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

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

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Old Dec 31, 18, 6:48 pm   -   Wikipost
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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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Old Feb 2, 19, 3:56 am
  #151  
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Originally Posted by BlueThroughCrimp View Post
The offer was Ä125. Fairly sure Iíd have been on the flight, so as far as Iím concerned Iím up on the deal, but curious if I saved Finnair an additional Ä125 by volunteering rather than them bumping someone else?
Depends on the replacement flight's timing. If it was within 2 hours then 125Ä would be the involuntary amount too.
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Old Feb 2, 19, 4:08 am
  #152  
 
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Originally Posted by corporate-wage-slave View Post
Depends on the replacement flight's timing. If it was within 2 hours then 125Ä would be the involuntary amount too.
Thanks. Itís a 3 hour 25 minute delay.

I made one guyís day, he missed his connection last night and was delighted to get on. Tried to give me some cash himself, but I couldnít accept.
Canít complain about Finnairís handling (as long as the checked bag makes TLL!), and Iíve spent longer at worse airports.
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Old Feb 2, 19, 6:51 am
  #153  
 
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Originally Posted by xenole View Post
Got a reply today, about 12 days after I submitted my case, saying that BA had submitted their defence.
Havent had a chance to look at it yet, but is this standard procedure?

Does also mention I can add bits and that an adjudicator will take a look at things.

I recently won a case at CEDR regarding the Trent engine issue. When it came time to add any final thoughts I basically took what BA had said and, with the help of this forum, countered as many of their points as I could. If you want to read my final response it's here and may help you:

The 2018 BA compensation thread: Your guide to Regulation EC261/2004

The link takes you directly to my post.
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Old Feb 2, 19, 6:51 am
  #154  
 
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Few of us on the cancelled 183 last night to JFK... What's the chance of BA not blaming snow?
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Old Feb 2, 19, 7:02 am
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Originally Posted by teledude View Post
Few of us on the cancelled 183 last night to JFK... What's the chance of BA not blaming snow?
They may also blame fog or ATC.
What time did they notify cancellation?
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Old Feb 2, 19, 7:12 am
  #156  
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Originally Posted by teledude View Post
Few of us on the cancelled 183 last night to JFK... What's the chance of BA not blaming snow?
cancellation code is FCRY which I assume means flight crew and yes for EC261 - not that you deserve compensation of course
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Old Feb 2, 19, 7:16 am
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Cancellation/Delay code?

How/where do you check delay codes? I was meant to be on SK1507 on Thursday which was cancelled. One of my few non-BA flights this year.
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Old Feb 2, 19, 7:24 am
  #158  
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Originally Posted by Pagan98 View Post
How/where do you check delay codes? I was meant to be on SK1507 on Thursday which was cancelled. One of my few non-BA flights this year.
Not all airlines use these despatch codes. They are visible in Expertflyer for about 48 hours.
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Old Feb 2, 19, 9:36 am
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Originally Posted by KARFA View Post


cancellation code is FCRY which I assume means flight crew and yes for EC261 - not that you deserve compensation of course


Claim approved and payment made. Quick and easy
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Old Feb 3, 19, 7:42 am
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I took a case of BA blaming “Airport Systems” to CEDR and they immediately accepted responsibility and paid out under EC261. Why they didn’t do this up front is beyond me.
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Old Feb 5, 19, 10:26 am
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Another report of success with CEDR.

For those who didn’t follow, my case was another RR Trent engine issue on a 787-9. In my case a trip from LHR to AUH that was cancelled at T-24. I was re-routed onto a Belgium Air flight and landed into Dubai 12 hours later than I should have been in AUH. BA agreed to pay my £70 taxi fare but refused EU261 claim on the grounds that the fault was extraordinary and due to them being told they had to make extra checks on the engine they had no alternative but to cancel the flight.

