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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
FlyerTalk Forums Expert How-Tos and Guides
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 Aug 13, 2018, 9:25 am
  #1141  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Originally Posted by ScienceTeacher
Awesome that is great to know.

Would BA pay for another flight? They’ve said they can’t put me on the 19:10 to LCY as the original was to LHR... If i just buy a ticket for that... would they refund it do you think?
You can't assume they will pay for that. However if the flight is cancelled they will give you an Involuntary Fare Refund which may (or may not) cover your flight or train back to the UK. However they are allowed to move you from LHR to LCY, if there was space in the cabin that was an error by the agent, so that may be a HUACA. Unless you have already accepted the call centre's position (see myriad FT posts passim) then you may do better going to the airport and they may be able to sort out other arrangements.
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Old Aug 13, 2018, 9:41 am
  #1142  
 
Join Date: Apr 2018
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Result! Arrived back at the airport; went to the check in desk, said I was on the cancelled flight was put on the LCY flight without asking

Pretty cool!

Thanks everyone for your help.

The person on on the phone did seem ‘confused?’ At my request; citing they were different airports! Thanks again! Invaluable!
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Old Aug 13, 2018, 10:01 am
  #1143  
 
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Update: I’ve now lost access to BA.com! Oh it gets better

Web Page Blocked

Unfortunately access to the web page you were trying to visit has been blocked as our systems have detected unusual traffic from your computer network.

If you feel this is in error then please contact Brightcloud and submit an IP Reputation Change Request using your IP address .



To do this paste the following URL into your browser:



http://www.brightcloud.com/tools/cha...reputation.php



and enter your IP address xxx.xxxx
Your request should take 24 to 48 hours to complete.

Should your request fail and you feel it should not then please contact the British Airways support team on


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Old Aug 13, 2018, 10:15 am
  #1144  
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Clear your cookies and try again. It could be the IP of the wifi you are using that has been blocked because BA is being accessed by a few people at the same time (not surprising since you're at an airport where where has been a cancellation and people want to rebook / check MMB). It's a relatively common issue and likely not personal to you.
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Old Aug 13, 2018, 11:08 am
  #1145  
 
Join Date: Jan 2009
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Want to ask for those that were delayed or had their flight cancelled on the 28th July, have you received any reply from BA's customer relations? Cause I sent in the form for compensation and reimbursement and still got no reply from them.
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Old Aug 13, 2018, 12:50 pm
  #1146  
 
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Update to the Zurich flight: The 19:10 flight boarded at 19:50. However, they couldn’t remove the airbridge due to a fault, so, we are here until at least 21:30 as they have lost the slot for take off.

Does the delayed departure clock start from the original service, or, the rebooked service? I’m curious as the rebooked service is over 2hours late due to non extenuating circumstances!
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Old Aug 13, 2018, 2:35 pm
  #1147  
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Originally Posted by ScienceTeacher
Does the delayed departure clock start from the original service, or, the rebooked service? I’m curious as the rebooked service is over 2hours late due to non extenuating circumstances!
You are based on the original flight arrival time, so you need to be 2 hours late off that. However the component which is due to extended slot times (which I see are a problem in that area at the moment) is not eligible for compensation, so you need to deduct that aspect. On the other hand you may have an argument for the time differential on LCY versus LHR, particularly if you live nearer to Heathrow. However on that point BA have at least tried to argue that London is London on some cases. I see you are now down to land about 22:15 hrs (and you're within quarter of an hour of a trip to Southend...) against I guess an original arrival time of 21:55 to LHR, so it doesn't seem very plausible to me.
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Old Aug 13, 2018, 4:49 pm
  #1148  
 
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Originally Posted by corporate-wage-slave
You are based on the original flight arrival time, so you need to be 2 hours late off that. However the component which is due to extended slot times (which I see are a problem in that area at the moment) is not eligible for compensation, so you need to deduct that aspect. On the other hand you may have an argument for the time differential on LCY versus LHR, particularly if you live nearer to Heathrow. However on that point BA have at least tried to argue that London is London on some cases. I see you are now down to land about 22:15 hrs (and you're within quarter of an hour of a trip to Southend...) against I guess an original arrival time of 21:55 to LHR, so it doesn't seem very plausible to me.
That’s really good to know, thank you. I have done well from this so am chuffed; I hope the people originally booked on the earlier flight are okay! I’m fairly central so LCY was just as easy.

