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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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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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Old Jul 28, 2018, 1:15 pm
  #991  
 
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Hi there,
July 18th 19:40 my flight BA916 LHR-FRA was cancelled once I arrived at T5; all terminals were down (FLY system outage)and nobody could do anything;
going to the first wing check-in, the manager announced the flights that have been cancelled and suggested that each one makes it by tube downtown and look for a hotel as everything around Heathrow was full; and additionally, one had to try and contact BA on the phone to rebook as they couldn't do anything;
I found a hotel in Windsor, got a taxi there, re-book my flight for the next day @07:05 and finally arrived in Frankfurt on July 19th!
I did claim my expenses and EC261 online;
July 26th I got a call from BA and the agent agreed to pay my expenses but not EC261 because the cancellation of my flight was due to the ATC evacuation on July 18th noon (email below);
Is there any other way to make BA compensate me or my only chance is CEDR?
Many thanks,
Anastasis

Dear Mr
Thanks for your time on the phone today. I’m sorry you're unhappy with our resolution to your complaint. I’ve reviewed all of the information you’ve given us, however, our response will not change and we’re unable to respond to any further requests for compensation.
You can refer your complaint to the Centre for Effective Dispute Resolution (CEDR) for an independent decision to be made. CEDR is an independent dispute resolution provider, certified by the Civil Aviation Authority, to adjudicate disputes between airlines and their passengers which haven’t been resolved through the airline’s own complaints procedure.
You can find out how to refer your complaint to CEDR by visiting their website: CEDR
Please note that the scope of the adjudication scheme is limited and it could be that your complaint falls outside of it. If you choose to contact CEDR, they’ll be able to advise you if they’re able to deal with your complaint. You may also use the European Commission’s online dispute resolution platform to submit your complaint if you wish. This can be done by completing the electronic form available via this link:
If your claim falls within the scope of the CEDR Scheme Rules and your application to CEDR is accepted, any previous offer of settlement made by British Airways will be withdrawn. If the application is taken to adjudication, the adjudicator's decision will be final.
I hope this helps and thanks again for contacting us.
Best regards
••••••• ••••
British Airways Customer Relations
Your case reference is:••••••••

Last edited by Prospero; Jul 28, 2018 at 2:24 pm Reason: remove staff member's name (per FT rules) and case ref no (for Anastasis's protection)
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Old Jul 28, 2018, 1:22 pm
  #992  
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Originally Posted by danger
Thank you both. This week I was scheduled to fly from an outstation (outside the EU but an airport BA serves more than once a day). We were notified at check-in of a circa 45 minute delay apparently due to weather impacting the inbound's departure from LHR. At the gate, a few minutes after the original departure time but before the revised, we were told the flight had been cancelled due to an I'll FO. It was BA's last departure of the day. We were re-scheduled 24 hours later.

I'd be an interested in people's thoughts on whether or not this is due EU261. We've all been given transportation, food and overnight accommodation which on the face of it is great (although the ground handling was appalling). On the flipside, was it really illness or is BA just saying that because it can?
What was the outstation, date, and flight number?

Many people here can provide highly useful information when they have the basics. There are outstations and outstations. There are also outstations where it may be possible to find other crew relatively nearby.
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Old Jul 28, 2018, 1:23 pm
  #993  
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Originally Posted by corporate-wage-slave
There have been a number of these cases of this in the last few weeks. I doubt that BA would give this reason out incorrectly since it could easily be found out if wrong, though mis-communication can happen anywhere. If the flight was in the last 3 days or so you (or we) can check the dispatch information on Expertflyer since there is a cancellation or delay code. But that may just be ZO (operational) which is fairly meaningless.

If the crew normally back to back on the service (so don't come off a night stop) then it would - to my mind - be extraordinary if the First Officer was too ill to return. If it is a multi-night stop location and multiple crews then there may have been some wriggle room for crew members to be swapped over (New York being as UKtravelbear pointed out the most well equipped to do this). Maybe this is a location where they could have got a crew member out to the out-station fairly quickly though if it was the last service of the day that may or may not have been possible. Depends when BA found out and the flight time of outbound service, I would guess. But if it was somewhere like IST - which had a diversion to Split a few weeks ago on this issue - or DME then it's probably unreasonable to expect BA to have standby crew available to take over from at short notice.

