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
Aug 10, 2018, 8:32 am
#1111
Join Date: Aug 2018
Programs: BAEC Gold, Radisson Gold
Posts: 67
Welcome to Flyertalk and welcome to the BA forum Yannisb, I hope we will see you elsewhere in the forum, it's a great place to improve your travel experience.
I don't see the point in involving a third party company with your claim, they can't save you any work, and so it's just like you giving some law firm a charity donation frankly. But if it was ATC related - this was the day after the Heathrow problems and I seem to recall Eurocontrol was very busy on 19 July - then there is no compensation, that would be extraordinary circumstances. Still you should apply, just in case there were other factors involved, and you can do that yourself using the process at the top of the thread.
For the Eurostar ticket, you can either have the refund on the air ticket (which may then cover the Eurostar) or you can pursue BA for the Eurostar ticket but not have the air ticket refund. The latter case is not always easy to achieve but if the BRU agents were unable to rebook then you have a fairly strong case.
I don't see the point in involving a third party company with your claim, they can't save you any work, and so it's just like you giving some law firm a charity donation frankly. But if it was ATC related - this was the day after the Heathrow problems and I seem to recall Eurocontrol was very busy on 19 July - then there is no compensation, that would be extraordinary circumstances. Still you should apply, just in case there were other factors involved, and you can do that yourself using the process at the top of the thread.
For the Eurostar ticket, you can either have the refund on the air ticket (which may then cover the Eurostar) or you can pursue BA for the Eurostar ticket but not have the air ticket refund. The latter case is not always easy to achieve but if the BRU agents were unable to rebook then you have a fairly strong case.
Your claim for compensation has been refused because BA0397 on 19 July was cancelled due to airfield restrictions being in place. These were outside of our control and prevented the aircraft from operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.
I had my air ticket refunded so, as you expected, the Eurostar ticket could not be reimbursed by BA but thankfully my company agreed to pay or it.
Aug 10, 2018, 5:35 pm
#1112
Join Date: Sep 2007
Programs: BA GGL + GfL
Posts: 285
I would be grateful for any informed views on what I should push for in the following scenario.
4 PAX on F UK-USA Avios (using 2 x 2-4-1 and 320k Avios).
Outbound no problem (great experience and crew actually).
Return flight cancelled with 8 hours notice due to weather - aircraft diverted to another USA city.
Auto-rebooked all 4 seats in J with AA (so 1 class downgrade and change of carrier) as no F cabin operated.
Does the fact it was weather affect any downgrade Avios refund or comp? Will I be looking at proportionate refund for only 2 of the tickets as 2 were 2-4-1? Thanks. I’ll be happy to update you on progress.
4 PAX on F UK-USA Avios (using 2 x 2-4-1 and 320k Avios).
Outbound no problem (great experience and crew actually).
Return flight cancelled with 8 hours notice due to weather - aircraft diverted to another USA city.
Auto-rebooked all 4 seats in J with AA (so 1 class downgrade and change of carrier) as no F cabin operated.
Does the fact it was weather affect any downgrade Avios refund or comp? Will I be looking at proportionate refund for only 2 of the tickets as 2 were 2-4-1? Thanks. I’ll be happy to update you on progress.
Aug 10, 2018, 6:15 pm
#1113
A FlyerTalk Posting Legend
Join Date: Jan 2002
Posts: 44,548
I would be grateful for any informed views on what I should push for in the following scenario.
4 PAX on F UK-USA Avios (using 2 x 2-4-1 and 320k Avios).
Outbound no problem (great experience and crew actually).
Return flight cancelled with 8 hours notice due to weather - aircraft diverted to another USA city.
Auto-rebooked all 4 seats in J with AA (so 1 class downgrade and change of carrier) as no F cabin operated.
Does the fact it was weather affect any downgrade Avios refund or comp? Will I be looking at proportionate refund for only 2 of the tickets as 2 were 2-4-1? Thanks. I’ll be happy to update you on progress.
4 PAX on F UK-USA Avios (using 2 x 2-4-1 and 320k Avios).
Outbound no problem (great experience and crew actually).
Return flight cancelled with 8 hours notice due to weather - aircraft diverted to another USA city.
Auto-rebooked all 4 seats in J with AA (so 1 class downgrade and change of carrier) as no F cabin operated.