Hats off to the crew for their approach whe the airbridge issue became apparent on board. You could tell they wanted to get home and worked really hard to make sure we were well looked after. I’ve filled in a /WellDone online for them!

Please also accept a FT “well done” from me; thanks a lot for the help CWS and others!
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Old Aug 14, 2018, 10:17 am
  #1149  
 
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Thanks for the reply. BA have finally come back to me with another dissappointing and slightly different response:

“Thank you for coming back to us about the delay to your flight to Dalaman on 28 July 2018.

I've looked into the cause of this delay further and can see that your flight was delayed for 139 minutes due to rotational issues following thunderstorms the previous day. It was then held up a further 16 minutes due to ground handling issues and 8 minutes due to Air Traffic Control issues. The aircraft departed 163 minutes delayed. As the circumstances of delay were outside of our control and resulted in a delay of less than 3 hours British Airways would not be liable for compensation on this occasion.

I understand that there were exceptionally long holding delays at Gatwick on 28 July 2018. This was due to a staffing shortage at Air Traffic Control. This means that British Airways is unable to accept liability for the additional time it took to complete this journey.

I understand you may be disappointed with the outcome of your claim and I hope this will not deter you from choosing British Airways in future. In the meantime, if I can help with anything else, please reply using the blue link “

They know full well that compensation is based on the delta between scheduled arrival and doors open which you can see from my previous expert flyer screenshot was over 3 hours. There’s also nothing in the delay codes to indicate that ATC restrictions were in place. The captain said at the time we sat on the tarmac because we had missed our aollocated slot. It feels like another excuse from BA. Is there a definitive source which I can consult which shows when LGW ATC restrictions have been in place?

would be very interested in your Easyjet correspondence if you are happy to share 😀.

Thanks!



Originally Posted by AdBoy


I recently took EZY to MCOL about something similar. Our aircraft was out of position thanks to weather earlier in the day elsewhere on their network.

They settled on the final day of the process for the full compensation due.

Am am happy to DM my correspondence letter and the judge’s searching questions to EZY if that’s useful to others.
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Old Aug 14, 2018, 10:53 am
  #1150  
 
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Hi, new here - had a look at these really helpful BA threads and would like to get a bit more of an understanding about what is likely to happen with my delay compensation claim under EC261.

We have recently been to Dubai, flew out on 21/07 on BA107 (LHR to DXB).

Scheduled departure time was 12:55 with an ETA into DXB of 23:05, brief background below:

We boarded the plane and after a couple of delays and a wait on the aircraft of circa 2 hours we had to return to the gate and disembark due to a technical fault (seem to recall that they said it was an issue with an engine pre-heater or a temperature sensor of some sort). Anyway I believe we left LHR after 17:00 and arrived in DXB at about 03:20 (the BA app screenshot I have shows Delayed 03:14, although I think that was their new ETA and not the at gate doors open time?).

Anyway, I've submitted a delay compensation claim and have mentioned EC261 - I've had the automated reply from [email protected] and have been given an 8 digit case reference. The email also stated: "Thank you for telling us about your issue. We are now directing your case to the appropriate department and you should hear back from us shortly. We are currently experiencing exceptionally high volumes and aim to get back to you as soon as possible."

From everything I've read, I believe we are potentially able to receive 600 EUR per person as the flight was over 3,500 km and our arrival in DXB was over 4 hours later than the scheduled arrival time. I've also read that most mechanical issues are not classed as 'extraordinary issues'.

