kalashinikov

was flying out of Houston to LHR. BA couldn’t give me a seat in WTP, not could the staff there explain or calculate the compensation owed if I took an economy seat (which I didn’t want to do).

Staff put me up on a direct United flight to LHR departing maybe 2hrs later. This was in Business as they don’t have WTP. due to further delay I arrived 4h 17m later than plan original schedule arrival time on BA.

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Dear Mr Kalashinikov

Thanks for your time on the telephone today. It was a pleasure speaking with you.

As we discussed, there was a seat offered to you on flight BA0194 on 26 January 2016 in World Traveller. This would have meant you were downgraded from your original booking class, and would have been entitled to a part refund and compensation as this was involuntary.

As this seat wasn't suitable for you, the staff at our check in desks used their discretion to offer a complementary one cabin upgrade to business class on flight UA0005. Even though this flight arrived over four hours after your original booking, the change you made was voluntary, so therefore your claim for compensation has been rejected. I'm sorry to disappoint you.

Thanks again for your patience while your case was investigated. We value your support as a Blue member of our Executive Club and hope to welcome you on board again soon. If you have any further queries, please click the blue link below to respond.

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PS I don’t agree with any of the voluntary or involuntary terms in this response... I didn’t sign or agree to any voluntary agreement

Thoughts ?

DYKWIA

I'm guessing that you won't be entitled to compensation as it was a UA flight, which won't be liable to EC261 compensation on a flight into the UK.

KARFA

And I think neither IDB or downgrade compensation/refund would be due either.

The downgrade (had the OP taken it) would have meant) involuntary downgrade was due which I think is 75% of the flight cost. The OP choose not take it, but as a result ended up in J on another carrier - so that worked out quite well.

Dave Noble

BA would have taken you on the booked flight subject to a downgrade - which would have earned a 75% reimbursement of that leg

The rebooking onto UA was therefore indeed , voluntary and so no compensation from BA s due

The UAS flight is not covered by EC261 , so no compensation is due there

Getting a "complementary" upgrade to business class seems a pretty good outcome

Sam Bee

Just a moot point, if we ignore that the change was voluntary (which is was, so forget about compensation) - if this was a forced change from BA to UA then compensation would be due right? But denied boarding rather than EC261?

Just cutting off the option, say, if BA's BKK-LHR flight was overbooked by 50, and all travellers rebooked on TG or BR several hours later then compensation would still be available despite not flying on an EU carrier?

Dave Noble

Compensation based on the time the flight was scheduled to depart would be due from BA - so with 2 hours delay the compensation would be reduced by 50%

I don't think that the UA delay - if flight delay occurred after being ticketed for UA - would have increased BA's liability --- but depends on what a court would rule

KARFA

it's not IDB if the OP is offered a seat on the flight, which is what happened. The OP (quite understandably) didn't want to take a seat in WT, but that was their choice.

kalashinikov

Wrong, EC261 is in scope for united, if flying into EU Airport.

Tobias-UK

No, I’m afraid it isn’t. You are entitled to no further compensation. I think you did rather well out of this.

Corpt

gcuk

Unfortunately, that's not the case. Non-EU carriers are only liable for delays under EC261 on flights departing the UK.

pauldb

Other way round: only applies to UA when flying FROM the EU.

DYKWIA

You're welcome...

LondonElite

No sir! EC261 only covers community carriers when flying into the EU. I get that it's a pain arriving four hours late, but given the choice between BA WTP and waiting a couple of hours for a UA Dreamliner J, on a 9+ hour overnight flight, I know what I'd take!

lavajava

I can see where this thread might be headed.

Hi OP, I would be inclined to take the advice of @KARFA and @Tobias-UK. Whilst the extra delay was not ideal this does seem like a voluntary change with some good results, instead of flying in some middle seat down the back of the original flight. I do not see any EU compensation coming your way.

Why not look at it this way: you got an upgraded seat on your flight home that could have cost much more than your original seat. You could have booked an expensive UA flight in J and still would have been 4 hours late with nothing due.