Does the fact it was weather affect any downgrade Avios refund or comp? Will I be looking at proportionate refund for only 2 of the tickets as 2 were 2-4-1? Thanks. I’ll be happy to update you on progress.
Assuming that you were booked on BA and BA rebooked you onto AA, I believe that you can claim 75% compensation for the downgrade
Aug 10, 2018, 6:21 pm
#1114
Moderator: British Airways Executive Club
Join Date: Nov 2010
Location: TPA/ABZ
Programs: BA Lifetime Gold. GGL/CCR.
Posts: 13,240
The OP was using 2x 2-4-1 and Avios so it must have been a BA ticket and a BA operated service.
Aug 11, 2018, 3:49 am
#1115
Join Date: Mar 2014
Programs: BA Silver
Posts: 226
Can anybody advise as to why the BA1493 GLA-LHR was cancelled last night?
Have an acquaintance who was meant to be on it who has now been told they'll get him back to Gatwick on Sunday morning. No mention of duty of care or anything else.
If he takes a train today will they pay for it?
Have an acquaintance who was meant to be on it who has now been told they'll get him back to Gatwick on Sunday morning. No mention of duty of care or anything else.
If he takes a train today will they pay for it?
Aug 11, 2018, 4:13 am
#1116
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: 63,711
Can anybody advise as to why the BA1493 GLA-LHR was cancelled last night?
Have an acquaintance who was meant to be on it who has now been told they'll get him back to Gatwick on Sunday morning. No mention of duty of care or anything else.
If he takes a train today will they pay for it?
Have an acquaintance who was meant to be on it who has now been told they'll get him back to Gatwick on Sunday morning. No mention of duty of care or anything else.
If he takes a train today will they pay for it?
If he takes a train he can't assume he will get it refunded by BA, though it has been known to happen. He can however get a refund on the GLA-LHR service and use that to pay for the train service. He won't get any further EC261 compensastion. He may also be able to get an earlier service from GLA, it's a fast moving situation and some flights which started off full will now have empty seats on them close to departure (currently 4 services, ring up for this). He could chance this by going to GLA and seeing if they will put him on standby. By telephone he could see if EDI has any availability too, currently there is availability on 3 services.
Aug 11, 2018, 4:45 am
#1117
Join Date: Mar 2014
Programs: BA Silver
Posts: 226
As you probably have noticed from the half dozen other threads at the top of this forum, there was bad weather yesterday at LHR, the flow rate was reduced, and a heap of services were cancelled or badly delayed.
If he takes a train he can't assume he will get it refunded by BA, though it has been known to happen.
If he takes a train he can't assume he will get it refunded by BA, though it has been known to happen.
I think my acquaintance is feeling particularly aggrieved as it was a day trip for work, and he basically had the clothes he was stood up in and a briefcase
Such is life - I'll let him know where he stands.
Aug 11, 2018, 5:56 am
#1118
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Melbourne
Programs: ►QFWP/LTG►VA WP►HyattExpl.►HiltonGold►ALL Silver
Posts: 21,990
Thanks CWS. I live pretty close to Heathrow (Woking) and whilst we had a fair bit of rain yesterday afternoon I didn't realise it was bad enough for flight cancellations.
I think my acquaintance is feeling particularly aggrieved as it was a day trip for work, and he basically had the clothes he was stood up in and a briefcase
Such is life - I'll let him know where he stands.
I think my acquaintance is feeling particularly aggrieved as it was a day trip for work, and he basically had the clothes he was stood up in and a briefcase
Such is life - I'll let him know where he stands.
There is no exclusion from the Duty of care provisions under eu261/2004 - extraordinary circumstances are irrelevant.
Aug 11, 2018, 6:39 am
#1119
Join Date: Aug 2015
Location: England
Programs: BAEC Gold, UA Mileage Plus, Hotels.com Gold, Marriott Bonvoy Platinum, Pizza Express Gold
Posts: 600
I'm fairly sure I know the answer but I'd just like to check. We were due to fly to BUD on the flight that was cancelled yesterday evening. We were rebooked via HEL, on BA 798 due to arrive at 23.35 followed by a flight on AY this morning.
BA798 was delayed initially due to a late inbound plane. We were then delayed further by lack of crew (we were told it was boarding only to then be told the crew were in T5, then that they were still airborne). We then made it onto the plane only to wait for a tug. End result was arriving into HEL a bit over 3 hours late.
