
Posts: 1,210
Quick check on a cancelled flight and EC261 - LHR > PHL cancelled 8 days prior to departure and I was able to move to the earlier flight (12.40pm departure rather than 5.05pm) with arrival into Philly at 4pm vs. 8pm. While it was annoying to have to take a half day from work, I was glad to still arrive on the same day, but under EC261 given i only had 8 days notice but arrived earlier than my original flight is EC261 applicable? (Am guessing it was the RR B787 issue for the cancellation reason)

Pilot37
Pilot37 is online now  
Old May 20, 18, 8:44 am
  #605  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 39,446
Originally Posted by Pilot37 View Post
Quick check on a cancelled flight and EC261 - LHR > PHL cancelled 8 days prior to departure and I was able to move to the earlier flight (12.40pm departure rather than 5.05pm) with arrival into Philly at 4pm vs. 8pm.
It should be 300€ for that, since you left more than 2 hours before the scheduled time. That's assuming BA is paying up for RR cases and I'm not sure we've seen a pattern for that yet.
corporate-wage-slave is online now  
Old May 20, 18, 8:49 am
  #606  
 
Join Date: Jul 2015
Location: London
Programs: BA Gold (GGL/CCR)
Posts: 1,210
Originally Posted by corporate-wage-slave View Post
It should be 300€ for that, since you left more than 2 hours before the scheduled time. That's assuming BA is paying up for RR cases and I'm not sure we've seen a pattern for that yet.
Many thanks ​​​​​​​cws, in two minds whether I should claim, but if I do and they agree to pay out I’ll let the forum know.

Pilot37
Pilot37 is online now  
Old May 21, 18, 4:34 am
  #607  
 
Join Date: Aug 2013
Posts: 12
Hi,
Hoping I can get some guidance as to whether I have a legitimate claim or not under EC261.

We where flying on BA2168 last week from FLL (14th May 16:55) and where delayed 24 hours due to the inbound flight being diverted to MCO due to severe thunder storm in FLL area. From my perspective there are a couple of justifications to make a claim - weather like this is not particularly exceptional for South Florida and the flight impacted by weather was not our flight (BA2169 actually landed MCO at approximately 14:00 on 14th). Extent of delay wasn't actually announced until 20:00 citing that the plane had not yet departed MCO and was unlikely to until the early hours of the 15th. By which point all alternatives i.e. via MIA had departed for UK.

Are there any elements I need to consider before making a complaint to improve success levels and am I best doing this via web form on BAEC site?

Thanks in advance.
woodards is offline  
Old May 21, 18, 5:16 am
  #608  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 39,446
Originally Posted by woodards View Post
We where flying on BA2168 last week from FLL (14th May 16:55) and where delayed 24 hours due to the inbound flight being diverted to MCO due to severe thunder storm in FLL area. From my perspective there are a couple of justifications to make a claim - weather like this is not particularly exceptional for South Florida and the flight impacted by weather was not our flight (BA2169 actually landed MCO at approximately 14:00 on 14th). Extent of delay wasn't actually announced until 20:00 citing that the plane had not yet departed MCO and was unlikely to until the early hours of the 15th. By which point all alternatives i.e. via MIA had departed for UK.
I think you are going to struggle on this one. I'm fairly certain BA will not pay up unless a court or CEDR tells them to do so, citing extraordinary circumstances / "meteorological conditions incompatible with the operation of the flight concerned". And I'd also be surprised if CEDR were supportive. So by all means send it through the BA webform listed upthread to go through the necessary steps, but the decision you have to make is whether you would be prepared to take it through the court system yourself.

If you do take it to MCOL then yes you may have some grounds which may attract the sympathy of a judge, so weather not being so unusual, that it wasn't directly "the flight concerned", and that perhaps BA could have done more to mitigate the problem by coaching people the relatively short distance to MIA. I am still not that optimistic - one judge may give you the benefit of the doubt, the other may be persuaded by BA's arguments. So this is in expectations management essentially.
corporate-wage-slave is online now  
Old May 21, 18, 5:30 am
  #609  
 
Join Date: Aug 2013
Posts: 12
Originally Posted by corporate-wage-slave View Post
I think you are going to struggle on this one. I'm fairly certain BA will not pay up unless a court or CEDR tells them to do so, citing extraordinary circumstances / "meteorological conditions incompatible with the operation of the flight concerned". And I'd also be surprised if CEDR were supportive. So by all means send it through the BA webform listed upthread to go through the necessary steps, but the decision you have to make is whether you would be prepared to take it through the court system yourself.

If you do take it to MCOL then yes you may have some grounds which may attract the sympathy of a judge, so weather not being so unusual, that it wasn't directly "the flight concerned", and that perhaps BA could have done more to mitigate the problem by coaching people the relatively short distance to MIA. I am still not that optimistic - one judge may give you the benefit of the doubt, the other may be persuaded by BA's arguments. So this is in expectations management essentially.
Thanks CWS, does this statement not hold taken from the Wiki?

