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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
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Last edit by: serfty
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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 Sep 15, 18, 2:46 am
  #1321  
 
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Originally Posted by Often1 View Post
With the new details, I do agree that this was a 17-hour delay on a Type 3 flight with no extraordinary circumstance. Accordingly, the passenger is due EUR 600 from BA. Having been rerouted, BA had the obligation, at its option to refund his ticket, rebook then or at a future date. The fact that BA was willing to rebook on other carriers and cut the delay from 24 to 17 hours is a customer service gesture, but does not alleviate its obligation to pay the compensation. The only way that this would be the case is if BA offered a reroute which would have arrived at YYC with a <3-4 hour delay and had the passenger refused it.

I would recommend sending in a renewed claim which contains the information in not one word more than 2-3 short declarative sentences. Leave out all of the fluff. At least if the claim is denied again, there is something to work form.

The passenger has also not provided a location. But, if he has a UK address and BA again denies the claim, I would start the MCOL process with a Letter Before Action (form on the MCOL site). In that complaint it is even more critical to stick to what matters.
Thank you for the advice.

I have written back to BA. I will keep you posted on the developments.
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Old Sep 15, 18, 3:40 am
  #1322  
 
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I do wonder whether BA deliberately trains its staff to mislead customers like this, or perhaps they just don't train them and let them make it up as they go along.

It must surely have been obvious from the booking records that due to failure of BA equipment the passenger arrived at destination 17 hours late?

The re-routing (and the apparent 'generosity' of the airline in preventing an even longer delay) is neither here nor there.

Maybe the publishers of the Idiot's Guide series of books could produce an 'Idiot's Guide to EC261' - it should sell in bulk in BA and a few other airlines as well.
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Old Sep 16, 18, 12:20 pm
  #1323  
 
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Quick one for the board experts. Flying MAN - LCY - GLA tonight in business, all on one ticket. MAN - LCY shockingly (ha!) delayed by an hour which means I'll miss my connection (was only 35 mins anyway and made sure I had contingency plans in place if this did happen - especially with the frequent delays on this route). My plan is to book into the Radisson Blu nearby to LCY and meet a friend who lives next door - as it's the hotel BA use as an arrivals lounge for JFK inbound at LCY then I assume that will be fine

I assume I'm entitled to the usual hotel, dinner, taxi to and from hotel etc at somewhere near-ish to LCY and reasonably priced, and to be moved to the LCY - GLA flight tomorrow at 0855 but what about EU261 compensation? My reading seems to be yes, at EUR250 assuming the flight isn't delayed due to extraordinary circumstances or out of BA's control (weather is fine etc etc)

If anyone can help, would appreciate it!
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Old Sep 16, 18, 12:52 pm
  #1324  
 
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Angry

BA 12 out of Singapore delayed substantially tonight. Acft arrived today from maintenance in Manilla and apparently had vital medical equipment missing so Its a No Go at present and BA are currently trying to source replacement items. Should find out shortly if we are going anywhere tonight. 3 hrs late so far and no idea if we are due anything other than an explanation and an apology.
OF
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Old Sep 16, 18, 12:55 pm
  #1325  
 
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Originally Posted by renwaldo View Post
Quick one for the board experts. Flying MAN - LCY - GLA tonight in business, all on one ticket. MAN - LCY shockingly (ha!) delayed by an hour which means I'll miss my connection (was only 35 mins anyway and made sure I had contingency plans in place if this did happen - especially with the frequent delays on this route). My plan is to book into the Radisson Blu nearby to LCY and meet a friend who lives next door - as it's the hotel BA use as an arrivals lounge for JFK inbound at LCY then I assume that will be fine

I assume I'm entitled to the usual hotel, dinner, taxi to and from hotel etc at somewhere near-ish to LCY and reasonably priced, and to be moved to the LCY - GLA flight tomorrow at 0855 but what about EU261 compensation? My reading seems to be yes, at EUR250 assuming the flight isn't delayed due to extraordinary circumstances or out of BA's control (weather is fine etc etc)

If anyone can help, would appreciate it!
Yes to all of that. Your cunning plan will come unstuck if BA gets in on time and you make the connection.
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Old Sep 16, 18, 12:57 pm
  #1326  
 
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Originally Posted by OldFruity View Post
BA 12 out of Singapore delayed substantially tonight. Acft arrived today from maintenance in Manilla and apparently had vital medical equipment missing so Its a No Go at present and BA are currently trying to source replacement items. Should find out shortly if we are going anywhere tonight. 3 hrs late so far and no idea if we are due anything other than an explanation and an apology.
OF
You seem to have forgotten EU261. Rap on the knuckles for whoever brought it out of MNL without checking the equipment.
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Old Sep 16, 18, 1:06 pm
  #1327  
 
