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-   -   The 2018 BA compensation thread: Your guide to Regulation EC261/2004 (https://www.flyertalk.com/forum/british-airways-executive-club/1885572-2018-ba-compensation-thread-your-guide-regulation-ec261-2004-a.html)

Pollyti Jan 15, 18 5:41 pm


Originally Posted by serfty (Post 29297194)
It is up to the carrier to prove this.

In any case, it should be worth your trouble pursuing.

ok thanks. Should there be records of the change of airplane? Surely for safety purposes alone any change in an airplane would need to be recorded somewhere with the airport. BA I would imangine, are obliged to notify Heathrow they intend to have another airplane take off, than the original 777 airplane they had scheduled. .

serfty Jan 15, 18 6:54 pm

If pursuing compensation, I would not be concerned about change of aircraft or records of such if they were originally booked on a 777. That's BA problem

There's plenty of information on how to claim in the first posts of this thread.

wyskevin Jan 15, 18 10:16 pm

Thanks for C-W-S’s introduction which is extremely useful. Last year I raised a question here and he immediately provided great advice. Here I come back to follow up the event. Short story: May 28th, 2017 when I arrived in LHR, my connecting flight to OSL had been cancelled twice. BA finally rebooked me to DUS on the next day. However, my luggage was received in 3 days! In June, I online claimed flight cancellation and luggage delay compensation. In July, 250 Euros for cancellation was approved. In Nov, BA fully covered my claim for 3-days luggage delay, which was 1059.78 Euros. To be honest, this was quite generous but it took too long to get BA’s response.

Globaliser Jan 16, 18 3:07 am


Originally Posted by Janusian (Post 29296764)
My reading of the regs are that I am entitled to compensation of 250 as I arrived over 2 hours late and my original flight was cancelled. It seems a bit odd that if the original flight had taken off and I had arrived at the same time I would not have been due any compensation (as delayed flights have to be 3 hours late) but it does seem to be the regs.

Am I missing anything here?

Only the law of unintended consequences. The entitlement to compensation for a pure delay is not actually in the Regulation, and the oddity (along with lots of other oddities in the way that the Regulation now works) arises because of the way that the Regulation was "interpreted" to create that entitlement.

ng1265 Jan 16, 18 7:07 am

Quick one:
Flight on Saturday LGW-RAK was diverted to CMN (pilot pushed the throttle litterally a couple of hundred meters high due to fog making the landing impossible)
Got diverted to CMN where the plane sat until it got cleared to land in RAK, where we apparently landed around 2.5 hours late.
Obviously this not eligible for EU261, but I had the following questions springing in mind:

1. While we sat on the ground, the crew opened the bar and allowed whatever was left from the service to be bought by the passengers. Wouldn't the duty of care kick in?In such cases, would the pax get a refund from BA?
2. As there were a few flights in the same spot,and we departed within 30 minutes of each other, would a change of plane be OK? e.g. could a pax on a LH flight arriving to CMN 5 planes behind us have gone on board and left with us to minimise the delay?
3. if after an hour we had decided to leave the aircraft and made our own way there, would said costs be refundable by BA?
Bonus question: in the case of diversion, do we get the avios and TPs for the extra legs? :-)

AbileneBound Jan 18, 18 2:43 am

Just wanted to pop back and let you know that my claim, which you can read about in the 2017 thread, has now been paid. This was a claim for a cancellation that BA said was due to the mixed fleet strike (though the route I was flying was not a mixed fleet route).

The adjudication from CEDR was a bit confusing, because, although it said that strikes themselves are not necessarily an "extraordinary circumstance" as they are a consistent risk that the airline must deal with, the adjudicator went on to say that industrial action which affects the airline is not within its control and IS therefore an extraordinary event. To be honest, I'm not sure what kind of strike would not be considered an extraordinary circumstance based on this logic. Regardless of this, the adjudicator took the view that the cancellation of my flight was still a decision that was taken by the airline, when it could have cancelled any other flight. The adjudicator says that some of the cancellations due to the strike would have counted as being caused by extraordinary circumstances, but my flight was not one of them. He doesn't spell it out in as many words, but I am assuming that the point is that if my flight had been operated by mixed fleet staff he would have been more inclined to go with BA's view, whereas if a flight was not operated by mixed fleet staff he would go with the passenger. But as I say, he doesn't spell this out.

Incidentally, the adjudication does have the following words printed on every page: "This document is private and confidential. It must not be disclosed to any person or organisation not directly involved in the adjudication unless this is necessary in order to enforce the decision." I hope and presume I'm not breaking any rules by writing the previous paragraph. This wording may be the cause of the sense that arose in the previous thread that there were NDAs being proffered.

