May 22, 2018, 3:28 am
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.
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.
The 2018 BA compensation thread: Your guide to Regulation EC261/2004
Jun 10, 2018, 7:29 am
#706
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Therefore, compensation may be payable under Article 5 1. (c)(iii) and Article 7 1. (c) for my wife and I for EUR 600 and reimbursement of the full cost of the ticket at the price it was bought for the parts of the journey not made. i.e. HEL-NRT and NRT-BNE under Article 8.1. (a)
Don't be silly - if you want AY to take your claim for comp. for cancellation serious, you should leave out the refund claim. It has absolutely no chance.
Jun 10, 2018, 6:29 pm
#707
Join Date: Jul 2016
Programs: BAEC Silver
Posts: 5
What about baggage delays? is there an email address to which you can submit your claims?
Jun 11, 2018, 1:54 am
#709
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ba.com/delays handles this area. BA basically pay for essential replacements for clothing and toiletries (etc) on outbound services but are reluctant to do so on inbound services, though there are occasional exceptions. Baggage claims aren't under EC261 and typically don't get compensation unless there are severe complicating factors.
Jun 11, 2018, 9:45 am
#710
Join Date: Jun 2016
Location: London
Posts: 201
Apologies if this has been addressed previously but as this thread (& previous years) have proved so popular it is tricky wading through them all looking for a similar case.
My parents were on BA559 (FCO-LHR) on Friday 9th June. Boarded on time but when doors closed a delay (~45 mins) was announced by Captain due to ATC strike in France. Clearly this is exempt from 261.
Unfortunately there was then an issue with airbridge which could not be detached. Eventually a tractor was called to push the plane back followed by a further delay awaiting an engineer to inspect for damage.
Eventually departed at 21:22 (scheduled 17:30) with an arrival time of 22:28 (scheduled 19:10) so 3hrs 18min delay (although that is landing time from FR24 so possibly later for doors open).
Where there are 2 sequential causes of a delay, one exempt and the other (predominant) eligible then is EU261 compensation due a) in full, b) pro-rated-unlikely I imagine or c) the time contribution of exempt cause deducted to calculate delay (if so who calculates timings)?
My father says he will submit a claim but I imagine this will certainly be knocked back so would like to establish likelihood of success if taken further.
Many thanks for any advice/experiences
My parents were on BA559 (FCO-LHR) on Friday 9th June. Boarded on time but when doors closed a delay (~45 mins) was announced by Captain due to ATC strike in France. Clearly this is exempt from 261.
Unfortunately there was then an issue with airbridge which could not be detached. Eventually a tractor was called to push the plane back followed by a further delay awaiting an engineer to inspect for damage.
Eventually departed at 21:22 (scheduled 17:30) with an arrival time of 22:28 (scheduled 19:10) so 3hrs 18min delay (although that is landing time from FR24 so possibly later for doors open).
Where there are 2 sequential causes of a delay, one exempt and the other (predominant) eligible then is EU261 compensation due a) in full, b) pro-rated-unlikely I imagine or c) the time contribution of exempt cause deducted to calculate delay (if so who calculates timings)?
My father says he will submit a claim but I imagine this will certainly be knocked back so would like to establish likelihood of success if taken further.
Many thanks for any advice/experiences
Jun 11, 2018, 10:47 am
#711
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Where there are 2 sequential causes of a delay, one exempt and the other (predominant) eligible then is EU261 compensation due a) in full, b) pro-rated-unlikely I imagine or c) the time contribution of exempt cause deducted to calculate delay (if so who calculates timings)?
My father says he will submit a claim but I imagine this will certainly be knocked back so would like to establish likelihood of success if taken further.
Many thanks for any advice/experiences
My father says he will submit a claim but I imagine this will certainly be knocked back so would like to establish likelihood of success if taken further.
Many thanks for any advice/experiences
Flight delayed, me also delayed
I guess your father has nothing to lose by applying but unless there is some error in his favour, this won't get Article 7 compensation. He would achieve slightly more by writing a strongly worded letter to the Élysée Palace.
Jun 11, 2018, 11:05 am
#712
Join Date: Mar 2018
Posts: 47
HI all
I am a little confused but wondered if someone could give me their views.
