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

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Old Jul 30, 2018, 3:28 am
  #1006  
 
Join Date: Dec 2004
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Some time ago I abandoned a trip due to over 6hrs delay for a departure to WAW. I gave up after 3hrs as I would have got there too late. I was refunded the itinerary. Am I also due compensation?
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Old Jul 30, 2018, 3:34 am
  #1007  
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Originally Posted by wobbly wings
Some time ago I abandoned a trip due to over 6hrs delay for a departure to WAW. I gave up after 3hrs as I would have got there too late. I was refunded the itinerary. Am I also due compensation?
Possibly, it depends on the cause of the cancellation. See the initial posts for details.
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Old Jul 30, 2018, 3:54 am
  #1008  
 
Join Date: Oct 2005
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Multiple Events

I booked NCE to LHR to GLA with Avios. Me and Mrs GLAFlyer - all one PNR. All in CE. There was just over 3 hours in LHR on the schedule.

This is what happened:
NCE - app shows 15 mins delay (late inbound)
Called to gate
Announced delay due to "inspection" This seemed to be an inspection by some external body?
After some time returned to lounge to await boarding
Boarded plane. So far total delay about 2 hours
Captain announces 1 hour delay on ground due to reduced flow rate at LHR - weather
LHR - arrived too late for original connection
Booked on later GLA flight. Seats allocated in economy
Went to First lounge
Polite request to customer service desk to see if they can do anything about the class of travel
Very helpful lady spends about 20 mins and finally gets through to flight management to see what they can do.
Flight delayed - late incoming
Beep at boarding gate and given CE seats 1A and 1F
Further hold on the gate due to congestion at LHR runway hold point
Arrived GLA 3 hours 20 mins late (from original booking time)
Luggage did not make it.


Do have a claim?
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Old Jul 30, 2018, 4:18 am
  #1009  
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Originally Posted by GLAFlyer
Captain announces 1 hour delay on ground due to reduced flow rate at LHR - weather<br />[snip]<br />Further hold on the gate due to congestion at LHR runway hold point<br />Arrived GLA 3 hours 20 mins late (from original booking time)
<br />There seems a mix of factors in this event, some under BA's control, some not. The reduced flow rate is plausible give what we know, and not open to EC261 article 7 compensation. So you could try anyway but I think it is unlikely you will get any where with this. For luggage, if returning home, you probably can't do much more than wait for its return.
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Old Jul 30, 2018, 4:28 am
  #1010  
 
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Originally Posted by corporate-wage-slave
Possibly, it depends on the cause of the cancellation. See the initial posts for details.
The cause was operational difficulties with the carrier. No ATC/strikes/weather or any other circumstance. I did check the initial post and other resources before posting but I still see no answer to the question. On top of a full refund of the ticket, which I already obtained, is the passenger entitled to compensation? Apologies if this has been covered before.
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Old Jul 30, 2018, 4:54 am
  #1011  
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Originally Posted by wobbly wings
The cause was operational difficulties with the carrier. No ATC/strikes/weather or any other circumstance.
If it's a pure delay, so the aircraft did eventually run then you need to actually travel on the service, and thereby be delayed, to get the article 7 compensation. If it was (eventually) cancelled then you can claim compenstion. Now if you can prove you actually were personally delayed 3 hours I think you still have a case, particularly in line with the cancellation equivalence, however the underlying legal cases for delay compensation all relate to passengers who actually travelled. The Regulation doesn't provide any compensation for delays, that has come about via jurdicial oversight, hence the difficulty.
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Old Jul 30, 2018, 4:12 pm
  #1012  
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We were delayed by 3hrs on our AA Dublin to Chicago flight a couple of weeks ago (booked thru BA holidays) and we missed our connection to Orlando. We got the next flight but arrived 4hrs 5 mins late.

submitted a claim to AA for EU261 compensation via customer services, and received email back today offering 600EURO per person cash or 800usd travel voucher (valid for 1 yr and non transferable). Needless to say we accepted the cash

still need to progress the downgrade.

ryanair on the other hand has rejected our claim for cancellation due to pilots strike. Aviation ADR claim to be submitted
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Old Jul 30, 2018, 4:37 pm
  #1013  
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Originally Posted by corporate-wage-slave
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
Are you able to break that down for me, corporate-wage-slave? Does ZO and ZY indicate a EU261-covered reason or is it a case of could be/could be not?

Also, the graphic in the first post that shows compensation for flight distances over 3500km also has "(EU to non-EU)". Does this mean the information in that graphic covers both flights greater than 3500km and flights that are EU to non-EU (and presumably vice-versa)? In other words, mine and my partner's flight from IST-LHR was just over 1500km; however, it was from outside EU to EU. Subject to all the other provisions being met, would our compensation be EUR400 (flights between 1500km and 3500) or EUR600 (EU to non-EU)?

I also read with interest FAQ 22 in the first post about a flight not being cancelled but being delayed for 24 hours. Ground staff at IST made it clear multiple times that the flight hadn't been cancelled but was merely delayed, albeit 23:25-odd minutes. And ultimately I think the flight actually departed a few minutes beyond 24 hours late (ba.com doesn't have information going back to 28 July) and FlightStats has no details. As mentioned, my partner and I got out on an alternative BA flight with an ultimate delay (in arriving) of just under 15 hours.
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Old Jul 31, 2018, 1:27 am
  #1014  
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Originally Posted by danger
Are you able to break that down for me, corporate-wage-slave? Does ZO and ZY indicate a EU261-covered reason or is it a case of could be/could be not?
ZO and ZY appear just to be internal codes which are used to collect statistics on delays, and to some extent demonstrate that the dispatcher did everything they could to get the flight out on time. So there isn't a direct link between the codes and EC261, but it can shore up the information matrix to know about it.

