Jan 1, 2019, 2:39 am
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.
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.
The 2019 BA compensation thread: Your guide to Regulation EC261/2004
Mar 19, 2019, 7:40 am
#271
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I suppose my question is the redemption was 4000 +£17.50 for MAN/LHR and then 7750 +£25 for LHR/AMS leg. I think even if BA agreed to pay out the 30% back is such a pittance. I guess all I should be expecting is a refund of £7.50 tax and 3750 Avios for the difference between ET and CE on the second flight? Or am I missing something? Final arrival in Schiphol was 21.35 vs original planned 19.15 btw.
Mar 20, 2019, 4:06 am
#272
Suspended
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Thanks so much - appreciate your time here 
Mar 20, 2019, 8:09 am
#273
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I don't think that I am eligible for compensation under EC261, however I would just like to confirm.
- I flew on BA745 from ZRH-LHR on Friday last week (15-03-2019)
- Delayed departure time 19:57 (according to FlightRadar24) 1hr 52mins late; owing to late arrival of the incoming plane
- Landed at 20:44 (according to FlightRadar24), 1hr 54mins late
- We were still on the plane at 21:06 (from my noting down of the time) owing to a broken down jet bridge and waiting for a set of stairs
- My notes say that I was through immigration by 21:23
So we were not able to deplane until over two hours after our scheduled landing time.
Many thanks in advance for your help.
- I flew on BA745 from ZRH-LHR on Friday last week (15-03-2019)
- Delayed departure time 19:57 (according to FlightRadar24) 1hr 52mins late; owing to late arrival of the incoming plane
- Landed at 20:44 (according to FlightRadar24), 1hr 54mins late
- We were still on the plane at 21:06 (from my noting down of the time) owing to a broken down jet bridge and waiting for a set of stairs
- My notes say that I was through immigration by 21:23
So we were not able to deplane until over two hours after our scheduled landing time.
Many thanks in advance for your help.
Mar 20, 2019, 8:20 am
#274
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Mar 20, 2019, 8:25 am
#275
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Thank you, thought this was the case but people on the plane were saying that because it was 2 hours they would be claiming.
Last edited by wilsnunn; Mar 20, 2019 at 8:25 am Reason: Missed out quote
Mar 20, 2019, 8:40 am
#276
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Well I agree it's confusing, there is quite a lot of publicity out there that says something along the lines of "after 2 hours you may be able to claim compensation", which is a completely true statement, it just doesn't apply to a bog standard delay of under 3 hours.
Mar 21, 2019, 11:07 am
#277
Join Date: Apr 2014
Posts: 21
Hi all,
A while I haven't been on the forum but I have a dilemma on a BA potential compensation. I'll try to make my case as clear as possible:
Last summer, I was on holiday in Morocco supposed to come back September 8th with the BA2669 RAK-LGW 18:20-21:45 booked on Avios.
On September 9th I had a TAP flight at 11:20 LHR-LIS-GRU (in J) for work. I would argue this is not a self-connection as the trips are different and there are over 13 hours between the first arrival and the second departure.
On the 8th at RAK airport the BA flight starts taxiing twice but we never get to take-off due to an engine-related problem. We get a night in a hotel and they say the flight will depart the following morning.
As the TAP flight were work-related, I managed to rearrange my itinerary with my travel agent for the following day from LHR-LIS-GRU to RAK-LIS-GRU (however I had to give up the J class to Y class...).
Obviously, I never board on the second flight as I am travelling to Brazil for work.
While I am not there, the BA flight gets delayed again and again until the night of the 9th and lands in LGW in the early hours of the 10th with over 24hrs delay. My girlfriend remained in RAK and boarded eventually that flights. She also claimed and got compensation with no question asked.
On the other hand, BA has refused to compensate me as: "I have investigated the eligibility of your claim, and I'm sorry to advise that your claim for EU Compensation has been refused as you did not travel on the delayed flight. Under EU Regulation 261/2004, I'm afraid we’re not liable for a compensation payment in this situation."
Is this true? I also want to point out that BA did not offer any alternative flight to get to London.
Thanks for your replies and knowledge! If I haven't been clear I can clarify!
A while I haven't been on the forum but I have a dilemma on a BA potential compensation. I'll try to make my case as clear as possible:
Last summer, I was on holiday in Morocco supposed to come back September 8th with the BA2669 RAK-LGW 18:20-21:45 booked on Avios.