The other area to consider is that even we accept that a sick FO on the inbound was extraordinary, then BA are not off the hook for resolving the issue. There are court rulings that point out that even if extraordinary circumstances are involved, it doesn't give the airline a carte blanche to delay passengers unnecessarily. If there were other services, perhaps joint business airlines, then BA could be expected to get passengers to London faster than 24 hours late.
That's exceptionally helpful information, thank you. It was indeed IST.

Originally Posted by Often1
What was the outstation, date, and flight number?

Many people here can provide highly useful information when they have the basics. There are outstations and outstations. There are also outstations where it may be possible to find other crew relatively nearby.
It was IST on BA675 today, 28 July.

What I'm sensing is that this probably doesn't qualify for EU261.
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Old Jul 28, 2018, 1:51 pm
  #994  
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Originally Posted by danger
It was IST on BA675 today, 28 July.

What I'm sensing is that this probably doesn't qualify for EU261.
I'm guessing it was BA677 today, which I think is back to back off BA676 (at least it is for the cabin crew, so perhaps also for the flight deck too). This arrived a bit late, scheduled ETA was 16:25

LHR ESTIMATED TIME OF DEPARTURE 1025
LEFT THE GATE 0923
TOOK OFF 1041
ESTIMATED TIME OF ARRIVAL 1713 IST
IST AIRCRAFT LANDED 1708
ARRIVED 1715
and has now been delayed overnight to 16:45 Sunday, just enough time to get a replacement FO / flight crew over from Sunday's 676 service. So this falls into place for being extraordinary. However still do claim, filling in the webform will only take a minute or two, it won't cost you anything, but I wouldn't expect a positive answer. There is a line of argument out there that it is BA's commercial decision not to have standby crew in IST, though it doesn't seem realistic to me.

The dispatch information is updated yet for your service, which is normal since it needs the dispatcher to press some buttons after departure, but if I remember I'll put it up here.

There is a morning service from IST - LHR, 675, but it's completely zero'ed out, my guess is that Golds, Club and perhaps Silvers from your service were used to fill it up. However there are a few seats unallocated on it (1 in CE, 10 in ET) which may be needed for on carriage passengers not yet allocated to the service. But if you ring BA now, or at the airport, they may be able to give you seats on this service. However I'd only do this if you really need to get on the service, it will be low on catering for example. I'd just take advantage of another day in IST.
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Old Jul 28, 2018, 2:02 pm
  #995  
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Originally Posted by corporate-wage-slave
I'm guessing it was BA677 today, which I think is back to back off BA676 (at least it is for the cabin crew, so perhaps also for the flight deck too). This arrived a bit late, scheduled ETA was 16:25

LHR ESTIMATED TIME OF DEPARTURE 1025
LEFT THE GATE 0923
TOOK OFF 1041
ESTIMATED TIME OF ARRIVAL 1713 IST
IST AIRCRAFT LANDED 1708
ARRIVED 1715
and has now been delayed overnight to 16:45 Sunday, just enough time to get a replacement FO / flight crew over from Sunday's 676 service. So this falls into place for being extraordinary. However still do claim, filling in the webform will only take a minute or two, it won't cost you anything, but I wouldn't expect a positive answer.

The dispatch information is updated yet for your service, which is normal since it needs the dispatcher to press some buttons after departure, but if I remember I'll put it up here.

There is a morning service from IST - LHR, 675, but it's completely zero'ed out, my guess is that Golds, Club and perhaps Silvers from your service were used to fill it up. However there are a few seats unallocated on it (1 in CE, 10 in ET) which may be needed for on carriage passengers not yet allocated to the service. But if you ring BA now, or at the airport, they may be able to give you seats on this service. However I'd only do this if you really need to get on the service, it will be low on catering for example. I'd just take advantage of another day in IST.
Sorry. Yes, 677. My partner and I (she is Silver and the booking is in her name) have been booked on BA675, hence my mixup with the numbers. We need to get back to London and she has a family function in Essex late Sunday afternoon. Somewhat of a concern is the fact we cannot online check-in for that flight and the seats BA told her were ours are showing as blocked on EF.

