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

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

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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.
 
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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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Old Aug 25, 18, 7:54 am
  #1216  
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Originally Posted by Jonathan1974 View Post
Do you find its polite not to refer to other people's comments as 'rant'?
With the references to your previous issues, 'withholding information' and attempts to 'trick' people, I think your mind is already made up. I don't think there's much doubt that your post falls into the 'rant' category so I was just calling it what it is. It's quite a good one actually.

Perhaps you would like to share the details of the urgent contact and presumably assistance that you required in the 48 hours post the flight? You might receive some useful advice. If you're claiming for EU261 compensation which I'm guessing you are as you posted in this thread then it's going to take more than two days and you're best off following the recommended procedure at the top of this thread.
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Old Aug 25, 18, 8:04 am
  #1217  
 
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Originally Posted by Jonathan1974 View Post
The extent of the problem required urgent contact on the phone with customer service. A series of calls achieved nothing: the reference number was 'lost', the person who promised to call back did not...etc. all the usual staff presumably in the hope that the customer and the problem will somehow 'go away'
I was referring specifically to this (which I will requote)

My attempts to get compensation have so far been completely unsuccessful:
You are obviously had issues with how the cancellation was dealt with but staying calm will benefit you in the long run.

I will reiterate that getting a properly submitted EU261 cancellation compensation claim resolved in 2 days isn't generally going to happen. And the same for some of the other issues you raise.

Last edited by UKtravelbear; Aug 25, 18 at 8:34 am
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Old Aug 25, 18, 8:08 am
  #1218  
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Originally Posted by Jonathan1974 View Post
Do you find its polite not to refer to other people's comments as 'rant'?
I won't use the R word but I think it is fair to point out that you've made a set of statements in your earlier posts which would be relatively easy to pull apart: they don't stand up to scrutiny. However the point of this thread is to help travellers, including yourself and that is best done by explaining precisely what has happened and what you have done to follow it up. Now I'm going to guess that you were on BA547 on Wednesday 22 August, which was operated by G-EUXD, which I gather had some sort of APU failure. I know of a EuroTraveller passenger on board who booked his own hotel and food, in line with the advice in this thread, and has been refunded for his out of pocket expenses already. He has been told he we get his EC261 compensation on Tuesday, and got an apology for the delay there (it's a public holiday in England on Monday). So I would suggest you follow the process in post 1 above, and the relevant shortcut for that is to log into your BAEC account and then use the shortcut BA.com/helpme
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Old Aug 25, 18, 12:07 pm
  #1219  
 
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For EU261 there is little point phoning anyone. If out of pockets expenses are needing reimbursed then receipts will need to be provided which cannot be done over the phone. You log the issue on the website. Provided you do that you will quickly receive a reply by email with an incident/reference number. A few days later (on my last claim it was around 1 week later) you will get a decision from BA and can decide what next actions you want to take, if any. This sound like the sort of situation where the delay compensation at least will be confirmed fairly quickly.

Unfortunately, if a flight goes tech at an outstation, it will take the local handling agent some time to find accomodation for everyone on board
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Old Aug 26, 18, 5:03 am
  #1220  
 
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BA have said no to my claim. As BA209 14th Aug landed 171 minutes late. But do BA operate on when then the plane doors opened ? Where can l find this information ?
The delay was late departing LHR due to a air conditioning problem.
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Old Aug 26, 18, 5:21 am
  #1221  
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Originally Posted by lordlucan View Post
BA have said no to my claim. As BA209 14th Aug landed 171 minutes late. But do BA operate on when then the plane doors opened ? Where can l find this information ?
The delay was late departing LHR due to a air conditioning problem.
The Regulation relates to doors open time, and BA's usual timing relates to chocks in place, rather than landing. Doors can't open until that point, so it's usually a minute or two after that. At this remove it is very difficult to find that information for Miami, which is why it is very important - if you haven't made you own record - to ask in this thread within 2 days or less. At that point we can get the breakdown of timing, thereafter we cannot.
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Old Aug 26, 18, 7:28 am
  #1222  
 
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Originally Posted by lordlucan View Post
BA have said no to my claim. As BA209 14th Aug landed 171 minutes late. But do BA operate on when then the plane doors opened ? Where can l find this information
Flightaware shows the landing time as 9:03pm and at gate 9:06pm (scheduled 6:15pm) so you would need to show that it took 10mins or more to open the first door...usually it is a minute or two as stated
- the NWNF sites also state no comp for this flight as sub 3 hours delay
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Old Aug 26, 18, 7:51 am
  #1223  
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Originally Posted by Jonathan1974 View Post
The extent of the problem required urgent contact on the phone with customer service. A series of calls achieved nothing: the reference number was 'lost', the person who promised to call back did not...etc. all the usual staff presumably in the hope that the customer and the problem will somehow 'go away'
As is often the case, it is important to separate urgent problems such as being rerouted in IRROPS from the hum-drum of life, which includes compensation for the cancellation and perhaps reimbursement for expenses.

