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 Aug 7, 18, 4:37 am
  #1081  
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: 38,022
Originally Posted by Yannisb View Post
-Should I involve a third party to manage the claim? I did some research online and apparently I would be eligible for compensation (other than the Eurostar ticket) based on my rights stipulated in EC261/2004.
-Are BA likely to pay for the Eurostar ticket, since it was my choice to purchase it and not accept the new flight option?
Welcome to Flyertalk and welcome to the BA forum Yannisb, I hope we will see you elsewhere in the forum, it's a great place to improve your travel experience.

I don't see the point in involving a third party company with your claim, they can't save you any work, and so it's just like you giving some law firm a charity donation frankly. But if it was ATC related - this was the day after the Heathrow problems and I seem to recall Eurocontrol was very busy on 19 July - then there is no compensation, that would be extraordinary circumstances. Still you should apply, just in case there were other factors involved, and you can do that yourself using the process at the top of the thread.

For the Eurostar ticket, you can either have the refund on the air ticket (which may then cover the Eurostar) or you can pursue BA for the Eurostar ticket but not have the air ticket refund. The latter case is not always easy to achieve but if the BRU agents were unable to rebook then you have a fairly strong case.
corporate-wage-slave is offline  
Old Aug 7, 18, 4:45 am
  #1082  
 
Join Date: Aug 2018
Programs: BAEC Silver, Radisson Gold
Posts: 18
That's right, it was the day after the LHR problems... I was in BRU watching the news thinking I am lucky again (I didn't have my flight cancelled due to the snow storms in the UK back in March).
I just read that it can take 5-6 weeks to have the case resolved so I am not holding my breath! I will keep you all posted and thanks for the advice as it will help me handle similar situations better in the future.
Yannisb is offline  
Old Aug 7, 18, 8:09 am
  #1083  
 
Join Date: Dec 2015
Posts: 4
Not BA but this seems to be the source of all knowledge - if there's elsewhere I should post this please let me know.

Flying Norwegian DI7015 LGW-JFK next week, have just been informed of a schedule change of exactly 4 hours, 8 days out from departure. Original scheduled departure was 17:05, now it is 21:05, scheduled arrival was 20:05, now it is 00:05. According to Norwegian website I am NOT entitled to compensation if:

you’re informed of the cancellation between 2 weeks and 7 days before the scheduled departure time and you’re offered a rebooking, allowing you to depart no more than 2 hours before the scheduled departure time and reach your final destination less than 4 hours after the scheduled arrival time

As I read it, I AM due compensation because this schedule change has an arrival of exactly 4 hours later (which is not less than 4 hours), am I correct? If so, how much compensation am I due? Or since it's a schedule change with same flight number and not a cancellation do I get nothing by way of EU261 compensation? Worth noting they are offering free refund and free changes.
dmandan5 is offline  
Old Aug 7, 18, 8:47 am
  #1084  
Ambassador: Emirates Airlines
 
Join Date: Sep 2004
Location: Manchester, UK
Posts: 13,326
Originally Posted by dmandan5 View Post
As I read it, I AM due compensation because this schedule change has an arrival of exactly 4 hours later (which is not less than 4 hours), am I correct? If so, how much compensation am I due? Or since it's a schedule change with same flight number and not a cancellation do I get nothing by way of EU261 compensation? Worth noting they are offering free refund and free changes.
It will depend on when exactly the doors open when you arrive. So, you can't claim compensation until after the flight. It may be that take off is 4 hours late, but it may get to the destination only 3:30 late.
DYKWIA is online now  
Old Aug 7, 18, 11:29 am
  #1085  
 
Join Date: Jun 2009
Location: LHR/SEA/DME
Programs: BAEC G/*O E
Posts: 751
Hello all. Need community advice. A friend of mine was travelling on the infamous BA236 connecting to a US bound flight this Sunday. Ticket bought through a TA. BA236 was delayed and she was offered to take her flight on Moday, which she politely declined. BA refused to rebook her to a different carrier, but suggested she makes her own arrangements and claims a refund for the inbound sections.
She ended up buying OW to the US ex-MOW.
Do I understand the process correctly:
1. She shall be claiming refund through her TA
2. EC261 compensation shall be claimed directly to BA, using their web-form.
3. I understand BA is not be liable for the cost of alternative flight she had to take.
luitje is offline  
Old Aug 7, 18, 11:40 am
  #1086  
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: 38,022
Originally Posted by luitje View Post
1. She shall be claiming refund through her TA
2. EC261 compensation shall be claimed directly to BA, using their web-form.
3. I understand BA is not be liable for the cost of alternative flight she had to take.
1) Correct. Under the Regulation it is strictly speaking BA's direct responsibility, but in practical terms it is best to see an Involuntary Fare Refund from the TA, which should be half the return fare if that was what was purchased. If the TA won't do that, then you can approach BA.
2) If the flight was cancelled yes she can apply via the webform. If the flight was delayed she isn't able to claim compensation if she wasn't on the delayed service.
3) Correct, as things stand. This is open to argument, depending on details and circumstances, but as things stand, if BA offered her an alternative routing and she declined it then BA isn't liable for the alternative arrangement.
corporate-wage-slave is offline  
Old Aug 7, 18, 11:47 am
  #1087  
 
Join Date: Jun 2009
Location: LHR/SEA/DME
Programs: BAEC G/*O E
Posts: 751
Originally Posted by corporate-wage-slave View Post
1) C
2) If the flight was cancelled yes she can apply via the webform. If the flight was delayed she isn't able to claim compensation if she wasn't on the delayed service.
Yes, it is my understanding that BA236 on August 5 was cancelled, not delayed.
Originally Posted by corporate-wage-slave View Post
1) C
3) Correct, as things stand. This is open to argument, depending on details and circumstances
She believes agent in DME mentioned she would be refunded, which at the time she interpreted as "refunded for a new ticket", which I don't believe the agent actually menat.
luitje is offline  
Old Aug 7, 18, 2:10 pm
  #1088  
 