From what I'm seeing the crew illness was apparent either before landing on the earlier flight or soon after arrival. BA along with most airlines treat that as an unavoidable / unexpected event which means they don't normally pay compensation - but there is a reasonable alternative line of argument that says that staff sickness is not "inherent", and that it is down to a commercial decision as to whether to have enough staff / backup processes to cover this. There is further line of argument that BA have to take reasonable steps to mitigate delays, though by rebooking you on to the next BA flight they may have done that. My advice would be to claim for Article 7 compensation, but I have a feeling BA won't pay up. At which point you have to decide whether you want to take it to MCOL (I wouldn't bother with CEDR in this scenario).

It would be 400€ in this circumstance. The cancel versus delay issue isn't so relevant in this case since you clearly were delayed overnight. Both cancel and delay work off the same extraordinary circumstances criteria, but differ if the passenger gives up flying with the airline, though that's not at stake here.
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Old Jul 31, 2018, 3:45 am
  #1015  
 
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Originally Posted by chris1922Mk2
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.
Happy to report back that BA have approved my EC261/2004 compensation claim, and paid out for all four pax on the booking, €1000 Euros in GBP equivalent. The email made it clear the cancellation was as a result of the ATC evacuation and IT failure that affected many other airlines.
Also, there was a nice personal touch, by referencing my next booking on 5th September and wishing me a pleasant flight. So not so much of the copy paste response. Five days since I submitted the claim, and obviously no cash in bank account yet, but will be a direct transfer.

Relatively happy with the whole process TBH.

Last edited by chris1922Mk2; Jul 31, 2018 at 4:54 am
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Old Jul 31, 2018, 4:12 am
  #1016  
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My only 261 claim was submitted online at 1203 on a Saturday, and fully acknowledged at 0804 on the Sunday!
I’ve raised a cheque for £942.97, which will be in your name as the primary claimant. You’ll receive it soon.
This may be a record!!
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Old Jul 31, 2018, 4:23 am
  #1017  
 
Join Date: Oct 2011
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C-W-S
Thanks for your earlier reply to my query. In that (and other) summaries of the flight details, I notice a line showing FLIGHT CANCELLED

LCY ESTIMATED TIME OF DEPARTURE 1250
FLIGHT CANCELLED 0529
ESTIMATED TIME OF ARRIVAL 1405 IOM

but it really looks like 0529 is not an actual time the flight was cancelled ?

Had it been already cancelled, it is hard to understand why they allowed me to check in and deposit bags at 10:30 in time for the original 11:50 departure time.

Is the 0529 reference more of a sequence number of cancelled flights to date ?
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Old Jul 31, 2018, 4:29 am
  #1018  
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Originally Posted by PWOZUK
LCY ESTIMATED TIME OF DEPARTURE 1250
FLIGHT CANCELLED 0529
ESTIMATED TIME OF ARRIVAL 1405 IOM

but it really looks like 0529 is not an actual time the flight was cancelled ?
It is a time, but we've been struggling to work out what time zone it's given in (or even whether that's consistent from one occasion to the next).
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Old Jul 31, 2018, 4:39 am
  #1019  
 
Join Date: Jul 2016
Programs: BA Bronze SPG
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We've heard nothing since we submitted our EU261 claim on 10 July from our cancelled flight at LCY. We got the initial case reference number by immediate return but nothing since.

Find it perplexing that others are getting claims settled within a week.
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Old Jul 31, 2018, 4:40 am
  #1020  
 
Join Date: Jul 2018
Posts: 7
Hi guys,

New poster here, created an account specifically for this issue. My flight was caught up in the mess of cancellations due to the IT issues at Heathrow on Wednesday 18th July. My flight was Newcastle-Heathrow, due to take off 6:00AM on Thursday 19th July. But due to the issues at Heathrow, the plane never arrived in Newcastle Wednesday evening, meaning there was no plane at Newcastle to fly us out Thursday morning. I was due to catch a connecting flight from Heathrow to Boston, MA, at 11AM on the Thursday. The NCL-LHR flight wasn't confirmed as cancelled until 9PM Wednesday evening, meaning I had a huge panic on figuring out how I was now going to get to London in time for my connection. A lot of stress and a £180 train ticket later, I managed it.

My issue is that I submitted my claim (for both reimbursement of my train ticket, and EU compensation) on Thursday 19th July. I actually did it while I was on the train, so it was early, about 7AM. I have still yet to hear anything back. When I have contacted BA, I was told they deal with the claims in a 'date received' order. And yet, from reading this thread, it appears there are people who submitted their claims on both the same day as me, and a long time after me, who have already heard back. And yet I have not. Is this something I should be concerned about? Or am I simply being impatient? I received an auto confirm email after submitting my claim with a reference number on it, so it definitely went through. It's just somewhat disheartening to read that people who only submitted their claim a few days ago have already heard back, and I'm heading on for 2 weeks now with still nothing.

Could the fact that I am claiming for expenses as well as compensation lengthen the process? I am also slightly concerned, as I was travelling with my partner, and we are unmarried and have different surnames. I have submitted the claim on behalf of both of us. Could this complicate the process and therefore lengthen the time to deal with the claim? Would it have been better for both of us to submit our own claims separately?

Apologies for all of the questions This is my first time dealing with this kind of issue, and, as previously said, I'm slightly concerned that so many of you have heard something back already while I haven't. Any advice would be much appreciated, even if it's just that I'm simply being impatient and I need to wait it out!

Thanks!
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