May 22, 2018, 3:28 am
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.
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.
The 2018 BA compensation thread: Your guide to Regulation EC261/2004
Jul 25, 2018, 2:33 pm
#961
Join Date: Jan 2017
Programs: BA Gold, HHonors Gold, Hyatt Globalist, IHG Diamond, Marriott Gold, Radisson Gold, Wyndham Gold
Posts: 102
Jul 25, 2018, 4:07 pm
#962
Join Date: Oct 2014
Location: Krakow
Programs: BAEC Silver, Miles and More(FTL), IHG(Platinum), Accor, HHonors(Diamond), SPG, Hertz Five Star
Posts: 5,899
you should have received an email shortly after finishing the process, the subject would be
"Your British Airways Case reference number<xxxxxx>"
and the body of the text starts off "thank you we're on the case" and again quotes your case reference number
"Your British Airways Case reference number<xxxxxx>"
and the body of the text starts off "thank you we're on the case" and again quotes your case reference number
Jul 25, 2018, 4:16 pm
#963
Join Date: Jan 2017
Programs: BA Gold, HHonors Gold, Hyatt Globalist, IHG Diamond, Marriott Gold, Radisson Gold, Wyndham Gold
Posts: 102
Yeah not quite sure what happened, didnt get one. I tried a few times again today and kept getting an error. Finally got one through and email with reference now.
Thanks all
Thanks all
Jul 25, 2018, 6:49 pm
#964
Join Date: Nov 2013
Location: Bracebridge, ON
Posts: 341
When I did my last one it took about 3 weeks for an initial denial of claim. After sending a follow-up letter, another 4-5 weeks and I got a puny offer of less than half of what was owed. Another letter and another 2 months, finally a "final offer" of not much better.
Mediation, 3 more months, and I received the full payout owed, but no apology for it taking 6 months to get my compensation.
Hopefully you have better luck!
Mediation, 3 more months, and I received the full payout owed, but no apology for it taking 6 months to get my compensation.
Hopefully you have better luck!
Jul 25, 2018, 10:32 pm
#965
Join Date: Jan 2009
Posts: 1,188
I sent mine last Thursday and got a reply two days ago on Tuesday. So I guess around 4 to 5 days should suffice
That claim was for the IT breakdown last Wednesday after the ATC evac in LHR.
That claim was for the IT breakdown last Wednesday after the ATC evac in LHR.
Jul 26, 2018, 1:36 am
#966
Join Date: Jul 2005
Location: London, ARN, HEL, ..... or MAN
Programs: BA GGL / GFL, Mucci Diamond!, HH Diamond, Radisson Premium, IHG Gold, Hertz Gold
Posts: 5,892
I've had 2 x EU261s in the last year. Both acknowledged by auto email almost immediately, both followed up with a personalised email within 2-3 days and both paid within 10 days. I tend to find the process very efficient.
Jul 26, 2018, 3:13 am
#967
Join Date: Nov 2013
Location: Glasgow
Programs: BAEC (Silver), IHG (Plat Elite)
Posts: 541
What was their reply ? I was also caught up in this last week, 36 hours late to final destination, but only got around to submitting my claim yesterday. I did receive an email with claim number pretty much immediately after. I'm just wondering if they will try and claim extraordinary circumstance, or supplier failure.
Jul 26, 2018, 3:18 am
#968
FlyerTalk Evangelist
Join Date: May 2014
Location: UK
Programs: BA Gold
Posts: 12,253
ATC evac? Odds are they'll go straight to refusal
Jul 26, 2018, 3:33 am
#969
Join Date: Jan 2009
Posts: 1,188
What was their reply ? I was also caught up in this last week, 36 hours late to final destination, but only got around to submitting my claim yesterday. I did receive an email with claim number pretty much immediately after. I'm just wondering if they will try and claim extraordinary circumstance, or supplier failure.
You should get a reply from them personally within 4 days after getting your claim number.
Jul 26, 2018, 4:18 am
#970
Join Date: Nov 2013
Location: Glasgow
Programs: BAEC (Silver), IHG (Plat Elite)
Posts: 541
Thanks for clarifying JALlover. My cancellation was presumably also caused by the IT issue, rather than the ATC evacuation. I did receive an "apology for the cancellation" email, which took great pains to point out it was a supplier failing, rather than BA themselves. So was braced for a refusal. I'll feedback once I've heard, but good to hear you were successful.
Jul 26, 2018, 2:37 pm
#971
Join Date: Aug 2016
Programs: BA Gold, Hilton Lifetime Diamond, Marriott Titanium
Posts: 149
Conclusion was that EU261 was valid, but only offered at the €125 per person with explanation it only includes the cancelled EDI-LGW leg, not total travel distance. When queried, got some mumbled explanation about the cancellation being down to damage to the aircraft so might be extraordinary circumstances, which I took as an attempt to deflect further debate - surely it either applies or it does not? They did also offer Ł50 towards the taxi on top of the compensation.
Given I only really wanted to cover costs, I accepted. Ł273 and 10k avios goes far enough beyond the Ł75 taxi to make up for the relatively minor original inconvenience, and time spent on an email and phone call.
Thanks for the helpful thread and advice.