There were two TK flights to LHR that departed after our cancelled flight tonight .But BA's contract staff at IST were clearly in over their heads and there was no organisation. A number of passengers were re-booked on those flights but by the time we made it to the front of the queue the first flight had departed and the second was full. My partner phoned BA but was told they could only re-accommodate us on oneworld partners from their own; apparently only the airport can book on non-oneworld carriers.

If the flight crew was indeed on the inbound and the FO (rather than a FA) fell ill then at this point I'm leading towards agreeing it is extraordinary. That said, BA675 at 8.35am is the first departure of the day which to my lay mind suggests at least one BA crew is laying over in IST tonight to operate that first flight tomorrow.

There's a fair bit of opaqueness, though, which I don't like. I'm assuming that the near-24 hour delay is due to slots at LHR and that's the reason a replacement FO isn't being flown in on the early TK departure from LHR that would then allow the cancelled flight to go around 1.30pm.

Thank you, again. Extraordinarily helpful. My partner is happy for the extra night in IST but I will do as you suggest and claim anyway. I'll report back although I'm taking not bets on what the answer will be!
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Old Jul 28, 2018, 2:15 pm
  #996  
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Originally Posted by danger
If the flight crew was indeed on the inbound and the FO (rather than a FA) fell ill then at this point I'm leading towards agreeing it is extraordinary. That said, BA675 at 8.35am is the first departure of the day which to my lay mind suggests at least one BA crew is laying over in IST tonight to operate that first flight tomorrow.

There's a fair bit of opaqueness, though, which I don't like. I'm assuming that the near-24 hour delay is due to slots at LHR and that's the reason a replacement FO isn't being flown in on the early TK departure from LHR that would then allow the cancelled flight to go around 1.30pm.
Well my experience is that this a fast moving situation so it's possible that a seat would be available for at least one of you on the morning service, but yes, one reason to get back to desk after an irrop is that you have the best chance of being rebooked until these seats are all gone. At this time of year it would probably just be a handful. And yes, only airport staff could rebook on to TK, which I suspect they did for those on carriage (with connections) who couldn't get on the BA morning service. So the rule is "ring up to rebook on BA, ask airport agents for alternatives". The ring up option still exists, if your partner is Silver it may count for something if a seat becomes available and you're really keen to get back.

IST is part night stopped, part back to back, so yes there is a full crew in IST overnighting right now as planned, however if they took the FO off that service (and even assuming that was within the working hours allowance) then they have the same problem again tomorrow morning, and arguably that would have been a commercial decision to wreck those passengers' plans. There are 2 flights a day to IST so on current timetable this is the best they can do (and incidentally I reckon you may be a bit later departing tomorrow than advertised). However you have a point that they could send the replacement crew out on TK and reduce the delay slightly.
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Old Jul 28, 2018, 2:22 pm
  #997  
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Originally Posted by Anastasis
Is there any other way to make BA compensate me or my only chance is CEDR?
That wording generally means BA aren't going to budge. If you look at the main thread for EC261 - in the Dashboard - I tend to advocate leaving it a few days before claiming. The timing seems more in line with the Amadeus issue, but BA may be arguing the aircraft concerned is still in the ATC stack. Yes you can try CEDR, the alternative is MCOL, more details in the main thread, both are a bit of hassle. The other alternative is a claims firm but I wouldn't recommend that path.
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Old Jul 28, 2018, 9:38 pm
  #998  
 
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Unbelievable! My flight from DUS yesterday was delayed again!! (BA0945). Wasnt 100% informed about the reason for the delay, as the plane that need to take us back actually arrived into DUS, albeit 2 hours+ late.

Now hopefully I can claim this through EC261 as I was delayed overnight and planning to arriving back in LHR at 08:15 on BA935

Any expert can shed a light as to what caused the delay?

