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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 Jun 17, 2018, 11:08 am
  #766  
 
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Ok great, thanks very much!
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Old Jun 18, 2018, 3:23 am
  #767  
 
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Valid EU261 claim [?]

A bit of advice please.

We got caught by the Birmingham runway closure over the weekend. We were flying in J from AGP-BHX on Saturday at 2345 with a STA of 0145. We finally arrived with doors open at 0532.

Our aircraft G-LCYS was scheduled to fly to Florence, Palma and finally Malaga on Saturday.

It arrived back from Florence on time at 1127 for a STD departure to PMI at 1230. This flight was then caught by the Norwegian B737 diversion at around 1330.

Now, whilst the diversion was totally outside BA's control, had it departed to PMI on time then it would not have been caught by the subsequent closure of the airport.

I would appreciate thoughts on whether we have a valid claim.

Incidentally, the information at AGP was appalling with them advising inly an hour delay when the aircraft still hadn't landed at BHX from PMI prior to coming to AGP.
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Old Jun 18, 2018, 3:32 am
  #768  
 
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Originally Posted by steve170461

Now, whilst the diversion was totally outside BA's control, had it departed to PMI on time then it would not have been caught by the subsequent closure of the airport.
.
That logic is unlikely to be accepted grounds for an EU261 claim. If the runway closure had not taken place then the flight would (most likely) have operated with a delay of less than 3 hours
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Old Jun 18, 2018, 3:40 am
  #769  
 
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Originally Posted by ajeleonard
That logic is unlikely to be accepted grounds for an EU261 claim. If the runway closure had not taken place then the flight would (most likely) have operated with a delay of less than 3 hours
You're correct there but had they turned it round on time then it would have operated pretty much to schedule as the TCX flight did that arrived just behind it on the first rotation and got away to PMI on time before the runway closure.

My point is their slow turnround directly led to the nearly, 4 hour delay we encountered.
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Old Jun 18, 2018, 3:44 am
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Originally Posted by steve170461
You're correct there but had they turned it round on time then it would have operated pretty much to schedule as the TCX flight did that arrived just behind it on the first rotation and got away to PMI on time before the runway closure.

My point is their slow turnround directly led to the nearly, 4 hour delay we encountered.
Any idea why the turn around was held up before the PMI departure? If it was French ATC restrictions (I think they were striking again over the weekend) then your argument is invalid before you start.

Pilot37
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Old Jun 18, 2018, 3:55 am
  #771  
 
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Originally Posted by Pilot37
Any idea why the turn around was held up before the PMI departure? If it was French ATC restrictions (I think they were striking again over the weekend) then your argument is invalid before you start.

Pilot37
I can only point out that the all seemed OK with the TCX flight at the same STD to PMI that went on time with a 1 hour turnround. There were no major delays despite Marseille having a strop on.
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Old Jun 18, 2018, 3:57 am
  #772  
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Always ambitious to title a thread "Valid EU261 claim" when I can see more than one reason for why the claim isn't likely to be approved. Good luck with it though.
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Old Jun 18, 2018, 3:59 am
  #773  
 
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Originally Posted by craigthemif
Always ambitious to title a thread "Valid EU261 claim" when I can see more than one reason for why the claim isn't likely to be approved. Good luck with it though.
I think given the content of the original question, the OP is clearly asking for advice as to whether he / she has a valid EU261 claim. I would suggest there is a question mark missing from the thread title.
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Old Jun 18, 2018, 4:00 am
  #774  
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It seems the delay for your AGP-BHX flight tracks back to a late departure form BHX-PMI on 16 June on BA7029 which should have departed at 1220 but actually departed at 1644. The aircraft was therefore late on the return PMI-BHX, and then late departing for AGP later on.

The D8 flight which caused all the problems landed at BHX at 1337. It's not clear why BA7029 was delayed departing, but as ajeleonard noted though the majority of the delay could be attributable to the runway closure which would mean no compensation.
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Old Jun 18, 2018, 4:02 am
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It only takes 5 minutes to put in the claim and within a few days (or weeks) you will receive BA's answer. The last time I submitted a claim, I only said that I had arrived at my final destination 5 hours late due to a missed connection because of a late inbound aircraft. As far as I was concerned, it was then up to BA to explain why my claim wasn't valid if they believed it wasn't.

In my case it was apparently valid and I have been paid the €600. You can't lose by submitting the claim. If they say they're not liable, then you can decide whether you wish to pursue it further.
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Old Jun 18, 2018, 4:26 am
  #776  
 
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Originally Posted by Mike P
I think given the content of the original question, the OP is clearly asking for advice as to whether he / she has a valid EU261 claim. I would suggest there is a question mark missing from the thread title.
Indeed there was a ? or even ???? missing. i did try to find a way to insert but to no avail.
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Old Jun 20, 2018, 2:56 am
  #777  
 
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Hi,

Sorry in advance for not searching the thread - currently on a delayed BA flight waiting to leave Ams, connecting at Heathrow to a Virgin flight to LA. One ticket booked through Virgin. Delay is due to baggage reconciliation issues at AMS.

If it gets worse and I misconnect, who would be responsible for rearranging, and what would obligations be in terms of which carriers to reroute on etc? And best people for me to speak with?

Hopefully i’ll still make it, but just trying to arm myself for a quick resolution in case of any further delays.

Thanks!
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Old Jun 20, 2018, 3:24 am
  #778  
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Originally Posted by woglet86
Hi,

Sorry in advance for not searching the thread - currently on a delayed BA flight waiting to leave Ams, connecting at Heathrow to a Virgin flight to LA. One ticket booked through Virgin. Delay is due to baggage reconciliation issues at AMS.

If it gets worse and I misconnect, who would be responsible for rearranging, and what would obligations be in terms of which carriers to reroute on etc? And best people for me to speak with?

Hopefully i’ll still make it, but just trying to arm myself for a quick resolution in case of any further delays.

Thanks!
Are you on a through booking ? if so, then BA will probably have sorted you out or Virgin will ( if you misconnect ) - with the delay, I believe that BA is the one responsible for rebooking, so it may just put you on a BA flight if necessary, though looking at the schedules, there is a 2nd VS flight later in the day

BA would be responsible for EC261 compensation
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Old Jun 20, 2018, 3:28 am
  #779  
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Originally Posted by woglet86
Hi,

Sorry in advance for not searching the thread - currently on a delayed BA flight waiting to leave Ams, connecting at Heathrow to a Virgin flight to LA. One ticket booked through Virgin. Delay is due to baggage reconciliation issues at AMS.

If it gets worse and I misconnect, who would be responsible for rearranging, and what would obligations be in terms of which carriers to reroute on etc? And best people for me to speak with?

Hopefully i’ll still make it, but just trying to arm myself for a quick resolution in case of any further delays.

Thanks!
proceed via airside connecitons to T3 when you get to LHR, and then to the virgin customer service desk just after connection security in T3 - they will rebook you if you need it.
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Old Jun 20, 2018, 4:04 am
  #780  
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Originally Posted by woglet86
If it gets worse and I misconnect, who would be responsible for rearranging, and what would obligations be in terms of which carriers to reroute on etc? And best people for me to speak with?
If you are on BA429 then that's only about 15 minutes late (though the timings don't align with your post, so I may have got this wrong, BA431 is more or less on time). But I'd endorse the advice to hotfoot to T3, and definitely airside too via the bus service to Flight Connections, and then to the Virgin desk, unless someone meets you off the AMS service with other options - which being VS is unlikely. Formally it's BA who is responsible for the missed departure, but that doesn't change the advice to go to VS in T3 first, they will refer you to BA (next desk along) if they are out of options.
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