Hope all this helps!

corporate-wage-slave Jan 18, 18 3:01 am


Originally Posted by ng1265 (Post 29299112)
1. While we sat on the ground, the crew opened the bar and allowed whatever was left from the service to be bought by the passengers. Wouldn't the duty of care kick in?In such cases, would the pax get a refund from BA?
2. As there were a few flights in the same spot,and we departed within 30 minutes of each other, would a change of plane be OK? e.g. could a pax on a LH flight arriving to CMN 5 planes behind us have gone on board and left with us to minimise the delay?
3. if after an hour we had decided to leave the aircraft and made our own way there, would said costs be refundable by BA?
Bonus question: in the case of diversion, do we get the avios and TPs for the extra legs? :-)

1) After 3 hours of delay (on a sector of this length, it can be 2 or 4 hours on other sectors) the right of care does kick in. My view is that reasonable BoB can be charged to BA, but to the best of my knowledge no one has yet come forward and confirmed that BA readily pays (or does not pay) in these circumstances.
2) Too hypothetical to be viable - it's not going to happen. The aircraft will remain checked in to the original passengers. There is also the baggage security issue.
3) If you left the aircraft my view is that you are leaving BA's ability to get you to the destination and therefore EC261 stops at that point. The exception would be if the delay was so long that BA's remedy was impractical, and therefore you would be in your rights to rebook yourself and claim the costs. However the CAA's pointers in this area suggest/imply that you would need to be delayed until the following day to be in this area, by which time you would be in a hotel anyway.
Bonus: nope. Only exception I can think of is if you are returned to the point of origin and then flown again the next day on a new flight. However you could perhaps use this as a lever for some customer service ex gratia Avios for the hassle concerned.

corporate-wage-slave Jan 18, 18 3:04 am


Originally Posted by AbileneBound (Post 29307370)
Hope all this helps!

Thanks for this update. I think it reinforces my view that CEDR is best used for those circumstances when precedent and example means you have a very good chance of success. Anything "arguable", in the legal sense, best goes to MCOL or a court case. I suspect BA knows that too.

ng1265 Jan 18, 18 3:06 am

Awesome, thanks C-W-S for the info!

Temych Jan 18, 18 3:10 am


Originally Posted by corporate-wage-slave (Post 29307413)
Anything "arguable", in the legal sense, best goes to MCOL or a court case

Can the court reject the claim saying it should go to adjudicators first?

corporate-wage-slave Jan 18, 18 3:24 am


Originally Posted by Temych (Post 29307424)
Can the court reject the claim saying it should go to adjudicators first?

No. They could reject the case if BA weren't given a proper opportunity to sort out a solution / response to the customer, but there is no requirement to use CEDR. CEDR was brought in because the sheer amount of complaints the CAA was receiving meant they were unable to progress enforcement activities, so the CAA won't look at cases unless CEDR has been used where it is available to the customer.

SK Jan 18, 18 9:43 am

Impossibilium nulla obligatio est
 
I was filling the BA form for compensation/EC261 yesterday and noticed that after several steps, when I reached the contact info webpage of the submission process, I could not proceed, because the frequent flyer number on my reservation was AA (and not BA): When I pressed "next" (or whatever the button said), I got an error message, that the frequent flyer number should contain eight characters (my AA has seven). But that number is pre-filled and greyed out, and could not be changed.

I restarted the whole process, this time having logged in on BA.com (the first time I did as a guest), hoping that my Executive Club FF# would default this time. Nope, same story...

So, the only way I could find to overcome the issue was to choose the option to designate another person as contact, which of course I put myself again. Then the form asks for the BA FF# of the "contact", etc., and the process can be continued to the final submission.

Anyway, I find it weird that the form could not be successfully completed if there is another frequent flyer number associated with the booking.

corporate-wage-slave Jan 18, 18 9:53 am


Originally Posted by SK (Post 29308699)
Anyway, I find it weird that the form could not be successfully completed if there is another frequent flyer number associated with the booking.

Thanks for highlighting this. In that situation you best use the BAEC number and put a note in the open text box to explain you allocated the flight to AA instead. The purpose of that field is to identify you (and higher status will get faster processing) rather than to identify the flight.

Temych Jan 20, 18 8:39 am

My mixed fleet flight was cancelled due to industrial action on 8 July 2017. BA reject the claim citing extraordinary circumstances.
I am about to send a "letter before action". I will keep this thread updated with the progress of my claim.

sonomawine Jan 21, 18 11:13 am


Originally Posted by SFGuy37 (Post 29239781)
BA287 Dec 31st LHR-SFO delayed 4hrs and 1 min.

Thanks!


We were on the same flight and I just realized we might be eligible for compensation. Have you heard back from BA on your claim? They offered to book us on the same flight the next day, which we agreed to as they informed us the delay would be 4 hours. Not sure if that will have any impact on our claim? They did supply us vouchers to the Sofitel and for food.


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