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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 Oct 14, 2018, 8:51 am
  #1486  
 
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Originally Posted by DavidO
I didn't accept the downgrade. I was in Club World but only by postponing my return to the next day.
Apologies, misread that. In this case you would only claim for the 600 euros.
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Old Oct 14, 2018, 9:19 am
  #1487  
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Follow-up question. My friend was on the same cancelled BA flight from LGW to OAK, but she was booked on the AA code-share version of that flight. Would she submit the claim to BA or to AA?
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Old Oct 14, 2018, 9:46 am
  #1488  
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BA, always the operating airline.
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Old Oct 15, 2018, 12:13 pm
  #1489  
 
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Originally Posted by AdBoy


I recently took EZY to MCOL about something similar. Our aircraft was out of position thanks to weather earlier in the day elsewhere on their network.

They settled on the final day of the process for the full compensation due.

Am am happy to DM my correspondence letter and the judge’s searching questions to EZY if that’s useful to others.

After almost giving up with the painful process of back and forth emails with BA Customer services, I've decided I'm going to pursue this claim for compensation.

Adboy, would it be possible to DM me the correspondence letter and judges questions you mention :-)?

Many thanks
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Old Oct 15, 2018, 2:02 pm
  #1490  
 
Join Date: May 2017
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Originally Posted by WorldLux
Full press release: https://curia.europa.eu/jcms/upload/...cp180077en.pdf
The judgement hasn't been released yet.


Looks like a significant extension of previous case law. In Folkerts (C-11/11) and the UK case involving Emirates last year, the first flights departing in the EU were delayed. This doesn't seem to be the case here and the delay seems to have occurred outside the EU.
There was a case like this in a Swedish court of appeals last year, Svea Hovrätt case FT 7211-16. The ADD-ZNZ leg of an ARN-ADD-ZNZ journey was delayed, and the court found that compensation was due. I've seen some comments that you might not get compensation if your itinerary involves a change of airlines outside the EU and the disruption is after the change of airlines (see for example here). Does the ECJ discuss this situation?
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Old Oct 15, 2018, 2:21 pm
  #1491  
 
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Originally Posted by leshark
After almost giving up with the painful process of back and forth emails with BA Customer services, I've decided I'm going to pursue this claim for compensation.

Adboy, would it be possible to DM me the correspondence letter and judges questions you mention :-)?

Many thanks
Sure. Will DM now.
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Old Oct 17, 2018, 7:29 am
  #1492  
 
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Following on from my thread the other day about the cancellation of BA355 NCE-LHR on 15th October. Here are the details:

1. My brother-in-law had a ticket NCE-LHR-NLC on BA355 & BA1338 on 15th October. This ticket was paid for by me and hence my name is on the booking etc, but he is the traveller listed on the booking.
2. At 12:23 (NCE time) I received a text saying that the flight was cancelled and that he had been rebooked. I checked MMB and he had been booked onto flights on Tuesday morning (I cannot remember which ones sorry!)
3. As he needed to be back in time for something early on the 16th, I called BA and they rebooked him onto BA345 & BA1336. He rushed to the airport to find that his BA345 was delayed by 1hr 30mins. This caused him to miss BA1336 and ended up waiting at LHR for 3 hours to take BA1338.

With help from the guys on my thread about the flight, I understand that I am eligible for €250 through EC261.

As it will be me dealing with the compensation, do I need to get him to provide a signed letter of authority even though I was the one who made the booking and paid etc.
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Old Oct 17, 2018, 7:37 am
  #1493  
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I understand that I am eligible for €250 through EC261.

As it will be me dealing with the compensation, do I need to get him to provide a signed letter of authority even though I was the one who made the booking and paid etc.

Yes you do need him to give you authorisation to deal with BA on his behalf.

It makes not one iota of a difference that you did the booking or paid for it he as the traveller is the one entitled to the compensation.

Last edited by UKtravelbear; Oct 17, 2018 at 7:44 am
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Old Oct 17, 2018, 7:44 am
  #1494  
 
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Originally Posted by UKtravelbear
Yes you do need him to give you authorisation to deal with BA on his behalf.