On September 9th I had a TAP flight at 11:20 LHR-LIS-GRU (in J) for work. I would argue this is not a self-connection as the trips are different and there are over 13 hours between the first arrival and the second departure.
On the 8th at RAK airport the BA flight starts taxiing twice but we never get to take-off due to an engine-related problem. We get a night in a hotel and they say the flight will depart the following morning.
As the TAP flight were work-related, I managed to rearrange my itinerary with my travel agent for the following day from LHR-LIS-GRU to RAK-LIS-GRU (however I had to give up the J class to Y class...).
Obviously, I never board on the second flight as I am travelling to Brazil for work.
While I am not there, the BA flight gets delayed again and again until the night of the 9th and lands in LGW in the early hours of the 10th with over 24hrs delay. My girlfriend remained in RAK and boarded eventually that flights. She also claimed and got compensation with no question asked.
On the other hand, BA has refused to compensate me as: "I have investigated the eligibility of your claim, and I'm sorry to advise that your claim for EU Compensation has been refused as you did not travel on the delayed flight. Under EU Regulation 261/2004, I'm afraid we’re not liable for a compensation payment in this situation."
Is this true? I also want to point out that BA did not offer any alternative flight to get to London.
Thanks for your replies and knowledge! If I haven't been clear I can clarify!
Mar 21, 2019, 11:13 am
#278
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As you did not actually fly on the delayed BA flight then you simply don't qualify for EU261. Your partner did which is why she got it.
Mar 21, 2019, 11:33 am
#279
Join Date: Mar 2019
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Posts: 40
Update
It's not good to have a bus crammed like that, but to BA's credit, this is often the fastest way of switching aircraft, particularly a large one such as a 747. If you take people up the airbridge someone simply won't make it to another gate, even if it stayed in T5B. If it was T5C it becomes impossible. You then have to reshuffle all the baggage so that passengers and baggage are reconciled.
You are correct that BA are unlikely to agree to this, arguing that more than 25 minutes is due to weather / ATC, and that may be plausible. However you also have a point that the extra delays were caused by fundamentally an aircraft going tech - and I also think you have a plausible line on "all reasonable steps". So you need to look at post 171 for how to handle, and you just need to line your ducks in a row.
In that respect, you will find the following useful.
You are correct that BA are unlikely to agree to this, arguing that more than 25 minutes is due to weather / ATC, and that may be plausible. However you also have a point that the extra delays were caused by fundamentally an aircraft going tech - and I also think you have a plausible line on "all reasonable steps". So you need to look at post 171 for how to handle, and you just need to line your ducks in a row.
In that respect, you will find the following useful.
Just to update - BA have rejected my claim and offered me avios, just like you. They're stating the plane needed to be de-iced (it never was) and that caused the delay. I have replied correcting them, and informed them that I reject their offer, and I have also asked for confirmation this is their final decision. Additionally, I have asked them to list the reasonable steps they took to avoid the operational delay.
Just like you in 171, there was no mention of exceptional circumstances. I'll await a response, and escalate if they do not change their stance. Thanks for your help, if you have any further advice it would be great. Thanks!
Mar 21, 2019, 1:03 pm
#280
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The best advice I can give at this point is try to close down the lines of argument if you can, there is a risk that asking for them to list reasonable steps will give them another bite of the cherry. Hopefully not and they will give you the "our answer will not change". It's unusual - though not unprecedented - that BA change their minds once they have pronounced. On the other hand it was probably good to document that the aircraft wasn't de-iced. Apart from that, just get your timings listed and perhaps start researching CEDR.
Mar 21, 2019, 1:06 pm
#281
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On the other hand, BA has refused to compensate me as: "[/color]I have investigated the eligibility of your claim, and I'm sorry to advise that your claim for EU Compensation has been refused as you did not travel on the delayed flight. Under EU Regulation 261/2004, I'm afraid we’re not liable for a compensation payment in this situation."
Is this true? I also want to point out that BA did not offer any alternative flight to get to London.
Is this true? I also want to point out that BA did not offer any alternative flight to get to London.
Mar 21, 2019, 4:18 pm
#283
Join Date: May 2017
Posts: 2,016
Are you sure about this? The way Article 5 is written, it sounds as you do not give up your rights under Article 7 regardless of which option you pick under Article 8.
Mar 21, 2019, 4:27 pm
#284
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Article 5 is about cancellations. The flight that GiPi was booked on wasn't cancelled but delayed.