Last edited by ao40; Jul 26, 2018 at 2:43 pm
Jul 26, 2018, 2:43 pm
#972
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: 63,766
Thank you for reporting back, it is sometimes worth a call to resolve things quickly. There is a debate to be had here as to whether this is correct or not, and in the end it's your own views which matter most, however personally I think that's a fair outcome all things considered. It will buy a good meal out to make up for the mad rush to Gatwick.
Jul 26, 2018, 4:53 pm
#973
Join Date: Jul 2018
Posts: 2
Welcome to the BA forum on Flyertalk DanTheCheesyMan, it's good to see you here. We like to encourage new members so I hope you will continue to participate.
This may be a bit of a grey area. You were clearly more than 3 hours late, but not 4 hours late. The first flight would appear to have qualified but for the fact that you presumably had a generous connection originally and so the rebooked MAN flight still kept you under the 3 hours had it stayed with the timetable. Then looking at why that didn't go to plan, there seems to be a mix of reasons, some of which BA aren't responsble for. So the 35 minutes waiting for takeoff clearance isn't unusual at LHR. I generally assume that it take about 20 minutes from pushback to take off at LHR, and anything more than that is just LHR congestion. I can't see the cause of the original delay in Toronto, nor the reason for the late boarding at LHR (presumably aircraft late on a previous sector). Baggage delays are not extraordinary circumstance, nor is late inbound aircraft at LHR (it may be at YYZ, depends on the cause). So I can't be sure this qualifies.
I would apply, it would be for the whole sector, so 300€, I would be a bit surprised if they just paid up, and then you will have a decision whether you can and wish to construct a case where at least 3 hours of delay was avoidable by BA. It is for BA to prove that there were more than 40 minutes of ATC / weather / congestion etc delays in there.
This may be a bit of a grey area. You were clearly more than 3 hours late, but not 4 hours late. The first flight would appear to have qualified but for the fact that you presumably had a generous connection originally and so the rebooked MAN flight still kept you under the 3 hours had it stayed with the timetable. Then looking at why that didn't go to plan, there seems to be a mix of reasons, some of which BA aren't responsble for. So the 35 minutes waiting for takeoff clearance isn't unusual at LHR. I generally assume that it take about 20 minutes from pushback to take off at LHR, and anything more than that is just LHR congestion. I can't see the cause of the original delay in Toronto, nor the reason for the late boarding at LHR (presumably aircraft late on a previous sector). Baggage delays are not extraordinary circumstance, nor is late inbound aircraft at LHR (it may be at YYZ, depends on the cause). So I can't be sure this qualifies.
I would apply, it would be for the whole sector, so 300€, I would be a bit surprised if they just paid up, and then you will have a decision whether you can and wish to construct a case where at least 3 hours of delay was avoidable by BA. It is for BA to prove that there were more than 40 minutes of ATC / weather / congestion etc delays in there.
Thanks for any help
Jul 26, 2018, 11:00 pm
#974
Join Date: Jun 2017
Location: UK
Programs: BAEC Gold, Marriott Platinum
Posts: 222
Compensation due?
Hi,
Today three members of my family were flying BA. The original itinerary was the following BIO-LHR-JFK-SFO. All in the same PNR and flying CW/Business.
It is my understanding that when they arrived from BIO there was a massive queue to transfer from T3-T5 and even with the Fast-Track they where unable to make it to the flight to JFK. They were then rebooked onto a flight to ORD and then on UA (poor them!) to SFO. Unfortunately, when they arrived at ORD their flight to SFO was cancelled (I do not know the reason. How can one find it out?). So I was wondering what if any compensation are they due?
Bil
Today three members of my family were flying BA. The original itinerary was the following BIO-LHR-JFK-SFO. All in the same PNR and flying CW/Business.
It is my understanding that when they arrived from BIO there was a massive queue to transfer from T3-T5 and even with the Fast-Track they where unable to make it to the flight to JFK. They were then rebooked onto a flight to ORD and then on UA (poor them!) to SFO. Unfortunately, when they arrived at ORD their flight to SFO was cancelled (I do not know the reason. How can one find it out?). So I was wondering what if any compensation are they due?
Bil
Jul 27, 2018, 4:50 am
#975
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: 63,766
Received a reply stating that due to a fire alarm going off in the ATC tower ended up being evacuated, hence my Toronto to LHR delay, however they never stated the reason for my LHR>MAN delay, which I found out was due to a technical fault on their side. Do I have any chance of making a claim on those grounds? Initially they rebooked me so I'd be fine, if it wasn't for the second delay (for which they were at fault) I wouldn't of been delayed by 3+ hours. Just wondering if it's worth chasing or if I should just let this one go?.
Now in your case what you have to do is work out the total delay against your original plan. So you were delayed (I think) by 3 hours 40 minutes, with 3 causes - ATC fire leading a very late takeoff from Canada, missed connection, technical delay on the final flight. BA will need to demonstrate that "extraordinary circumstances", here essentially the ATC fire, cause at least 41 minutes of that delay. While it's up to you whether to chase or not, I personally doubt you have much chance since the ATC delay looks to be longer than 40 minutes. It is for BA to prove it, not for you to prove the opposite, and occasionally BA pay up when it's not expected, but nevertheless this isn't the strongest claim I've seen in this thread.