Join Date: Jan 2016
Posts: 33
Compensation Entitlement

Evening All,

My recent flight to from LGW to DLM was delayed by 3.5 hours as the plane allocated for the flight was out of position due to adverse weather in Amsterdam the previous day. I filed an EC/261 compensation claim as I believed airlines cannot claim extraordinary circumstances when planes are out of position and I don't believe there were any ATC restrictions at LGW the day of my flight. BA have rejected my claim for the following reason:

"Thanks for your recent email. I understand how disappointed you must have been when your flight to Dalaman was delayed, it must have disrupted your plans. Please accept our apologies.

Your claim for compensation has been refused because BA2562 on 28 July was delayed due to operational circumstances outside of our control. The aircraft due to operate your flight had been held up in Amsterdam the previous day due to adverse weather. Unfortunately even after the flight departed the delay was extended further due to Air Traffic Control restrictions. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.

We take all reasonable measures to avoid delaying a flight and we always consider if there are any operational options available before we make a decision. We’re very sorry the delay was necessary in this case.

Thanks again for getting in touch with us. We value your support as a Gold member of our Executive Club. I hope you enjoy your flight with us on 11 August. Please feel free to contact me directly using the blue link below if I can help you with anything else."

I'm not fully up-to-speed on the meaning of delay codes on Expert Flyer but I believe the flight would be annotated as ZW if it was weather related:



I believe ZY means rotational delay (i.e. the previous service delayed the availability of the aircraft.) and ZO is Operation (less of an idea what this could cover). Are BA fobbing me off or have I misinterpreted the entitlement?

Thanks
leshark is offline  
Old Aug 7, 18, 2:36 pm
  #1089  
 
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite, HH G
Posts: 5,050
It is the knock-on effect of weather related delay/cancellation of inbound flight, which will exempt BA from liability to pay comp.
SK AAR is offline  
Old Aug 7, 18, 2:41 pm
  #1090  
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: 38,022
Originally Posted by leshark View Post
I believe ZY means rotational delay (i.e. the previous service delayed the availability of the aircraft.) and ZO is Operation (less of an idea what this could cover). Are BA fobbing me off or have I misinterpreted the entitlement?
You've got that correct, and it's consistent with BA's message too. But the key point is that BA's fleet size at LGW is a commercial decision, and if the airline chose not to have enough aircraft at LGW to cover an overnight delay on just about their shortest route, then that's their problem to resolve. So I would either ask for a CEDR deadlock letter or go MCOL. I think I'd slightly prefer MCOL, just in case CEDR get too narrow minded, but I think that is unlikely.
corporate-wage-slave is offline  
Old Aug 7, 18, 2:43 pm
  #1091  
 
Join Date: Jan 2016
Posts: 33
I thought that might be the case until I read this:

https://www.telegraph.co.uk/travel/n...weather-delay/
leshark is offline  
Old Aug 7, 18, 2:46 pm
  #1092  
 
Join Date: Jan 2016
Posts: 33
As ever thanks for the helpful response. I'll pull up a Google tab and find out what MCOL and CEDR are before I give them a call back. BA tried calling me 3 times in the space of 10 minutes while I was at work and then gave up!

All the best
leshark is offline  
Old Aug 7, 18, 2:49 pm
  #1093  
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: 38,022
Originally Posted by leshark View Post
As ever thanks for the helpful response. I'll pull up a Google tab and find out what MCOL and CEDR are before I give them a call back. BA tried calling me 3 times in the space of 10 minutes while I was at work and then gave up!
See the top of the thread for how to take it though either route, and your next steps.
corporate-wage-slave is offline  
Old Aug 7, 18, 3:05 pm
  #1094  
 
Join Date: Jan 2016
Posts: 33
Great thanks. I'm going to compose a response back to them outlining your point above and see how they respond before escalation.

Thanks Again
leshark is offline  
Old Aug 7, 18, 3:48 pm
  #1095  
 
Join Date: Jan 2017
Posts: 66
Originally Posted by dmandan5 View Post
Not BA but this seems to be the source of all knowledge - if there's elsewhere I should post this please let me know.

Flying Norwegian DI7015 LGW-JFK next week, have just been informed of a schedule change of exactly 4 hours, 8 days out from departure. Original scheduled departure was 17:05, now it is 21:05, scheduled arrival was 20:05, now it is 00:05. According to Norwegian website I am NOT entitled to compensation if:

you’re informed of the cancellation between 2 weeks and 7 days before the scheduled departure time and you’re offered a rebooking, allowing you to depart no more than 2 hours before the scheduled departure time and reach your final destination less than 4 hours after the scheduled arrival time

As I read it, I AM due compensation because this schedule change has an arrival of exactly 4 hours later (which is not less than 4 hours), am I correct? If so, how much compensation am I due? Or since it's a schedule change with same flight number and not a cancellation do I get nothing by way of EU261 compensation? Worth noting they are offering free refund and free changes.

I'm not sure if you know about the background to this flight.

Norwegian have leased an A380 (ex Singapore airlines) from HiFly to operate these flights. They have been operating for a few days only and the very first flight departed around 4 hours late. Since then they have been unable to recover any of that time, with every flight being around 4 hours or more late.

They are facing some further problems at JFK due to a lack of available gates for an additional A380 at the scheduled time of arrival. The chances are that things will get worse before they get better and I would suggest that 4 hours is likely to be the minimum delay.
Tyzap is offline  

Thread Tools
Search this Thread