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

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Old May 22, 2018, 3:28 am
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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.
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The 2018 BA compensation thread: Your guide to Regulation EC261/2004

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Old Jul 1, 2018, 3:05 am
  #826  
 
Join Date: May 2013
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Originally Posted by corporate-wage-slave
Y for EC261.
I thought passengers were supposed to be advised of their rights under EC261?
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Old Jul 1, 2018, 3:30 am
  #827  
 
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C-W-S - again, thank you
As this is my first ever experience of a cancellation / reroute in about 130 BA flights (don't know if that makes me very lucky or just average, though I have had plenty of delays) it'll be interesting to work through the process and see what happens. Happy enough that I should have no problem with the TPs, anything else will be a complete bonus!
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Old Jul 1, 2018, 3:59 am
  #828  
 
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Last quick question - can the EC261 / the rest be split into two pieces? ie 1: you cancelled my flight and I claim my EC261 and 2: the other stuff?
Or is it best all addressed at once?
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Old Jul 1, 2018, 4:29 am
  #829  
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Originally Posted by LBP2
Last quick question - can the EC261 / the rest be split into two pieces? ie 1: you cancelled my flight and I claim my EC261 and 2: the other stuff?
Or is it best all addressed at once?
That's why I suggested calling CR to see if you can get a one call resolution on this. The Article 7 compensation and train fare should be quickly dealt with, the downgrade will take a long time for a small sum of money.
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Old Jul 1, 2018, 4:41 am
  #830  
 
Join Date: Nov 2010
Posts: 5,596
Originally Posted by LBP2
Last quick question - can the EC261 / the rest be split into two pieces? ie 1: you cancelled my flight and I claim my EC261 and 2: the other stuff?
Or is it best all addressed at once?
Mrs rapidex and I got stuck in IST for a night last November when the aircraft went tech. The ground staff rebooked us next to last, which as a GGL passenger was pretty poor. When I got home I phoned customer relations in Newcastle, ready to complain, and have a battle. However, I got a very sympathetic representative, who processed the EU261 claim and we had the money a few days later, and gave us 20000 Avios each straight off. And he asked if I was happy with that. I was rather speechless at the time.

Based on that sample of 1, I would call Newcastle and talk them through the whole series of events. You may get a decent result out of it, without the need for argument. It will not change your statutory rights if they say no.
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Old Jul 1, 2018, 5:44 am
  #831  
 
Join Date: Jul 2015
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Having just got off the phone with an absolutely charming M***** in Newcastle;
  • EC261 (£220.94) has been processed (he did the same Google estimate SOU-LGW and also came up with 90 mins, was very clear that was +2hours from scheduled arrival and no quibble whatsoever)
  • train ticket refunded (emailed him the receipt direct)
  • original routing credit has been requested
All of the above should be completed within a week, and if not I am to call back and ask for him and he'd pick it up again.

He wasn't sure about the TP impact of requesting an involuntary downgrade refund, and as I would rather have the TPs we agreed to see what ends up posting, and maybe review after the rest completes. At this point he couldn't offer any further Avios for my inconvenience. Start to finish its was dealt with in 11 minutes.

Completely impressed and pretty much speechless too. Given some of the battles I read on here I am sure that there are 2 very different BAs and I am just fortunate to fly with the 'better' one!

So having completed my 'complaint' I'll now submit a golden ticket to reflect the excellent service I just received
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Old Jul 1, 2018, 5:48 am
  #832  
 
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Originally Posted by LBP2
Having just got off the phone with an absolutely charming M***** in Newcastle;
  • EC261 (£220.94) has been processed (he did the same Google estimate SOU-LGW and also came up with 90 mins, was very clear that was +2hours from scheduled arrival and no quibble whatsoever)
  • train ticket refunded (emailed him the receipt direct)
  • original routing credit has been requested
All of the above should be completed within a week, and if not I am to call back and ask for him and he'd pick it up again.