Was due to fly LIN to LHR at 1955 yesterday (Sunday). Less than 24 hours before, (on Sat eve about 11pm), flight was cancelled. Reason given- Weather. At this point no other flights on this route were cancelled nor was there any other indication of disruption. Flights leaving at similar times on similar routes were unaffected.
Q1) Can I challenge BA on this weather excuse under 261? I don't buy that at that point it was a weather related issue!
I called BA who rebooked me onto a much earlier flight at 1550 on the Sunday. It was our only realistic option. This was only a flying visit to Milan (no pun intended) for a weekend break so lopping off 4 -5 hours of it was a bit frustrating we had to cancel a few things we'd booked.
Q2) Does the fact I cut my minibreak short (even by four hours or so) count for anything? I'm not clear how 261 works here, and even if it doesn't apply whether BA are likely to care? No one wants to have to leave early and it totally changed our plans.
Our new 1550 flight then ended up being severely delayed due to ATC strikes in France by 2+ hours. We had no indication of any issues until boarding.
Q3) I assume this is not covered by 261 as outside BA's control (fair enough), but does it affect my chances of compensation for the original cancellation? (which had nothing to do with ATC). Even if BA decide the whole lot is outside 261's scope am I likely to be compensated in any way for the incovenience?
Sorry for the long post, I'm not alotgether clear on challenging excuses under 261 and what to do if you're forced to leave earlier than planned...
I am a little confused but wondered if someone could give me their views.
Was due to fly LIN to LHR at 1955 yesterday (Sunday). Less than 24 hours before, (on Sat eve about 11pm), flight was cancelled. Reason given- Weather. At this point no other flights on this route were cancelled nor was there any other indication of disruption. Flights leaving at similar times on similar routes were unaffected.
Q1) Can I challenge BA on this weather excuse under 261? I don't buy that at that point it was a weather related issue!
I called BA who rebooked me onto a much earlier flight at 1550 on the Sunday. It was our only realistic option. This was only a flying visit to Milan (no pun intended) for a weekend break so lopping off 4 -5 hours of it was a bit frustrating we had to cancel a few things we'd booked.
Q2) Does the fact I cut my minibreak short (even by four hours or so) count for anything? I'm not clear how 261 works here, and even if it doesn't apply whether BA are likely to care? No one wants to have to leave early and it totally changed our plans.
Our new 1550 flight then ended up being severely delayed due to ATC strikes in France by 2+ hours. We had no indication of any issues until boarding.
Q3) I assume this is not covered by 261 as outside BA's control (fair enough), but does it affect my chances of compensation for the original cancellation? (which had nothing to do with ATC). Even if BA decide the whole lot is outside 261's scope am I likely to be compensated in any way for the incovenience?
Sorry for the long post, I'm not alotgether clear on challenging excuses under 261 and what to do if you're forced to leave earlier than planned...
Jun 11, 2018, 11:19 am
#713
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DOBA589/10JUN
* OPERATIONAL FLIGHT INFO * BA 589 -1 SU 10JUN18
CITY INFO HOUR (LOCAL)
FLIGHT CANCELLED 1512
WEAN
*1A PLANNED FLIGHT INFO* BA 589 -1 SU 10JUN18
APT ARR DY DEP DY CLASS/MEAL EQP GRND EFT TTL
LIN 1955 SU JCDRI/M YB/G 319 1:55
HKMLVNOQSGX/G
LHR 2050 SU 1:55
COMMENTS-
1.LIN LHR - MEMBER OF ONEWORLD
2.LIN LHR - ARRIVES TERMINAL 5
3.LIN LHR - 9/ NON-SMOKING
4.LIN LHR - ET/ ELECTRONIC TKT CANDIDATE
5.LIN LHR - CO2/PAX* 116.94 KG ECO, 116.94 KG PRE
(*):SOURCE:ICAO CARBON EMISSIONS CALCULATOR
CONFIGURATION-
319 C 24 M 107