I got my ruling today, CEDR awarded in my favour for the full 600 euros claimed. They detailed that although the fault was an extraordinary event they had been notified of the extra checks 3 months earlier and therefore had beenunable to demonstrate that they had exhausted all options to avoid cancelling the flight the day before departure. It appears they also failed to provide details of other 787-9’s with the Trent engines that were operational.

I entered into utilisng CEDR with some confidence due to the excellent help and information availavble on Flyer Talk. BA must have known with virutal certainty they would lose this case, which beggars the question as to why they would not pay up at the outset. I’m not daft, clearly the numbers add up for them as many will not persue. To add, at no stage, either when I was notified of the delay, or at the airport was I told of my rights under EU261. Also, at no stage during my emails was I told of the CEDR process. I would go as far as to say that the average non FT flyer would not have been compensated and many of those who do get paid out will have employed one of those dreaded claim companies and given away 30 odd percent of their claim.

Delighted with the result but casts a further cloud over the moral compass at BA.
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Old Feb 5, 19, 12:26 pm
  #162  
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Originally Posted by kingcole974 View Post
...
Delighted with the result but casts a further cloud over the moral compass at BA.
What Moral Compass!?

A Financial Compass? Yes ...
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Old Feb 5, 19, 7:24 pm
  #163  
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Thumbs up BA's EU/261 check came! 2 months but it arrived.

Originally Posted by ijkh View Post
My case was approved but I have been waiting for months for payment.
First email:

Dear Mrs ijkh

Thanks for writing back to us. I apologise for the delay in replying to you. I'd like to inform you that we at Customer Relations have already released your payment on 27 December 2018. It takes around four to five working days for the funds to clear. Please be assured that you'll receive it soon. We appreciate your patience in this matter.

Thanks again for getting in touch with us. Please feel free to contact me directly using the blue link given below my email if I can assist you with anything else.

Best regards


Second email after no money received by 3 weeks.
Dear Mrs ijkh

Thanks for writing back to us. I apologise for the delay in replying to you. I'm sorry to hear that your account has not yet been credited with the promised amount.

I'd like to inform you that we're in the process of investigating this with our Payments team. It might take some time for us to reply back. Please be assured that I will get in touch with you as soon as possible.

I appreciate your patience in this matter. Please feel free to contact me directly by using the blue link below if I can help you with anything else.

Best Regards,
XXXXXXXXX

Seriously funds released 12/27 ? How long is a long time??? When do I jingle their chain again?
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Old Feb 8, 19, 3:47 am
  #164  
 
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Has anyone had a lack of communication from BA after starting a CEDR case?
I haven't had a single email regarding sales, "how was your flight?", pre-flight etc. since. Or any sort of GGL requalification emails, post etc.
Just wondering if I'm on some sort of hit list or if it's just just some complete coincidence?

Been a week so far since BA's response and my final notes before adjudication.
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Old Feb 11, 19, 12:10 pm
  #165  
 
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Advice appreciated - thanks in advance. Was taking a SJC-LHR flight that was canceled by BA 4 days before flight. BA denied my EU261 claim citing operational reasons beyond their control. I asked for details on the operational reason for cancellation and BA responded with with the following:

"I’ve reviewed your claim and as previously advised, your claim has been refused because BA0278 was cancelled because of operational circumstances outside of our control, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation. The safety of our customers and crew is always our top priority and we would never operate an aircraft if it was unsafe to do so. Like other airlines around the world, we are carrying out detailed precautionary inspections on Rolls-Royce Trent 1000 engines on some of our Boeing 787-9s to ensure we meet all the relevant regulatory requirements. To facilitate the additional engine inspections, any associated maintenance and new regulatory requirements we have had to make some minor adjustments to our schedules. Article 5.3 of the EU Regulation 261/2004 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your cancelled flight."

What is the recommended next steps? From reading previous posts in the 2018 post it seems likely I will win at CEDR stage, but what should I respond and/or do in the interim to try and get BA to pay out?
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