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rapidex. Yes just reading the wiki now re EU261, as a bit tired after being up 24 hrs plus already!
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Old Sep 16, 18, 1:09 pm
  #1328  
 
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Originally Posted by OldFruity View Post
rapidex. Yes just reading the wiki now re EU261, as a bit tired after being up 24 hrs plus already!
When the crew go out of hours, which won't be long grab one of the airport hotels. The Crowne Plaza is ok.
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Old Sep 16, 18, 1:14 pm
  #1329  
 
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Originally Posted by rapidex View Post
Yes to all of that. Your cunning plan will come unstuck if BA gets in on time and you make the connection.
Fingers crossed! Will update the thread later. The GLA flight is also delayed going out of LCY at the moment :/
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Old Sep 16, 18, 3:28 pm
  #1330  
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Originally Posted by OldFruity View Post
BA 12 out of Singapore delayed substantially tonight. Acft arrived today from maintenance in Manilla and apparently had vital medical equipment missing so Its a No Go at present and BA are currently trying to source replacement items. Should find out shortly if we are going anywhere tonight. 3 hrs late so far and no idea if we are due anything other than an explanation and an apology.
At least they are now on their way:-
Code:
DOBA12/16SEP
* OPERATIONAL FLIGHT INFO *            BA  12    0 SU 16SEP18   
CITY INFO                                       HOUR (LOCAL)  
  
SIN  ESTIMATED TIME OF DEPARTURE                0400            
     LEFT THE GATE                              0356            
     TOOK OFF                                   0419            
     DELAY ZY                                                   
     DELAY ZO                                                   
     ESTIMATED TIME OF ARRIVAL                  1042     LHR    

*1A PLANNED FLIGHT INFO*              BA  12    0 SU 16SEP18    
APT ARR   DY DEP   DY CLASS/MEAL          EQP  GRND  EFT   TTL  
SIN          2315  SU FAJCDRIWETY/M       388        13:35      
                      BHKMLVSNQOG/M                             
                      X/M                                       
LHR 0550  MO                                               13:35
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Old Sep 17, 18, 12:20 pm
  #1331  
 
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This regulation seems a bit more complicated than I had thought, however I filed a claim for the following and am curious if I'm reading it all right. BA285 was significantly delayed on Saturday, September 15. The total delay was approximately 7 to 8 hours. The initial aircraft was taken out on a mechanical 3 hours after boarding. A replacement was brought in later that afternoon so it did go out eventually. Is this a simple case of a long haul flight with a significant mechanical delay leading to 600EU claim? I filed this all online on Sunday morning, but just curious to hear what you experts say.
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Old Sep 17, 18, 12:28 pm
  #1332  
 
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Originally Posted by gwade View Post
This regulation seems a bit more complicated than I had thought, however I filed a claim for the following and am curious if I'm reading it all right. BA285 was significantly delayed on Saturday, September 15. The total delay was approximately 7 to 8 hours. The initial aircraft was taken out on a mechanical 3 hours after boarding. A replacement was brought in later that afternoon so it did go out eventually. Is this a simple case of a long haul flight with a significant mechanical delay leading to 600EU claim? I filed this all online on Sunday morning, but just curious to hear what you experts say.
Yes
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Old Sep 17, 18, 12:55 pm
  #1333  
 
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Quick query regarding a claim I am going to make this week due to a cancelled flight that my wife was on and was rebooked for 24 hours later. We'll be filing a claim for EC261 which we have done successfully before. In the past I have used the template letter from moneysavingexpert.com but is it in fact easier to use the online form on the BA website or does it make no difference? Also, there will be an extra hotel night charge in there - is that on top of the the expected €600 or should it be a part of it?
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Old Sep 17, 18, 1:25 pm
  #1334  
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Originally Posted by PAL62V View Post
Quick query regarding a claim I am going to make this week due to a cancelled flight that my wife was on and was rebooked for 24 hours later. We'll be filing a claim for EC261 which we have done successfully before. In the past I have used the template letter from moneysavingexpert.com but is it in fact easier to use the online form on the BA website or does it make no difference? Also, there will be an extra hotel night charge in there - is that on top of the the expected 600 or should it be a part of it?
Just use the online BA form. Your claim will probably get into the system and be processed faster that way.

If the hotel was related to duty of care then it will be in addition to any compensation due.
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Old Sep 17, 18, 1:41 pm
  #1335  
 
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Originally Posted by golfmad View Post
Just use the online BA form. Your claim will probably get into the system and be processed faster that way.

If the hotel was related to duty of care then it will be in addition to any compensation due.
Thanks.
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