WEAN meaning "weather", the N means no EC261 payable in BA's view. And it's difficult to get around the fact there was bad weather over Europe yesterday, see the link in my post immediately above and the EuroControl Tweet and map. The map shows the delays at about the time of your flight. MRS was also on strike so I suspect BA were running out of slot options at this point. However if you were to end up in court on this, or CEDR, BA would have to present its proof in this area. It seems likely they would be able to do this. The LCY flight was also cancelled.* OPERATIONAL FLIGHT INFO * BA 589 -1 SU 10JUN18
CITY INFO HOUR (LOCAL)
FLIGHT CANCELLED 1512
WEAN
*1A PLANNED FLIGHT INFO* BA 589 -1 SU 10JUN18
APT ARR DY DEP DY CLASS/MEAL EQP GRND EFT TTL
LIN 1955 SU JCDRI/M YB/G 319 1:55
HKMLVNOQSGX/G
LHR 2050 SU 1:55
COMMENTS-
1.LIN LHR - MEMBER OF ONEWORLD
2.LIN LHR - ARRIVES TERMINAL 5
3.LIN LHR - 9/ NON-SMOKING
4.LIN LHR - ET/ ELECTRONIC TKT CANDIDATE
5.LIN LHR - CO2/PAX* 116.94 KG ECO, 116.94 KG PRE
(*):SOURCE:ICAO CARBON EMISSIONS CALCULATOR
CONFIGURATION-
319 C 24 M 107
As for the delays caused by said weather and strikes, there is no compensation for that. However you could have travelled on the next day's service (and BA would pick up the tab for the hotel / meals) or alternatively gone for the late service from Malpensa, which was also delayed (19:42 instead of 18:55, but somehow only 18 minutes late into LHR). So I don't see much scope for you here, to be honest.
Jun 11, 2018, 12:32 pm
#714
Join Date: Mar 2018
Posts: 47
Thanks CWS
When I called BA within minutes of being told about the cancellation there were no seats left on the MPS flight, and flying the next day wasn't an option as my wife is a doctor and had patients booked in, so the earlier flight was all we could do, indeed it was all we were offered (there was no offer of flying next day).
So, there was effectively no choice but to cut the trip short.
Looks like just a case of bad luck.
When I called BA within minutes of being told about the cancellation there were no seats left on the MPS flight, and flying the next day wasn't an option as my wife is a doctor and had patients booked in, so the earlier flight was all we could do, indeed it was all we were offered (there was no offer of flying next day).
So, there was effectively no choice but to cut the trip short.
Looks like just a case of bad luck.
Jun 11, 2018, 9:02 pm
#715
Join Date: Dec 2011
Location: London, UK
Programs: BA Exec Club, HHonors
Posts: 313
Another one of those “am I due anything?” queries, I’m afraid.
Original routing OTP-LHR-SFO-LAX-HNL, all in F (J on the short hauls), ticketed on AA stock. OTP-LHR-SFO on BA metal, remainder on AA. The SFO-LAX sector was delayed due to weather causing me to just miss my 20:00 hours connection LAX-HNL.*
The best AA could offer within a reasonable timeframe was a flight to LAS and then the overnight Hawaiian service to HNL in Y, departing 0155 and arriving 04:55 (IFE broken and limited BoB service).
Nothing for the delay, as weather-related but, apart from a small violin serenade, anything for the downgrade?
*As an aside, my checked bag somehow made the flight despite us pulling on the gate at the LAX commuter terminal at 19:50 and the HNL flight pushing on time from T4. I still haven’t worked out how that was physically possible.
Original routing OTP-LHR-SFO-LAX-HNL, all in F (J on the short hauls), ticketed on AA stock. OTP-LHR-SFO on BA metal, remainder on AA. The SFO-LAX sector was delayed due to weather causing me to just miss my 20:00 hours connection LAX-HNL.*
The best AA could offer within a reasonable timeframe was a flight to LAS and then the overnight Hawaiian service to HNL in Y, departing 0155 and arriving 04:55 (IFE broken and limited BoB service).
Nothing for the delay, as weather-related but, apart from a small violin serenade, anything for the downgrade?
*As an aside, my checked bag somehow made the flight despite us pulling on the gate at the LAX commuter terminal at 19:50 and the HNL flight pushing on time from T4. I still haven’t worked out how that was physically possible.