Repeated phone calls which remotely mention the latter are a waste of your time, BA's time and frankly only delay some other person's access to needed assistance.

Whatever your urgent issues were, I hope that they were resolved.

As to your EC 261/2004 claim, make it through the proper channels, confine it to the specific issue, e.g. cancellation (as BA appears to have met its duty of care by providing you a hotel and, one presumes, a meal). The shorter and less invective-filled the request, the sooner and more easily it is evaluated and the sooner that occurs, the sooner you are paid.

If BA has already paid compensation to others on your flight, the evaluation has already taken place and, unless there are peculiar facts about your situation, you should see something soonish after you follow the proper method for making a claim.
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Old Aug 26, 18, 3:49 pm
  #1224  
 
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Originally Posted by ajm1972 View Post
Has anyone had any success trying to claim for cancelled flights relating to 787 LAX, was flying this coming Thursday and flight cancelled yesterday and rebooked 4 hours 40 mins later in F on BA269, as within 14 days thought would give a try claiming?

Thanks
Did you claim? Anyone been successful?
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Old Aug 27, 18, 12:45 pm
  #1225  
 
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Hello All,

BA has been cancelling a lot of flights on the 787-900 into EWR in the last week. I will be taking one of these flights in a few weeks. In the event of another cancellation, there are few OW flights into EWR. Can BA require us to re-route into JFK? If so, would they provide compensation to get back to EWR or would we be on our own (for those who don't fly there, those 2 airports are 35-40 miles apart, depending upon the route, but can take 2 hours to get to depending on the time of day).

If that's what we are offered are we free to refuse? If we do refuse are we entitled to compensation?

Is there any likelihood that BA would offer a United flight even though it's not OW? Thanks!
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Old Aug 27, 18, 1:45 pm
  #1226  
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Originally Posted by o2bmmw View Post
Can BA require us to re-route into JFK? If so, would they provide compensation to get back to EWR or would we be on our own (for those who don't fly there, those 2 airports are 35-40 miles apart, depending upon the route, but can take 2 hours to get to depending on the time of day).
You can insist on a EWR service, however if there is no service, or it is full, you would have to wait until an available date for the departure. In advance the Contact Centre can only put you on oneworld services, so I guess they could re-route you to EWR via Chicago or Miami but that reeks of desperation. In advance they will tell you that if you accept JFK instead then the onward cost is at your expense, however under EC261 this isn't actually true, and in any event BA actually does pay out for the transfer cost. However they would expect you to do it via public transport, the taxi limit is 50. Hopefully it won't come to this, either your flight stays in place or there is an alternative BA service which works for you. The alternative, if you didn't ring the Contact Centre or check BA.com in advance is that the airport staff could route you on other airlines, but if it is a busy day then it would be "best endeavours" so I wouldn't recommend this.
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Old Aug 28, 18, 6:59 am
  #1227  
 
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I have a question for the experts on here, I had an European flight from LHR and that flight was originally delayed by a mechanical effect, missing our slot etc and resulting in some delays however not enough for the compensation. After the initial technical delay bad weather came up and we were further delayed over the 3 hour limit. I reason that due to the technical delay we hit the bad weather and hence it is BA's fault, BA is reasoning that they are not liable (of course). Does anyone know there were cases with similar circumstances?
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Old Aug 28, 18, 8:52 am
  #1228  
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Originally Posted by WorldClub View Post
I have a question for the experts on here, I had an European flight from LHR and that flight was originally delayed by a mechanical effect, missing our slot etc and resulting in some delays however not enough for the compensation. After the initial technical delay bad weather came up and we were further delayed over the 3 hour limit. I reason that due to the technical delay we hit the bad weather and hence it is BA's fault, BA is reasoning that they are not liable (of course). Does anyone know there were cases with similar circumstances?
To the best of my understanding, BA does indeed take an entirely linear approach to this. So a delay of 4 hours where 2 hours is technical and 2 hours weather is not going to get BA to pay up. The argument that delay causes overlap is not one that has worked yet, as far as I know, at senior court level. The best I can think of is that there is a CJEU ruling that says even if there is extraordinary circumstances, airlines are still responsible to do what they can to mitigate the impact. But I think this is too far of a stretch to cover your circumstances. And at the end of the day, had there been no bad weather, you wouldn't have the basis for a claim.
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Old Aug 28, 18, 8:40 pm
  #1229  
 
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So BA is ignoring my claim for EC261 compensation for my cancelled IOM-LCY flight over two weeks ago now. Any advice on how to move this along guys?

Thanks!
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Old Aug 29, 18, 12:47 am
  #1230  
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Originally Posted by aristoph View Post
So BA is ignoring my claim for EC261 compensation for my cancelled IOM-LCY flight over two weeks ago now. Any advice on how to move this along guys?

Thanks!
When did you submit your claim and what were the circumstances? Two weeks go by very quickly!
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