Last edited by JALlover; Jul 28, 2018 at 9:43 pm
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Old Jul 29, 2018, 3:17 am
  #999  
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Yesterday's early MUC-LHR flight was cancelled because of the weather-related cancellation of the inbound flight the evening before. I was rebooked via VIE on OS/BA but a security breach at T2 caused major problems including cancellation of the MUC-VIE flight. Eventually I was waitlisted on a direct LH flight in the evening. The waitlist cleared but only in Y (original ticket was CE payed with reduced Avios and cash).

The two cancellations would appear to be extraordinary circumstances but I guess I can still chase compensation for the downgrade - but who from BA (based on award flight) or LH (revenue?)?

Thanks for any advice.
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Old Jul 29, 2018, 3:32 am
  #1000  
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Originally Posted by TSE
Eventually I was waitlisted on a direct LH flight in the evening. The waitlist cleared but only in Y (original ticket was CE payed with reduced Avios and cash).

The two cancellations would appear to be extraordinary circumstances but I guess I can still chase compensation for the downgrade - but who from BA (based on award flight) or LH (revenue?)?
The operating carrier for the downgrade appears to be Lufthansa, so on paper they are responsible, however they were operating off a ticket or pseudo ticket issued by BA. So pragmatically I would approach BA for this. If I've understood it was an Avios ticket, where you reduced the number of Avios by paying a larger cash component - realistically BA are best placed to calculate the Involuntary Fare Refund, and Avios refund, but by all means do an approximate calculation of the EC261 formula (see the top of the thread) to ensure you get roughly the right amount back.
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Old Jul 29, 2018, 3:45 am
  #1001  
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Originally Posted by JALlover
Any expert can shed a light as to what caused the delay?
I'm a bit surprised the captain did not explain the cause of the delay before departure, that is certainly the SOP in this situation. This flight was delayed overnight, it was supposed to depart on Saturday at 20:45 CET. The outbound service (BA944) was late getting to DUS so presumably either the crew were out of hours and/or the curfews at DUS and/or LHR got in the way. If so, then you are probably in EC261 territory since BA could have presumably got the aircraft to DUS on time, however there was a lot of bad weather yesterday too.

The dispatch notes give ZY on BA945 to LHR (rotational delay, late inbound),
DOBA945/28JUL
* OPERATIONAL FLIGHT INFO * BA 945 -1 SA 28JUL18
CITY INFO HOUR (LOCAL)

DUS ESTIMATED TIME OF DEPARTURE 0930
LEFT THE GATE 0931
TOOK OFF 0942
DELAY ZY
ESTIMATED TIME OF ARRIVAL 0954 LHR
LHR AIRCRAFT LANDED 0947
ARRIVED 0956
*1A PLANNED FLIGHT INFO* BA 945 -1 SA 28JUL18
APT ARR DY DEP DY CLASS/MEAL EQP GRND EFT TTL
DUS 2045 SA JCDRI/M YB/G 319 1:20
HKMLVNOQSGX/G
LHR 2105 SA 1:20
COMMENTS-
1.DUS LHR - MEMBER OF ONEWORLD
2.DUS LHR - ARRIVES TERMINAL 5
3.DUS LHR - 9/ NON-SMOKING
4.DUS LHR - ET/ ELECTRONIC TKT CANDIDATE
5.DUS LHR - CO2/PAX* 71.58 KG ECO, 71.58 KG PRE
(*):SOURCE:ICAO CARBON EMISSIONS CALCULATOR
CONFIGURATION-
319 C 24 M 107
and the outbound from LHR BA944 has ZO - operational delay, probably rolling delays during the day mounting up.
DOBA944/28JUL
* OPERATIONAL FLIGHT INFO * BA 944 -1 SA 28JUL18
CITY INFO HOUR (LOCAL)

LHR ESTIMATED TIME OF DEPARTURE 1940
LEFT THE GATE 1938
TOOK OFF 2000
DELAY ZO
ESTIMATED TIME OF ARRIVAL 2157 DUS
DUS AIRCRAFT LANDED 2149
ARRIVED 2157
*1A PLANNED FLIGHT INFO* BA 944 -1 SA 28JUL18
APT ARR DY DEP DY CLASS/MEAL EQP GRND EFT TTL
LHR 1725 SA JCDRI/M YB/G 319 1:25
HKMLVNOQSGX/G
DUS 1950 SA 1:25
COMMENTS-
1.LHR DUS - MEMBER OF ONEWORLD
2.LHR DUS - DEPARTS TERMINAL 5
3.LHR DUS - 9/ NON-SMOKING
4.LHR DUS - ET/ ELECTRONIC TKT CANDIDATE
5.LHR DUS - CO2/PAX* 71.58 KG ECO, 71.58 KG PRE
(*):SOURCE:ICAO CARBON EMISSIONS CALCULATOR
CONFIGURATION-
319 C 24 M 107
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Old Jul 29, 2018, 7:35 am
  #1002  
 
