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The 2019 BA compensation thread: Your guide to Regulation EC261/2004

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Old Jan 1, 2019, 2:39 am
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Last edit by: corporate-wage-slave
Link to Text of the regulations in PDF format

Downgrades: Mennens case - calculation formula is in this post
787 cancellations due to Trent engine issues - CEDR ruling information from the post in the 2018 thread and onwards.
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The 2019 BA compensation thread: Your guide to Regulation EC261/2004

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Old Dec 6, 2019, 4:57 am
  #1591  
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Originally Posted by Modo
I presume that BA will claim extraordinary due to 3rd party industrial action?

On the face of it that sounds plausible. BUT it seems that other flights were scheduled to fly around the restriction. So were the cancellations operational?
The issue is that all other flights are trying to reroute as well around French airspace, so all the neighbouring ATC sectors quickly reach capacity and can't accommodate all the extra traffic - so I am afraid cancellations are inevitable.

5. Having been rerouted to EI I was refused lounge access at MAD - not OW. Ticket was 125 stock. I spoike to Gold Line and they said this was wrong. I suspect IB were correct? But if so it is a bad policy. I will submit a subsistence claim which would have been otherwise unnecessary.
Yes under normal circumstances if you are on EI departing MAD you would have no access to the IB lounge.
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Old Dec 6, 2019, 7:18 am
  #1592  
 
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Originally Posted by LothianLad
Interesting, thanks, and well done. Both my friend and I were refused, however another person on our flight (we were all going out to the Scotland match that week), received confirmation from BA yesterday that his claim was successful. I pointed this out to BA, but they responded with an identical cut-and-paste refusal to the last. How can that even happen?

I'll leave it in the hands of CEDR. BA are an utter shambles frankly.
CEDR haven't yet taken this forward, I've not heard anything yet.

However, after confirmation that at least one other passenger had been paid compensation for the same flight, I tried again via Exec Complaints and this was their response;

"As previously mentioned, 176 minutes of your flight delay were for reasons within our control. This was when the aircraft had to be replaced as the aircraft had been damaged. The remainder of the delay was caused by reasons out of our control. On the day you travelled, there were heavy winds, which increased the flight time and as a result this added to the delayed landing time. EU compensation is based on the time of arrival, which was 188 minutes later than scheduled.

As less than 180 minutes of the delay was within our control, your claim has been denied. This decision has been made in line with EU legislation and I'm afraid our outcome won't change."


Thoughts? It seems complete BS to me. They refused to comment on my friends case even though I supplied his BA case number and evidence he had received payment from BA.

I now have no option but to wait on CEDR.
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Old Dec 6, 2019, 7:30 am
  #1593  
 
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Doing well with Ba

So after my last flight with BA (Bos-LHR), got cancelled and moved to another flight earlier in the day. My next flight, booked with BA, LHR-TPE (via Hong Kong), managed this time to be downgraded for the second leg (with Cathay(on BA027 lhr-hkg), tomorrow (CX0402) due to plane change) fromWTP to WT (or their equivalent) can anyone advise on this, seems rather complicated!
seems to be an issue with every trip I’ve been on of late.
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Old Dec 6, 2019, 7:40 am
  #1594  
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Originally Posted by Giblets
So after my last flight with BA (Bos-LHR), got cancelled and moved to another flight earlier in the day. My next flight, booked with BA, LHR-TPE (via Hong Kong), managed this time to be downgraded for the second leg (with Cathay(on BA027 lhr-hkg), tomorrow (CX0402) due to plane change) fromWTP to WT (or their equivalent) can anyone advise on this, seems rather complicated!
seems to be an issue with every trip I’ve been on of late.
So just to clarify is it just your CX HKG-TPE flight where you have been downgraded?
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Old Dec 6, 2019, 7:44 am
  #1595  
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Originally Posted by LothianLad
Thoughts?
It is rare of BA to change their mind once they have made a call on this, so you best focus on CEDR. You should be able to track progress via your CEDR login, and though I suspect my example would be perhaps on the swift side, here are my timings:

https://www.flyertalk.com/forum/30770492-post171.html

Once you have a proper defence from BA - and are given the opportunity to comment - you may be able to pull it apart. By all means reach out here if you want pointers.
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Old Dec 6, 2019, 7:46 am
  #1596  
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Originally Posted by KARFA
So just to clarify is it just your CX HKG-TPE flight where you have been downgraded?
And if you are on Cathay metal and the flight in question departs from London or elsewhere in Europe then you have EC261 protection, on any other Cathay route you don't have cover. That said, Cathay have a reputation for direct ex-gratia compensation in these circumstances.
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Old Dec 6, 2019, 7:48 am
  #1597  
 
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Originally Posted by KARFA
So just to clarify is it just your CX HKG-TPE flight where you have been downgraded?
Yes, that’s correct, just that leg
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Old Dec 6, 2019, 7:52 am
  #1598  
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Originally Posted by Giblets
Yes, that’s correct, just that leg
No cover then, with a small exception if it was sold as a codeshare on a BA ticket (or I guess another European airline). Even then the reimbursement would be a tiny amount.