It makes not one iota of a difference that you did the booking or paid for it he as the traveller is the one entitled to the compensation.
Thank you!
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Old Oct 18, 2018, 3:57 am
  #1495  
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Is there a way to see historical (greater than a month) flight arrival and departure information for specific flights? I seem to recall this once being available on FlightStats but now it seems only part of the premium option.

Also, does anybody know what "NEB guidelines" from the EU Commission are and where they might be found?
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Old Oct 18, 2018, 4:06 am
  #1496  
 
Join Date: Nov 2010
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Originally Posted by wilsnunn
Following on from my thread the other day about the cancellation of BA355 NCE-LHR on 15th October. Here are the details:

1. My brother-in-law had a ticket NCE-LHR-NLC on BA355 & BA1338 on 15th October. This ticket was paid for by me and hence my name is on the booking etc, but he is the traveller listed on the booking.
2. At 12:23 (NCE time) I received a text saying that the flight was cancelled and that he had been rebooked. I checked MMB and he had been booked onto flights on Tuesday morning (I cannot remember which ones sorry!)
3. As he needed to be back in time for something early on the 16th, I called BA and they rebooked him onto BA345 & BA1336. He rushed to the airport to find that his BA345 was delayed by 1hr 30mins. This caused him to miss BA1336 and ended up waiting at LHR for 3 hours to take BA1338.

With help from the guys on my thread about the flight, I understand that I am eligible for €250 through EC261.

As it will be me dealing with the compensation, do I need to get him to provide a signed letter of authority even though I was the one who made the booking and paid etc.
Sorry you are not eligible for compensation, he is. It does not matter who paid for the ticket, it is the passenger who gets the compensation. I suspect BA will insist on paying him the money, even if you do all the leg work with the claim, but you might just get away with that. You will need authority from him.
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Old Oct 18, 2018, 4:08 am
  #1497  
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Originally Posted by danger
Is there a way to see historical (greater than a month) flight arrival and departure information for specific flights? I seem to recall this once being available on FlightStats but now it seems only part of the premium option.

Also, does anybody know what "NEB guidelines" from the EU Commission are and where they might be found?
NEB = National Enforcement Body = In the UK the Civil Aviation Authority.
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Old Oct 18, 2018, 6:12 am
  #1498  
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Originally Posted by danger
Is there a way to see historical (greater than a month) flight arrival and departure information for specific flights?
How old? IIRC, flightaware will supply some information for free for a bit longer than a month.
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Old Oct 18, 2018, 6:22 am
  #1499  
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Originally Posted by UKtravelbear
NEB = National Enforcement Body = In the UK the Civil Aviation Authority.
Thanks. I'm trying to find the EC's guidance on extraordinary circumstances (referred to here: https://www.aviationreg.ie/news/euro...nces-.588.html) but both links I've found to the document are broken.

Originally Posted by Globaliser
How old? IIRC, flightaware will supply some information for free for a bit longer than a month.
Less than three months so that's perfect. Thank you.
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Old Oct 18, 2018, 11:12 am
  #1500  
 
Join Date: Jan 2017
Posts: 67
Originally Posted by danger
Is there a way to see historical (greater than a month) flight arrival and departure information for specific flights? I seem to recall this once being available on FlightStats but now it seems only part of the premium option.

Also, does anybody know what "NEB guidelines" from the EU Commission are and where they might be found?
The NEB list is also known as the airlines 'wish list' as it contains a long list of wishful EC's covering everything they would like to see included in the regulations.

It's a none binding, none official, none legal document that was written when a few airlines and the CAA got their heads together in 2013 to draw up a list that they hoped would become accepted as Extraordinary Circumstance, thus allowing them to avoid compensation payments.

It carries no weight or legal standing and has be dismissed in the high court case of Huzar v Jet2.com. It has been heavily amended over the years as legal cases have clarified the law forcing many entries to be removed.

You can ignore it as wishful bluster.

https://www.scribd.com/document/1879...List-Version-1

Last edited by Tyzap; Oct 18, 2018 at 11:19 am Reason: clarification
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