Jun 12, 2018, 12:21 am
#716
Join Date: Sep 2004
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I'm wondering if anyone on here can help me clarify if i'm in the same boat re lack of compensation for a recent GLA-LCY flight which was cancelled. Originally i was booked on the BA8721 6.30am flight from Glasgow to London City on the 5th of June. I was advised by BA that the flight had been cancelled, and i was re-booked onto the 10.50am flight (BA8725). This meant i didn't arrive into LCY until more than 4 hours after i was supposed to, and so I submitted an EU claim for compensation. I've had an email back from them this morning saying they cancelled the flight due to bad weather, and therefor arent liable. However, from what i remember of the day, the 7.15am flight (BA8723) still operated.
I know LCY can be prone to fog, and that's fair enough if that's genuinely the case, but it just seems odd to me that they would know there would be fog 8 and half hours ahead with such certainty as to cancel that flight, whilst leaving the next flight - only 45 minutes later - operating.
Any advice on whether i'm onto a loser here, or if i should press BA further would be appreciated.
Efin
I know LCY can be prone to fog, and that's fair enough if that's genuinely the case, but it just seems odd to me that they would know there would be fog 8 and half hours ahead with such certainty as to cancel that flight, whilst leaving the next flight - only 45 minutes later - operating.
Any advice on whether i'm onto a loser here, or if i should press BA further would be appreciated.
Efin
Jun 12, 2018, 2:46 am
#717
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Original routing OTP-LHR-SFO-LAX-HNL, all in F (J on the short hauls), ticketed on AA stock. OTP-LHR-SFO on BA metal, remainder on AA. The SFO-LAX sector was delayed due to weather causing me to just miss my 20:00 hours connection LAX-HNL.*
The best AA could offer within a reasonable timeframe was a flight to LAS and then the overnight Hawaiian service to HNL in Y, departing 0155 and arriving 04:55 (IFE broken and limited BoB service).
The best AA could offer within a reasonable timeframe was a flight to LAS and then the overnight Hawaiian service to HNL in Y, departing 0155 and arriving 04:55 (IFE broken and limited BoB service).
Jun 12, 2018, 2:51 am
#718
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At this remove it's difficult to be sure, it's best to ask a query here within 48 hours since we can still get to the public data at that point. I wonder if in fact it was bad weather on 5 June which prevented the aircraft leaving London (and I seem to recall problems that day). I doubt you will get much further on this, unless BA have made an error and you can demonstrate that more clearly, short of ending up down the CEDR or MCOL routes. It's disappointing BA didn't put you on the next flight, or at least the LGW service (which I know wasn't full) or LHR alternatives.
Jun 12, 2018, 6:49 am
#719
Suspended
Join Date: Jul 2013
Posts: 266
First is 92% full (only 1 seat remaining out of 14), Business is at a minimum 63% full (33 seats taken by status holders/paid seating out of 52, plus bookings by non-status holders).
Sounds like a slightly poor show by revenue management if you can't get two F seats this far out! More important is the first-world problem is finding a flight with half-decent seats upstairs
Jun 12, 2018, 4:19 pm
#720
Suspended
Join Date: Jul 2013
Posts: 266
Post 4
Q9: I understand that I have to be offered rerouting “under comparable transport conditions”. What does this actually mean?
A9: There is no definition of ‘comparable transport conditions’ in the Regulation nor has there been to date any authoritative judicial pronouncement on the matter. It is generally assumed to imply the same class of travel. It could also conceivably cover comparability of number of flights/stopovers. In that sense, an alternative flight with connections may perhaps not necessarily be regarded as constituting “comparable transport conditions” to a direct, non-stop flight.
Q9: I understand that I have to be offered rerouting “under comparable transport conditions”. What does this actually mean?
A9: There is no definition of ‘comparable transport conditions’ in the Regulation nor has there been to date any authoritative judicial pronouncement on the matter. It is generally assumed to imply the same class of travel. It could also conceivably cover comparability of number of flights/stopovers. In that sense, an alternative flight with connections may perhaps not necessarily be regarded as constituting “comparable transport conditions” to a direct, non-stop flight.
Firstly, does comparable transport conditions at least extend to the cabin booked?
E.g. BA have cancelled a given LHR-DOH flight, a F (redemption) passenger is entitled to re-routing, under comparable transport conditions, to their final destination at the earliest opportunity
Does that therefore mean they are entitled to be re-routed in First?