My questions:

How long do these compensation claims normally take?
Is this likely to be straightforward or would BA drag their heels, if so, is there any evidence I should try to get, in particular what resources are available to confirm the actual arrival time in DXB (or even better doors open time?)

Thanks in advance!
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Old Aug 14, 2018, 11:49 am
  #1151  
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Originally Posted by leshark
They know full well that compensation is based on the delta between scheduled arrival and doors open which you can see from my previous expert flyer screenshot was over 3 hours. There’s also nothing in the delay codes to indicate that ATC restrictions were in place. The captain said at the time we sat on the tarmac because we had missed our aollocated slot. It feels like another excuse from BA. Is there a definitive source which I can consult which shows when LGW ATC restrictions have been in place?
There are staff shortages at LGW ATC (it's a UK wide problem at the moment, there are some posts about it elsewhere) and that's a matter for the public record- on one occasion recently it shut the airport. I guess you could write to NATS and see what they say specifically about your day, or you may be able to search the NOP website too:
https://www.public.nm.eurocontrol.in...pec/index.html
(Tactical update / archive)

However the component that was due to previous day's operations is not extraordinary circumstances in my view (and actually BA didn't say so either).
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Old Aug 14, 2018, 11:55 am
  #1152  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Originally Posted by PizzaTech
How long do these compensation claims normally take?
Is this likely to be straightforward or would BA drag their heels, if so, is there any evidence I should try to get, in particular what resources are available to confirm the actual arrival time in DXB (or even better doors open time?)
Welcome to Flyertalk and welcome to the BA forum in particular, I hope that we will see more of you elsewhere on this board too.

Because you are Silver, I would expect it not to take more than a few weeks, and in some ways submitting a claim a little while after the incident is best, so that the agents can see the relevant reports. If you haven't heard after a month I would call the Customer Relations number between 13:00 and 17:00 hrs UK time weekdays. It seems straightforward given what you've mentioned in your post, there are resources for finding out the time of doors open, but only if you ask here within 3 days of the event! After a week it becomes very difficult. But it's not for you to prove anything, it's up to BA to prove their case, if it comes to it.
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Old Aug 15, 2018, 2:58 am
  #1153  
 
Join Date: Aug 2018
Programs: BA Silver, Hilton Gold, Accor Gold, SPG, Hertz GPR 5*, AVIS Presidents Club
Posts: 24
Originally Posted by corporate-wage-slave
Welcome to Flyertalk and welcome to the BA forum in particular, I hope that we will see more of you elsewhere on this board too.
Thanks for the welcome corporate-wage-slave, I've been lurking for a while and will most likely look more closely at the BA Tier point thread as my business travel this year may be lower than before.
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Old Aug 15, 2018, 12:29 pm
  #1154  
 
Join Date: Jan 2013
Programs: BAEC Gold
Posts: 26
Originally Posted by Pc2k24
I had a question regarding EU261

I just got off the BA114 JFK-LHR which was due to arrive 0935 today (28 Jul). It ended up arriving at 1118 which means I've missed my connection to Dublin, scheduled for 1035 (this short connection was booked direct with BA) .

The next BA flight that has seats is at 1735 and means I arrive 7 hours late to my final destination. The question is whether EU261 would apply as:

BA114 was initially delayed 42 mins due to a late arriving aircraft (pushing departure from 2130 to 2212)

JFK was then hit by a storm which pushed departure back a further hour to 2312 and by the time we finally took off, midnight

Any advice? Thanks!
Thought I would give an update!

Got an email today offering the 600 euros compensation!
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Old Aug 16, 2018, 10:42 am
  #1155  
 
Join Date: Aug 2018
Programs: BA Silver, Hilton Gold, Accor Gold, SPG, Hertz GPR 5*, AVIS Presidents Club
Posts: 24
Originally Posted by Pc2k24
Thought I would give an update!

Got an email today offering the 600 euros compensation!
Good result! Out of interest did you submit your claim online using their form and when did you make the claim?
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