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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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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 23, 2018, 9:45 am
  #946  
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WEAN - mentioned by KARFA = WEAther and No, No being not eligible for EC261.

I agree with Infinite Possibilities that you can't expect BA to rustle up a crew at an outstation, so that aspect would be grounds to deny EC261 compensation for a reasonable period of time. Right to Care (hotels, meals) would still need to be provided for European airlines such as BA. However there is provision in some Extraordinary Circumstances law cases that if an airline chooses to use those grounds to deny compensation, it is not exempt from needing to resolve your travel plans commensurate with a high level of protection for passengers. The Regulation states that long flight delays cause "serious trouble and inconvenience". So unless 2 extra days in Florida paid for by BA suits you - and for some people it would - then you are within your rights to seek out better alternatives. Such as indirect flights, or going via Miami, Fort Lauderdale (flights aren't always full) or Tampa. BA will tell you that getting to these airports is for your own account, however this probably isn't correct, though there is some ambiguity on the wording. To the best of my knowledge, BA have paid additional travel costs in these circumstances.
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Old Jul 23, 2018, 9:47 am
  #947  
 
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Originally Posted by UKtravelbear
OP said they agreed to being rebooked for a flight 2 days later not that the 2 days is related to weather.
Correct, to give credit where it's due , as the gate staff were announcing the cancellation, my phone was displaying inbound messages from BA advising that we had been auto-rebooked for the same flight (subject to acceptance via MMB), a day later but due to existing commitments, that didn't work for us so ended up speaking with the duty office and getting the flight pushed back by a day.

BA do operate via TPA normally (albeit for other services) so how unreasonable is it to expect relief crews be available?
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Old Jul 23, 2018, 9:50 am
  #948  
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I'm not au fait with all the ins and outs of CC and Pilot hours but the time to get them to TPA would be included within their block hours as would the time to fly from TPA to MCO and then wait for the plane to be turned around and that soon eats into their working hours.
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Old Jul 23, 2018, 9:53 am
  #949  
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Originally Posted by Anthony
BA do operate via TPA normally (albeit for other services) so how unreasonable is it to expect relief crews be available?
I think it is unreasonable, and would bump up fares by a huge amount since staff costs are a big part of BA's costs. I appreciate that it wouldn't double staff costs, and you could argue that maybe one standby crew somehow covering FLL/MIA/MCO/TPA/BDA would be a good idea but I think BA would probably have a good grounds to say that would be an unreasonable cost burden. However my opinion counts for little here, the only opinion that matters is a small claims court judge, and so you could give it a go. I personally don't fancy your chances.
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Old Jul 23, 2018, 10:22 am
  #950  
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Yesterday MCO was carnage. The weather hit bad from about 1pm and caused a shutdown of the airport (I watched the storm from our villa &#128526. It then came back about 10pm when most of the delayed flights were due to leave. Loads of flights were held or diverted to Miami or Tampa. Several were eventually cancelled with most others having a 5hr plus delay going back to the U.K.

I’ve got some good flight tracks but I can’t upload from my phone unfortunately
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Old Jul 23, 2018, 1:10 pm
  #951  
 
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Looking to confirm my understanding please: was due to travel EDI-LGW-IBZ on Wed 11th July, departing 0950. First flight was cancelled in the early hours of the morning due to a technical fault, which I only picked up by sheer chance from waking early and looking at phone to check the time.

After a call to BA via the Japanese number (thanks FT!) and a dash to the airport, was re-routed via Heathrow departing EDI at 0805, then spent £75 on a taxi to get to LGW to make planned flight to IBZ.

BA have so far refused to pay for taxi, and offered 5k avios each for 2 passengers.

I had not originally claimed cancellation compensation, as did ultimately arrive on time if a bit of a stressful start to the holiday, but from reading the wiki and the BA site is my understanding correct that EUR125 is due per passenger?

I get this from it being a cancellation less than 7 days in advance, with a re-routing which departed more than 1 hour earlier than original departure time, meaning it qualifies for the reduced amount. Have assumed length is only the EDI-LGW leg, so under 1500km.

If they had only just paid for the taxi would not have pursued this....
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Old Jul 23, 2018, 2:02 pm
  #952  
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Originally Posted by ao40
I get this from it being a cancellation less than 7 days in advance, with a re-routing which departed more than 1 hour earlier than original departure time, meaning it qualifies for the reduced amount. Have assumed length is only the EDI-LGW leg, so under 1500km.
It's disappointing to read about the taxi, particularly if the connection was very tight between LHR and LGW. If you were in the 4 hour territory then I could more or less understand that since really a taxi doesn't save much time over the National Express and 3 hours is OK for NEX in my (alas, considerable) experience. Certainly mention in your claim documents that it was the refusal on the taxi that is making you claim EC261. As for the distance, no, it's for the whole distance of the trip, but point to point, so EDI-IBZ = 1200 miles (exactly) = 1931 KM = 400€ start point = 200€ due. I would perhaps also point out that in the event that BA does not swiftly pay this sum, you will reserve the right to claim the taxi fare as well as EC261 should the matter require escalation. Or, if you're not feeling so hardnosed about it, call Customer Relations on the telephone - mid afternoon UK time is best - and see if you can negotiate a better outcome. And if you feel like sharing that end point with this thread, that would help others.
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Old Jul 23, 2018, 2:25 pm
  #953  
 
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Originally Posted by corporate-wage-slave
It's disappointing to read about the taxi, particularly if the connection was very tight between LHR and LGW. If you were in the 4 hour territory then I could more or less understand that since really a taxi doesn't save much time over the National Express and 3 hours is OK for NEX in my (alas, considerable) experience. Certainly mention in your claim documents that it was the refusal on the taxi that is making you claim EC261. As for the distance, no, it's for the whole distance of the trip, but point to point, so EDI-IBZ = 1200 miles (exactly) = 1931 KM = 400€ start point = 200€ due.
Thanks for the advice and clarification, will proceed by pointing to the €200 amount per passenger.