Am I right in thinking that the scheduled arrival time of the original flight is irrelevant because it was extraordinary circumstances, and the delays to the flight we were rebooked on don't matter because our morning flight was only 50 minutes late?
We will obviously be claiming for the cost of 4 hours in the HEL Hilton.
Thanks
BA798 was delayed initially due to a late inbound plane. We were then delayed further by lack of crew (we were told it was boarding only to then be told the crew were in T5, then that they were still airborne). We then made it onto the plane only to wait for a tug. End result was arriving into HEL a bit over 3 hours late.
Am I right in thinking that the scheduled arrival time of the original flight is irrelevant because it was extraordinary circumstances, and the delays to the flight we were rebooked on don't matter because our morning flight was only 50 minutes late?
We will obviously be claiming for the cost of 4 hours in the HEL Hilton.
Thanks
Last edited by omk298; Aug 11, 2018 at 6:47 am
Aug 11, 2018, 7:36 am
#1120
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: 63,711
I would see this as two incidents - LHR-BUD presumably cancelled due to bad weather (the dispatch note says WEAN) - no Article 7 for that; secondly a delay midway on replacement LHR-HEL-BUD. Since you were not 3 hours late at BUD then I can't see any scope for Article 7 compensation, in any case it seems to have been a mix of issues that lead to the delay, some claimable, some perhaps not.
Aug 11, 2018, 8:52 am
#1121
Join Date: Aug 2015
Location: England
Programs: BAEC Gold, UA Mileage Plus, Hotels.com Gold, Marriott Bonvoy Platinum, Pizza Express Gold
Posts: 600
Thanks, that's what I thought Will console myself with 80 bonus tier points.
Aug 12, 2018, 1:22 am
#1122
Join Date: Sep 2011
Posts: 24
EC261 eligibility question - BA279 cancellation
This post is currently being edited.
Last edited by sgd; Nov 12, 2018 at 8:19 am
Aug 12, 2018, 1:32 am
#1123
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: 63,711
If answer to first question is “yes” then second question is: What outcome should I be requesting/ expecting when I file EC261 claim with BA? (Because we are less than 4 hours late to destination but more than 1 hour early from origin wiki seems to suggest 50% compensation or 300 Euros per person. Am I interpreting that correctly? There seem to be nuances for multi-segment journeys.)
Aug 12, 2018, 2:37 am
#1124
Join Date: Sep 2011
Posts: 24
Thank you for the quick response! Currently at Heathrow partway through the long journey. Will let you know if we make it to SJC tonight!
Aug 13, 2018, 12:20 am
#1125
Join Date: Sep 2007
Programs: BA GGL + GfL
Posts: 285
I would be grateful for any informed views on what I should push for in the following scenario.
4 PAX on F UK-USA Avios (using 2 x 2-4-1 and 320k Avios).
Outbound no problem (great experience and crew actually).
Return flight cancelled with 8 hours notice due to weather - aircraft diverted to another USA city.
Auto-rebooked all 4 seats in J with AA (so 1 class downgrade and change of carrier) as no F cabin operated.
Does the fact it was weather affect any downgrade Avios refund or comp? Will I be looking at proportionate refund for only 2 of the tickets as 2 were 2-4-1? Thanks. I’ll be happy to update you on progress.
4 PAX on F UK-USA Avios (using 2 x 2-4-1 and 320k Avios).
Outbound no problem (great experience and crew actually).
Return flight cancelled with 8 hours notice due to weather - aircraft diverted to another USA city.
Auto-rebooked all 4 seats in J with AA (so 1 class downgrade and change of carrier) as no F cabin operated.
Does the fact it was weather affect any downgrade Avios refund or comp? Will I be looking at proportionate refund for only 2 of the tickets as 2 were 2-4-1? Thanks. I’ll be happy to update you on progress.
“Thank you for your request of a refund.
We regret to inform you that we are unable to refund for the above-mentioned ticket
As per our calculation there is no refund due for above mentioned ticket due to downgrade from First class to Business Class. Hence there is no refund amount due.
I hope this information has clarified the situation. Assuring you of our best attention at all times.
Yours sincerely
British Airways Global Refunds Agent Reference”
