EU 261 or not EU 261
Nov 28, 2018, 12:10 pm
#16
Join Date: Oct 2015
Location: London, UK
Programs: BAEC GGL/GFl, HH Diamond, BW Diamond, Virgin Voyages Deep Blue Extra, Blue Peter Badge Holder
Posts: 3,937
no I’m referring to the type or flight IAW EC261/04 being a type 3 flight since it went outside of the EU as was in excess of 3,500 Km and therefore it is 4 hours delay this is required for compensation, as I say I am happy to be corrected it I’m mistaken.
Nov 28, 2018, 12:14 pm
#17
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
The length of the delay at JNB vs. CPT is only relevant once one gets past whether the delay was for extraordinary circumstances.
Courtesy of the CJEU's rewrite of EC 261/2004, a delay exceeding 3 hours on a Type 3 flight would result in compensation of EUR 300 and EUR 600 once exceeding 4 hours. In this case, the delay would be measured at the final ticketed destination, e.g. CPT and would be EUR 600 if anything.
Courtesy of the CJEU's rewrite of EC 261/2004, a delay exceeding 3 hours on a Type 3 flight would result in compensation of EUR 300 and EUR 600 once exceeding 4 hours. In this case, the delay would be measured at the final ticketed destination, e.g. CPT and would be EUR 600 if anything.
Last edited by Often1; Nov 29, 2018 at 3:42 pm
Nov 28, 2018, 12:19 pm
#18
Join Date: May 2013
Posts: 6,349
3 to 4 hours = €300
Nov 28, 2018, 12:33 pm
#19
Join Date: Oct 2015
Location: London, UK
Programs: BAEC GGL/GFl, HH Diamond, BW Diamond, Virgin Voyages Deep Blue Extra, Blue Peter Badge Holder
Posts: 3,937
Nov 28, 2018, 1:18 pm
#20
Join Date: Jun 2009
Posts: 278
It's only one reference point but BA were categoric in two CS emails that my delay (and subsequent missed connection) was due to weather. The response to my LBA however was 122 minutes due to IT issues and 4 minutes due to weather, together with an offer to settle!!
Nov 28, 2018, 6:25 pm
#21
Join Date: Feb 2018
Programs: BAEC Gold, Hilton Diamond, Bonvoy Silver
Posts: 175
Thanks, it’s been a while since I’ve needed to claim EC261, I don’t get your last comment though, sure it is the length of the delayed flight or the overall distance (I’m not sure which) and the total delay that is considered, not the length of the flight that in itself isn’t covered by the regulations? So I would have thought it would still be a maximum of €300 if it is conclusded that BA are not able to provide evidence of the extraordinary circumstances claimed.
I flew on 8 Nov LHR - JNB on BA 55 which was delayed. It landed 102 minutes late, meaning that I missed my connection to Cape Town. I was not accommodated on the next flight, but re-booked onto the subsequent one, and arrived into Cape Town at 14:50 not 11:35. More than 3 hours late.
Nov 29, 2018, 2:50 pm
#22
Join Date: Oct 2015
Location: London, UK
Programs: BAEC GGL/GFl, HH Diamond, BW Diamond, Virgin Voyages Deep Blue Extra, Blue Peter Badge Holder
Posts: 3,937
The way I read the OP, they encountered a delay of 3:15 at their final destination (CPT):
If I read that correctly, then the potential compensation would be €300, unless one of the exceptions (e.g. extraordinary circumstances which could not have been avoided if all reasonable measures were taken) applies.
Nov 29, 2018, 3:45 pm
#23
Suspended
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 50,262
Yes. If OP had been ticketed to JNB, his 102-minute delay on a Type 3 flight would not qualify for delay compensation. But, as he was ticketed to CPT and his delay into CPT exceeded 3 hours, he would be due EUR 300.
Mar 12, 2019, 2:41 pm
#25
Original Poster
Join Date: Jan 2011
Location: London UK
Programs: BA Silver, A* Gold (Avianca Brazil)
Posts: 60
My final communication with BA clearly stated that its position was final and that it would not enter into further communication...
I waited 8 weeks, and lodged the claim with CEDR...
2 weeks later, BA settled for the full amount anticipated of EUR 300 each, and apologised for the delay in settlement...
A bit of honesty upfront would have gone a long way - it would have been so much better than have to read to convoluted excuses provided, and time wasted having to pursue alternative remedies...
I waited 8 weeks, and lodged the claim with CEDR...
2 weeks later, BA settled for the full amount anticipated of EUR 300 each, and apologised for the delay in settlement...
A bit of honesty upfront would have gone a long way - it would have been so much better than have to read to convoluted excuses provided, and time wasted having to pursue alternative remedies...
Mar 12, 2019, 3:57 pm
#26
Join Date: Sep 2010
Location: Las Vegas
Programs: BA Gold; Hilton Honors Diamond
Posts: 3,228
Thanks for coming back to us with the outcome - that, more than the result itself (although a definite winner for you, and rightly so) is much appreciated. Glad to see that BA settled, although it took way longer than it should have.
Mar 12, 2019, 4:03 pm
#27
Original Poster
Join Date: Jan 2011
Location: London UK
Programs: BA Silver, A* Gold (Avianca Brazil)
Posts: 60
Pleasure...
For the most part my dealings with BA have been positive. How an organisation resolves an issue tends to set them apart. BA failed this time...
As they would say
We sorry that we have let you down in this occasion, but look forward to welcoming you on board soon!
For the most part my dealings with BA have been positive. How an organisation resolves an issue tends to set them apart. BA failed this time...
As they would say
We sorry that we have let you down in this occasion, but look forward to welcoming you on board soon!