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Hope this is the correct forum - if not apologies and Mods, please feel free to move.

Can anyone help with the reason yesterdays (28/7/2018) LCY-IOM BA3284 was cancelled? Seems the previous IOM-LCY service was also cancelled. Anecdotally we were told by airside customer service that the inbound aircraft had gone tech - but they seemed completely overwhelmed by the situation, given that the following direct BA service was more than 24hours later (i.e today). NO mention was made of weather related issues, and had been accepted for flight - bag checked in - and I was through security.From my reading of this forum , EC261 should apply even if I subsequently had to cancel the (deferred) flight as arriving 24+ hour later rather negated my reason for travelling. Further annoyance was to find that I had been rebooked and downgraded from CE to ET on the later flight, only to be offfered the "opportunity" to buy an upgrade for £59 when I checked on MMB.
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Old Jul 29, 2018, 9:54 am
  #1003  
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Originally Posted by PWOZUK
Can anyone help with the reason yesterdays (28/7/2018) LCY-IOM BA3284 was cancelled? .
There isn't a lot on the dispatch notes, but I would guess it was due to equipment and/or crew shortage, perhaps caused by either technical problems with the aircraft, or aircraft out of position from Friday's events. Since this is a LCY departure, this seems OK for Article 7 compensation unless there was some other factor.

DOBA3284/28JUL
* OPERATIONAL FLIGHT INFO * BA3284 -1 SA 28JUL18
CITY INFO HOUR (LOCAL)

LCY ESTIMATED TIME OF DEPARTURE 1250
FLIGHT CANCELLED 0529
ESTIMATED TIME OF ARRIVAL 1405 IOM
*1A PLANNED FLIGHT INFO* BA3284 -1 SA 28JUL18
APT ARR DY DEP DY CLASS/MEAL EQP GRND EFT TTL
LCY 1150 SA JCDRI/M YB/S S20 1:15
HKMLVNOQSGX/S
IOM 1305 SA 1:15
COMMENTS-
1.LCY IOM - AIRCRAFT OWNER EASTERN AIRWAYS
2.LCY IOM - OPERATED BY EASTERN AIRWAYS FOR BA CITYFLYER
3.LCY IOM - MEMBER OF ONEWORLD
4.LCY IOM - 9/ NON-SMOKING
5.LCY IOM - ET/ ELECTRONIC TKT CANDIDATE
6.LCY IOM - CO2/PAX* 83.39 KG ECO, 83.39 KG PRE
(*):SOURCE:ICAO CARBON EMISSIONS CALCULATOR
CONFIGURATION-
S20 C 5 M 45
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Old Jul 29, 2018, 9:59 am
  #1004  
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Originally Posted by corporate-wage-slave
The dispatch information isn't updated yet for your service, which is normal since it needs the dispatcher to press some buttons after departure, but if I remember I'll put it up here.
Here are the dispatch details for the IST-LHR service, and it has a rotational (ZY) and operational (ZO) marked.
DOBA677/28JUL
* OPERATIONAL FLIGHT INFO * BA 677 -1 SA 28JUL18
CITY INFO HOUR (LOCAL)

