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
Nov 9, 2018, 9:36 am
#1576
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You don't need to check this or prove it, the focus of the Regulation is on BA to prove its side of the equation, and that standard of proof is getting tougher for them all the time. So assuming you have had a rejection note from BA, then you should reply back to them that you're not letting the matter rest and that if BA are not able to pay Article 7 compensation, can they at least give the green light to proceed to a CEDR referral now, rather have you holding on until the 8 weeks are up. Ask them to do that in the next 2 weeks, and on day 16 press the buttons to get a CEDR claim in.
Nov 9, 2018, 10:08 am
#1577
Join Date: Jul 2009
Programs: BA Gold
Posts: 279
I was on a flight to Toronto that was ultimately delayed 6 hours. Plane went tech so we were offloaded (after 2 hours). I live a short distance from Heathrow so opted to be booked on a different flight.
Am I right in thinking then that no compensation due, as BA did their bit by moving me?
Am I right in thinking then that no compensation due, as BA did their bit by moving me?
Nov 9, 2018, 10:24 am
#1578
Join Date: May 2015
Location: Maastricht, unless I'm out.
Programs: BAEC, Flying Blue, Eurostar, Miles&Smiles
Posts: 321
Very basic question, but slightly urgent: family member delayed at Aberdeen with multiple flights cancelled. Will the airline cover the train ticket south? Do they need proof from the airline?
Nov 9, 2018, 10:47 am
#1579
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Do you have the flight number of the original booking so I can check the issue (and is the strength of cross winds, hazarding a random guess?)
Nov 9, 2018, 10:50 am
#1580
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I was on a flight to Toronto that was ultimately delayed 6 hours. Plane went tech so we were offloaded (after 2 hours). I live a short distance from Heathrow so opted to be booked on a different flight.
Am I right in thinking then that no compensation due, as BA did their bit by moving me?
Am I right in thinking then that no compensation due, as BA did their bit by moving me?
Nov 9, 2018, 2:18 pm
#1581
Join Date: Nov 2018
Posts: 10
Thanks CWS:
I did post an update online to CEDR, with no response. I also emailed one of the directors after reading your comments and got a quick response (i.e. final decision - accept or reject).
This is fine. I have now accepted the offer - so at least I'll get the refund for my fare home.
I think this also means that I can now pursue the MCOL route for compensation re. EC 261. I feel I can convince the court that LGW was untrue, therefore an invalid adjudication. I think that should stand in my favour and as long as I prepare my case well, I believe a defence by BA will be difficult to hold up.
I'll post an update in due course.
I did post an update online to CEDR, with no response. I also emailed one of the directors after reading your comments and got a quick response (i.e. final decision - accept or reject).
This is fine. I have now accepted the offer - so at least I'll get the refund for my fare home.
I think this also means that I can now pursue the MCOL route for compensation re. EC 261. I feel I can convince the court that LGW was untrue, therefore an invalid adjudication. I think that should stand in my favour and as long as I prepare my case well, I believe a defence by BA will be difficult to hold up.
I'll post an update in due course.
Nov 11, 2018, 10:44 am
#1582
Join Date: Aug 2009
Location: London
Programs: BA Silver Card
Posts: 120
Can the pilots / crew of an Airbus 321 also operate a 319 and 320 if required ?
Relevant to some ongoing "discussions" with BA …..
Thanks!
Relevant to some ongoing "discussions" with BA …..
Thanks!
Nov 11, 2018, 11:10 am
#1583
Join Date: Aug 2015
Location: Somewhere around Europe...
Programs: BA Gold; MB Ti; HH Diamond; IHG Plat; RR Gold
Posts: 530
Currently onboard BA 440 (LHR-AMS) which suffered a hydraulic failure as we were holding for 27L. Just been towed back to T5C for the mechanics to have a closer look.
On the assumption that this ends up unserviceable, can anyone confirm if BA normally covers expenses at your “home” airport?
Loads look reasonably high for the rest of the evening, and tomorrow morning, so BA may dig out a replacement airframe but just planning ahead!
ETA: Looks like my service tonight will be going ahead with an aircraft change. Will leave this post here for answers to help out others who may find it through a search engine!
On the assumption that this ends up unserviceable, can anyone confirm if BA normally covers expenses at your “home” airport?
Loads look reasonably high for the rest of the evening, and tomorrow morning, so BA may dig out a replacement airframe but just planning ahead!
ETA: Looks like my service tonight will be going ahead with an aircraft change. Will leave this post here for answers to help out others who may find it through a search engine!
Last edited by dakaix; Nov 11, 2018 at 12:26 pm
Nov 11, 2018, 12:09 pm
#1585
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True in terms of type rating, but the finer point of discussion that may be taking place may involve situations such as some airports requiring a special check (e.g. FNC), and someone potentially not have been checked out on the variants as well?
Nov 11, 2018, 1:37 pm
#1586
Join Date: Nov 2011
Location: Netherlands
Programs: BA Gold; Flying Blue Platinum, Hilton Diamond
Posts: 481
As a side, would really be handy in ground staff would recognise the difference in overhead locker space when transferring passengers from a 321 to a 320, rather than the additional delay of trying to find space that doesn’t exist for all the wheelies trying to be brought on board. All they probably needed to do was check in 10-15 bags at the gate and we would have saved ourselves time - and ironically for BA, the delay would have been between 3-4 hours than the now 4+ hours.
end of rant!
Nov 11, 2018, 2:00 pm
#1587
Join Date: Aug 2009
Location: London
Programs: BA Silver Card
Posts: 120
OK … thanks, that's very useful.
I read elsewhere that if "extraordinary circumstances" are claimed, these need to apply to the flight itself, not the previous flight. So if the previous flight was late arriving because of bad weather or ATC restrictions, causing the actual flight to be late, the defence of "extraordinary circumstances" does not apply.
I can't find the legal precedent for this - am I correct?
Thanks!!
I read elsewhere that if "extraordinary circumstances" are claimed, these need to apply to the flight itself, not the previous flight. So if the previous flight was late arriving because of bad weather or ATC restrictions, causing the actual flight to be late, the defence of "extraordinary circumstances" does not apply.
I can't find the legal precedent for this - am I correct?
Thanks!!
Nov 11, 2018, 2:30 pm
#1588
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There is certainly no bar to "home" customers getting the Right to Care aspects of EC261. I guess you meant specifically hotel accommodation, and the regulation doesn't directly address that question, it just says a hotel should be provided if it "becomes necessary". In reality, those who live in West London probably would probably prefer to retire to their own bed rather end up in a soul less airport hotel, but BA don't ask many questions and so you could assume a hotel would be provided if requested.
Nov 11, 2018, 2:35 pm
#1589
Join Date: Nov 2010
Posts: 5,596
That is nothing to do with which type the pilots fly. Checking into FNC and some of the other delightful spots is a different matter. The differences course is sitting in front of a computer work station for a few hours.
Nov 11, 2018, 2:35 pm
#1590
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I read elsewhere that if "extraordinary circumstances" are claimed, these need to apply to the flight itself, not the previous flight. So if the previous flight was late arriving because of bad weather or ATC restrictions, causing the actual flight to be late, the defence of "extraordinary circumstances" does not apply.