He wasn't sure about the TP impact of requesting an involuntary downgrade refund, and as I would rather have the TPs we agreed to see what ends up posting, and maybe review after the rest completes. At this point he couldn't offer any further Avios for my inconvenience. Start to finish its was dealt with in 11 minutes.

Completely impressed and pretty much speechless too. Given some of the battles I read on here I am sure that there are 2 very different BAs and I am just fortunate to fly with the 'better' one!

So having completed my 'complaint' I'll now submit a golden ticket to reflect the excellent service I just received
Thanks for posting back LBP2, it's always good to hear how these situations get resolved. A good outcome and also nice to hear a positive report about the call centre.
Well done to c-w-s as well. Advice spot on as usual.
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Old Jul 1, 2018, 2:11 pm
  #833  
 
Join Date: Apr 2009
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*snip* No longer relevant

Last edited by Hellfire; Jul 20, 2018 at 1:38 pm Reason: Delete
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Old Jul 2, 2018, 3:13 pm
  #834  
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Hi All

Question for the experts and to see if this would be worth pursuing. Have advised a friend who was on the BA155 LHR-CAI on 30th June to put a claim in for EC261.

STD from LHR 17:15hrs. Not sure if that was the actual pushback time but when they did push back, they were then parked on the apron and the captain explained there would be a 40 minute delay due to ATC restrictions so they were going to switch the engines off and wait. When the ATC delay elapsed and engine start up commenced, a fault had developed and they were towed back to stand where everyone had to disembark and await a replacement aircraft.

New departure time was 21:40hrs and arrived into CAI at 02:46hrs on 1st July (not sure if FR24 show landing time or actual arrival time) which makes it at the very least a 3hr 46min delay (STA 23:00hrs).

Is it worthwhile my mate pursuing or will he be given the runaround due to the initial delay being caused by ATC? Only by reading this thread and the experience of others did I think he should have a decent chance of claiming but am mindful that he may get a bit of pushback from BA. No mention of EC261 whilst awaiting the replacement aircraft and think he went to one of the pay in lounges whilst he waited.

Thanks for your your thoughts and advice.

S
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Old Jul 4, 2018, 12:17 am
  #835  
 
Join Date: Jul 2015
Location: London
Programs: BAEC Gold
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Originally Posted by gcuk
Thanks for posting back LBP2, it's always good to hear how these situations get resolved. A good outcome and also nice to hear a positive report about the call centre.
Well done to c-w-s as well. Advice spot on as usual.
Just to finish this off completely, M***** was as good as his word and I have 2 BA payments into my bank account this morning (EC261+train) and my BAEC account has an additional 40TPs and 1750 Avios.
You really can't get much faster than that!
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Last edited by LBP2; Jul 4, 2018 at 12:26 am Reason: bad spelling
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Old Jul 4, 2018, 12:23 am
  #836  
 
Join Date: Nov 2010
Posts: 5,596
Originally Posted by Saltire74
Hi All

Question for the experts and to see if this would be worth pursuing. Have advised a friend who was on the BA155 LHR-CAI on 30th June to put a claim in for EC261.

STD from LHR 17:15hrs. Not sure if that was the actual pushback time but when they did push back, they were then parked on the apron and the captain explained there would be a 40 minute delay due to ATC restrictions so they were going to switch the engines off and wait. When the ATC delay elapsed and engine start up commenced, a fault had developed and they were towed back to stand where everyone had to disembark and await a replacement aircraft.

New departure time was 21:40hrs and arrived into CAI at 02:46hrs on 1st July (not sure if FR24 show landing time or actual arrival time) which makes it at the very least a 3hr 46min delay (STA 23:00hrs).

Is it worthwhile my mate pursuing or will he be given the runaround due to the initial delay being caused by ATC? Only by reading this thread and the experience of others did I think he should have a decent chance of claiming but am mindful that he may get a bit of pushback from BA. No mention of EC261 whilst awaiting the replacement aircraft and think he went to one of the pay in lounges whilst he waited.