15) What about knock-on effects?
This relates to disruption caused by aircraft being in the wrong place, at the wrong time, leading to you being disrupted. For example if you are due to fly from Cape Town to London but your aircraft is still stuck in New York due to a blizzard. In that situation you should be entitled to compensation.
woodards is offline  
Old May 21, 18, 5:33 am
  #610  
FlyerTalk Evangelist
 
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 26,028
Originally Posted by woodards View Post
Thanks CWS, does this statement not hold taken from the Wiki?

15) What about knock-on effects?
This relates to disruption caused by aircraft being in the wrong place, at the wrong time, leading to you being disrupted. For example if you are due to fly from Cape Town to London but your aircraft is still stuck in New York due to a blizzard. In that situation you should be entitled to compensation.
Isn't the applicability of that point irrelevant in your situation since the disruptive weather was at your departure point not somewhere else several thousand miles away?
KARFA is online now  
Old May 21, 18, 5:35 am
  #611  
 
Join Date: Jun 2004
Posts: 1,521
I had delay of 3 hours 40 minutes on direct BA flight LHR-TLV (BA167/03MAY18) due to mechanical issue with hydraulics, requiring change of plane (after rolling delay). Landed at 3:20am instead of 11:35pm. I Claimed EU261 compensation online, BA are trying to get out of it by saying that Israeli law should apply instead - which only offers compensation for 8 hour delay..
From their reply;
"
Under Israeli law, the pertinent piece of legislation that would ordinarily apply to passenger complaints is the Israeli Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions), 2012 (“the ASL”).

The ASL prescribes monetary compensation only in cases of flight delays exceeding eight hours. Although I regret the way your journey with us was affected and I completely understand how inconvenient it must have been, I'm afraid we can't offer you any compensation.
"
I intend to flight this one, up to CEDR/MCOL if required. Any thoughts?
2035 is offline  
Old May 21, 18, 5:37 am
  #612  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 39,446
Originally Posted by woodards View Post
Thanks CWS, does this statement not hold taken from the Wiki?

15) What about knock-on effects?
This relates to disruption caused by aircraft being in the wrong place, at the wrong time, leading to you being disrupted. For example if you are due to fly from Cape Town to London but your aircraft is still stuck in New York due to a blizzard. In that situation you should be entitled to compensation.
That's a very different scenario: the weather in Cape Town has nothing to do with the New York blizzard, and if your flight was delayed it would be a knock-on, or indirectly affecting event; whereas you were in FLL when thunderstorms affected the incoming flight which had a direct effect on your departure. In the first scenario I would expect BA to find another aircraft in LHR to run down to CPT and back; in the second, it's difficult to see how BA could have run alternative aircraft into FLL in those circumstances. Having said that, then still you could try to advance the case: many of the legal precedents around EC261 are only there because someone, somewhere said "no" to received wisdom.
corporate-wage-slave is online now  
Old May 21, 18, 5:39 am
  #613  
FlyerTalk Evangelist
 
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 26,028
Originally Posted by 2035 View Post
I had delay of 3 hours 40 minutes on direct BA flight LHR-TLV (BA167/03MAY18) due to mechanical issue with hydraulics, requiring change of plane (after rolling delay). Landed at 3:20am instead of 11:35pm. I Claimed EU261 compensation online, BA are trying to get out of it by saying that Israeli law should apply instead - which only offers compensation for 8 hour delay..
From their reply;
"
Under Israeli law, the pertinent piece of legislation that would ordinarily apply to passenger complaints is the Israeli Aviation Services Law (Compensation and Assistance for Flight Cancellation or Change of Conditions), 2012 (“the ASL”).

The ASL prescribes monetary compensation only in cases of flight delays exceeding eight hours. Although I regret the way your journey with us was affected and I completely understand how inconvenient it must have been, I'm afraid we can't offer you any compensation.
"
I intend to flight this one, up to CEDR/MCOL if required. Any thoughts?
This is rubbish. EC law does apply, it is an EU registered carrier flying in to the EU. Art 3 of EC261 on Scope clearly covers it:

1. This Regulation shall apply:

(a) to passengers departing from an airport located in the territory of a Member State to which the Treaty applies;

(b) to passengers departing from an airport located in a third country to an airport situated in the territory of a Member State to which the Treaty applies, unless they received benefits or compensation and were given assistance in that third country, if the operating air carrier of the flight concerned is a Community carrier.
KARFA is online now  
Old May 21, 18, 5:41 am
  #614  
 
Join Date: Jun 2004
Posts: 1,521
Originally Posted by KARFA View Post
This is rubbish. EC law does apply, it is an EU registered carrier flying in to the EU. Art 3 of EC261 on Scope clearly covers it:
Flight was departing from London, so I think it should be clear-cut....
I am dual Israeli/UK Citizen residing in Israel, but I don't think this should affect jurisdiction.
2035 is offline  
Old May 21, 18, 5:43 am
  #615  
FlyerTalk Evangelist
 
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 26,028
Originally Posted by 2035 View Post
Flight was departing from London, so I think it should be clear-cut....
Ah, sorry I misread it as TLV-LHR. Yes then any carrier is covered as noted in 1(a).
KARFA is online now  

Thread Tools
Search this Thread