IST ESTIMATED TIME OF DEPARTURE 1645
LEFT THE GATE 1728
TOOK OFF 1800
DELAY ZY
DELAY ZO
FLIGHT CANCELLED 0533
OPER
ESTIMATED TIME OF ARRIVAL 1934 LHR
*1A PLANNED FLIGHT INFO* BA 677 -1 SA 28JUL18
APT ARR DY DEP DY CLASS/MEAL EQP GRND EFT TTL
IST 1725 SA JCDRI/M YB/G 320 4:05
HKMLVNOQSGX/G
LHR 1930 SA 4:05
COMMENTS-
1.IST LHR - MEMBER OF ONEWORLD
2.IST LHR - DEPARTS TERMINAL I
3.IST LHR - ARRIVES TERMINAL 5
4.IST LHR - 9/ NON-SMOKING
5.IST LHR - ET/ ELECTRONIC TKT CANDIDATE
6.IST LHR - CO2/PAX* 201.54 KG ECO, 201.54 KG PRE
(*):SOURCE:ICAO CARBON EMISSIONS CALCULATOR
CONFIGURATION-
320 C 12 M 150
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Old Jul 30, 2018, 2:15 am
  #1005  
 
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Posts: 1,188
Originally Posted by corporate-wage-slave
I'm a bit surprised the captain did not explain the cause of the delay before departure, that is certainly the SOP in this situation. This flight was delayed overnight, it was supposed to depart on Saturday at 20:45 CET. The outbound service (BA944) was late getting to DUS so presumably either the crew were out of hours and/or the curfews at DUS and/or LHR got in the way. If so, then you are probably in EC261 territory since BA could have presumably got the aircraft to DUS on time, however there was a lot of bad weather yesterday too.

The dispatch notes give ZY on BA945 to LHR (rotational delay, late inbound),
DOBA945/28JUL
* OPERATIONAL FLIGHT INFO * BA 945 -1 SA 28JUL18
CITY INFO HOUR (LOCAL)

DUS ESTIMATED TIME OF DEPARTURE 0930
LEFT THE GATE 0931
TOOK OFF 0942
DELAY ZY
ESTIMATED TIME OF ARRIVAL 0954 LHR
LHR AIRCRAFT LANDED 0947
ARRIVED 0956
*1A PLANNED FLIGHT INFO* BA 945 -1 SA 28JUL18
APT ARR DY DEP DY CLASS/MEAL EQP GRND EFT TTL
DUS 2045 SA JCDRI/M YB/G 319 1:20
HKMLVNOQSGX/G
LHR 2105 SA 1:20
COMMENTS-
1.DUS LHR - MEMBER OF ONEWORLD
2.DUS LHR - ARRIVES TERMINAL 5
3.DUS LHR - 9/ NON-SMOKING
4.DUS LHR - ET/ ELECTRONIC TKT CANDIDATE
5.DUS LHR - CO2/PAX* 71.58 KG ECO, 71.58 KG PRE
(*):SOURCE:ICAO CARBON EMISSIONS CALCULATOR
CONFIGURATION-
319 C 24 M 107
and the outbound from LHR BA944 has ZO - operational delay, probably rolling delays during the day mounting up.
DOBA944/28JUL
* OPERATIONAL FLIGHT INFO * BA 944 -1 SA 28JUL18
CITY INFO HOUR (LOCAL)

LHR ESTIMATED TIME OF DEPARTURE 1940
LEFT THE GATE 1938
TOOK OFF 2000
DELAY ZO
ESTIMATED TIME OF ARRIVAL 2157 DUS
DUS AIRCRAFT LANDED 2149
ARRIVED 2157
*1A PLANNED FLIGHT INFO* BA 944 -1 SA 28JUL18
APT ARR DY DEP DY CLASS/MEAL EQP GRND EFT TTL
LHR 1725 SA JCDRI/M YB/G 319 1:25
HKMLVNOQSGX/G
DUS 1950 SA 1:25
COMMENTS-
1.LHR DUS - MEMBER OF ONEWORLD
2.LHR DUS - DEPARTS TERMINAL 5
3.LHR DUS - 9/ NON-SMOKING
4.LHR DUS - ET/ ELECTRONIC TKT CANDIDATE
5.LHR DUS - CO2/PAX* 71.58 KG ECO, 71.58 KG PRE
(*):SOURCE:ICAO CARBON EMISSIONS CALCULATOR
CONFIGURATION-
319 C 24 M 107
Thank you C-W-S!! Life saver! Will now submit the claim as it seems certain I can get compensated.

P.a looks like I need to get Expertflyer as well.​
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