Thanks for your your thoughts and advice.

S
The claim should be valid. BA are well able to split ATC and Tech parts of a claim, as seen by the number of denials.
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Old Jul 4, 2018, 12:34 am
  #837  
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Originally Posted by Saltire74
New departure time was 21:40hrs and arrived into CAI at 02:46hrs on 1st July (not sure if FR24 show landing time or actual arrival time) which makes it at the very least a 3hr 46min delay (STA 23:00hrs).
Unfortunately the dispatch information has already vanished, but BA's arrival time was actually 03:05, so making that aspect stronger. BA would need to argue that the ATC component was over an hour long to deny Article 7 compensation.
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Old Jul 4, 2018, 12:53 am
  #838  
 
Join Date: May 2013
Posts: 6,349
Originally Posted by Saltire74
Hi All

Question for the experts and to see if this would be worth pursuing. Have advised a friend who was on the BA155 LHR-CAI on 30th June to put a claim in for EC261.

STD from LHR 17:15hrs. Not sure if that was the actual pushback time but when they did push back, they were then parked on the apron and the captain explained there would be a 40 minute delay due to ATC restrictions so they were going to switch the engines off and wait. When the ATC delay elapsed and engine start up commenced, a fault had developed and they were towed back to stand where everyone had to disembark and await a replacement aircraft.

New departure time was 21:40hrs and arrived into CAI at 02:46hrs on 1st July (not sure if FR24 show landing time or actual arrival time) which makes it at the very least a 3hr 46min delay (STA 23:00hrs).

Is it worthwhile my mate pursuing or will he be given the runaround due to the initial delay being caused by ATC? Only by reading this thread and the experience of others did I think he should have a decent chance of claiming but am mindful that he may get a bit of pushback from BA. No mention of EC261 whilst awaiting the replacement aircraft and think he went to one of the pay in lounges whilst he waited.

Thanks for your your thoughts and advice.

S
Pursue it, and quote the 40 minute ATC figure given by the Captain.

BA will most likely try to deny the claim, if so just give 14 days notice of filing MCOL. The burden of proof under EC261 is the airline's.
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Old Jul 4, 2018, 1:56 am
  #839  
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Thanks rapidex, CWS & simons1. I’all let you know how he gets on.

S
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Old Jul 4, 2018, 11:24 am
  #840  
 
Join Date: Jul 2018
Posts: 5
cancellation on LHR JFK AA6144 (BA179) June 9

Dear all,

​​​​​​I was booked on flight AA6144 operated by BA as BA179 on June 9th, which is scheduled to arrive at 2100. I was informed by the BA agent on the phone when I was asking to change my seat on this flight, that it is cancelled due to "operational reasons", two days before scheduled departure. I was given options to rebook on, though they are all outside of 4 hours around scheduled arrival time. I was eventually rebooked on BA173 which arrived 1405.

I filed a compensation claim online, they first quoted operational reasons as the reason for delay
I’ve reviewed your claim and your claim’s been refused because BA0179 on 09 June 2018 was cancelled because of operational circumstances outside of our control which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid again we’re not liable for a compensation payment in this situation.
They replied me just now after me insisting operational circumstances are not a valid reason, with another reason for the delay
I've again checked our records and can confirm that your flight was cancelled due to the inspections on our Rolls Royce engines and further checks needed to be completed, which all airlines must comply with. This prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid again we’re not liable for a compensation payment in this situation.
​​​​
I have a friend travelling on the same flight with me, who also filed a claim, though she received this as the reason
I’ve reviewed your claim and can confirm that your flight BA0179 on 09 June was cancelled due to enroute delay outside of our control which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid again we’re not liable for a compensation payment in this situation.
I suspect BA is just trying to keep our mouths shut by giving nonsense reasons every time you chase them up on something which is definitely not according to EU laws. Just wanted to know do I have any grounds for my claim? And if I have, how should I process given BA's inconsistent responses?

Thank you all and have a great day!

Kelvin
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