I arguably could have got the NEX as it was over 3 hours, but had not completed that journey before and had been running round since 5.30am. If they had even offered the equivalent of 2 bus fares would probably have accepted that!

Will report back with result.
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Old Jul 23, 2018, 9:20 pm
  #954  
 
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Hey, new here. Was wondering if anyone could give advice on my situation? On July 18th 2018 I was scheduled to do the route YYZ>LHR>MAN.

My first flight, YYZ>LHR was delayed, originally meant to depart at 21:50, it was pushed back to 00:20, which also meant I was going to miss my connecting flight (which was fine, was all through BA, they re booked me, life was good). We arrived at LHR at 12:00 and I had my next flight LHR>MAN booked for 13:55, this got pushed back repeatedly until it was pushed until 15:00, with an arrival estimate of 16:05, we were then stuck on the runway due to baggage loading, then we had to wait for clearance to take off, which added another 35 minutes in total.

All in all I was meant to arrive in Manchester at 13:05 (with my original flight that I missed), eventually arrived at 16:45. So I'm curious if I can claim EC261 and if so, for how much? Would it be for the YYZ>LHR, LHR>MAN or the trip as a whole? I'd think it'd be for the trip as a whole, but with there being delays from both legs that contributed to the 3+ hours I wasn't sure.

Would appreciate any advice people have to offer! Thanks in advance!
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Old Jul 24, 2018, 12:49 am
  #955  
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Originally Posted by DanTheCheesyMan
Hey, new here. Was wondering if anyone could give advice on my situation? On July 18th 2018 I was scheduled to do the route YYZ>LHR>MAN.
Welcome to the BA forum on Flyertalk DanTheCheesyMan, it's good to see you here. We like to encourage new members so I hope you will continue to participate.

This may be a bit of a grey area. You were clearly more than 3 hours late, but not 4 hours late. The first flight would appear to have qualified but for the fact that you presumably had a generous connection originally and so the rebooked MAN flight still kept you under the 3 hours had it stayed with the timetable. Then looking at why that didn't go to plan, there seems to be a mix of reasons, some of which BA aren't responsble for. So the 35 minutes waiting for takeoff clearance isn't unusual at LHR. I generally assume that it take about 20 minutes from pushback to take off at LHR, and anything more than that is just LHR congestion. I can't see the cause of the original delay in Toronto, nor the reason for the late boarding at LHR (presumably aircraft late on a previous sector). Baggage delays are not extraordinary circumstance, nor is late inbound aircraft at LHR (it may be at YYZ, depends on the cause). So I can't be sure this qualifies.

I would apply, it would be for the whole sector, so 300€, I would be a bit surprised if they just paid up, and then you will have a decision whether you can and wish to construct a case where at least 3 hours of delay was avoidable by BA. It is for BA to prove that there were more than 40 minutes of ATC / weather / congestion etc delays in there.
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Old Jul 24, 2018, 10:23 pm
  #956  
 
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Quite efficient from BA this time I guess, put in a claim last Thursday for the IT disruption and got a reply yesterday saying they will transfer the compensation into my account! Now just need to wait for the compensation to appear in my account.

Great job here BA!

Last edited by JALlover; Jul 24, 2018 at 10:37 pm
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Old Jul 25, 2018, 11:33 am
  #957  
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Originally Posted by JALlover
Quite efficient from BA this time I guess, put in a claim last Thursday for the IT disruption and got a reply yesterday saying they will transfer the compensation into my account! Now just need to wait for the compensation to appear in my account.
Thank you for reporting back. Just to help other claimants - since I'm expecting to see more posts on this incident in the next few weeks - your particular issue was that your flight was DUB-LHR and was unable to get a slot and was therefore cancelled. The departure time from DUB would have been around 19:50. The reason I highlight this is that there will probably be different responses to cancellations and delays on 18 July 2018 depending on routes and times. You service was sufficiently late that Amadeus could be seen to be the culprit rather than the fire alarm mid afternoon.
https://www.flyertalk.com/forum/29988708-post33.html
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Old Jul 25, 2018, 1:45 pm
  #958  
 
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EU261 Claim Online

Hi all,

I submitted a EU261 claim for a flight delay on the BA website - can anyone advise how long it takes for BA to respond to these claims and how best to follow up on it as I dont remember getting a reference or anything to track it with

Thanks,
Anthony
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Old Jul 25, 2018, 2:06 pm
  #959  
 
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7-10 days usually. Longer in a busy period. You should get a confirmation email of your claim.
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Old Jul 25, 2018, 2:11 pm
  #960  
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Have a look on the main thread, successful claims about 3 weeks start to pay out

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