If it was sold under CX's own flight number then you are looking just at whatever CX will do for you, and the Cathay forum may be a better place to find out more.
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Old Dec 6, 2019, 7:55 am
  #1599  
 
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Originally Posted by corporate-wage-slave
No cover then, with a small exception if it was sold as a codeshare on a BA ticket (or I guess another European airline). Even then the reimbursement would be a tiny amount.

If it was sold under CX's own flight number then you are looking just at whatever CX will do for you, and the Cathay forum may be a better place to find out more.
cheers, it was was purchased as a through ticket, but has a Cathay flight number. So there will not be any refund or reimbursement?!
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Old Dec 6, 2019, 8:23 am
  #1600  
 
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Advice please!

I'm booked on BA0476 (LHR-BCN) tomorrow. Scheduled to depart 16:05.

I've just received a messge from BA saying it's cancelled and that I've been rebooked on BA0480, departing at 13:25 (scheduled to arrive 2h 45m earlier). I'm not 100% clear from above what compensation I would be entitled to. I would be departing more than an hour early & the flight is <1500km so would that be €125 or €250?

Also, If I call BA and ask to be booked on a later flight instead (I think the next one is BA0482 at 19:10) would I still be entitled to compensation or would I then be deemed to have chosen that flight myself. Reason for wanting the later flight is because I have stuff to do here in the morning and don't like early mornings, i.e. it's not unachieveable, but it is inconvenient!

Thanks.
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Old Dec 6, 2019, 8:26 am
  #1601  
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Originally Posted by richonlybyname
Advice please!

I'm booked on BA0476 (LHR-BCN) tomorrow. Scheduled to depart 16:05.

I've just received a messge from BA saying it's cancelled and that I've been rebooked on BA0480, departing at 13:25 (scheduled to arrive 2h 45m earlier). I'm not 100% clear from above what compensation I would be entitled to. I would be departing more than an hour early & the flight is <1500km so would that be €125 or €250?

Also, If I call BA and ask to be booked on a later flight instead (I think the next one is BA0482 at 19:10) would I still be entitled to compensation or would I then be deemed to have chosen that flight myself. Reason for wanting the later flight is because I have stuff to do here in the morning and don't like early mornings, i.e. it's not unachieveable, but it is inconvenient!

Thanks.
On the assumption this is related to the French ATC strikes I am afraid you aren’t due any compensation.

Possible issues with flights to/from/above France on Thursday 5 December
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Old Dec 6, 2019, 8:40 am
  #1602  
 
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Originally Posted by KARFA
On the assumption this is related to the French ATC strikes I am afraid you aren’t due any compensation.

Possible issues with flights to/from/above France on Thursday 5 December
Ah, of course. I suspect you're right. Early start it is, fingers crossed for tomorrow.

On a hypothetical basis, however, for future reference what would the compensation due be, assuming the flight was cancelled for EC-261 qualifying reasons?
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Old Dec 6, 2019, 8:55 am
  #1603  
 
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Originally Posted by corporate-wage-slave
It is rare of BA to change their mind once they have made a call on this, so you best focus on CEDR. You should be able to track progress via your CEDR login, and though I suspect my example would be perhaps on the swift side, here are my timings:

https://www.flyertalk.com/forum/30770492-post171.html

Once you have a proper defence from BA - and are given the opportunity to comment - you may be able to pull it apart. By all means reach out here if you want pointers.
Excellent, many thanks. Will report back when I hear further from CEDR.
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Old Dec 6, 2019, 11:47 am
  #1604  
 
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Originally Posted by KARFA
The issue is that all other flights are trying to reroute as well around French airspace, so all the neighbouring ATC sectors quickly reach capacity and can't accommodate all the extra traffic - so I am afraid cancellations are inevitable.
Thanks - but on reflection whilst I bow to superior knowlwdge of these forums, something is needling my powers of estimation. No flights in and out of France surely has massively reduced that pressure. It has also presumably released a lot of aircraft - rotation skills permitting. and a quick look at French airspace shows that whilst it goes out a fair way from Biscay it is not that far West of Plymouth in a straightish line. Yes to nthe East a lot of airports but again no flights to France must release a lot of capacity. Accordingly I smell a fuel cost based operational reason.



[/QUOTE] Yes under normal circumstances if you are on EI departing MAD you would have no access to the IB lounge.[/QUOTE]

No great surprise. But this was not "normal" I was pretty brutally and very incoveniently rerouted from a OW flight. The tickets was on 125 stock and I could show that on my App it still said I was on BA457 - albeit without any seat or BP. And Gold Line says it was a wrong rejection. I quickly searched and got no helpful results for this scenario. I will contact BA for clarification and post the response.
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Old Dec 6, 2019, 12:04 pm
  #1605  
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Originally Posted by richonlybyname
Ah, of course. I suspect you're right. Early start it is, fingers crossed for tomorrow.

On a hypothetical basis, however, for future reference what would the compensation due be, assuming the flight was cancelled for EC-261 qualifying reasons?
In theory 125€, which is what would apply to any arrival before the scheduled time. Had they managed to get you on a flight which got you to BCN under an hour early versus scheduled (and making some assumptions about flight timings) then you would get nothing. Ditto if you were only 2 hours late.
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