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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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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 Apr 1, 2019, 5:36 am
  #316  
 
Join Date: Jun 2004
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I begun travelling today EXT-MAN-BHD with Flybe on the same ticket, due to return tomorrow. While in transit at MAN the flkgfl to BHD was initially delayed by 2.5 hours and then subsequently cancelled. The next available flight BE could offer was at 17:10 (compared to the original 08:25).

Given that I was only travelling for one night, that length of delay renders my trip a waste of time. BE booked me onto a flight at 17:00 back to EXT today which I am happy with.

In these circumstances I believe I am entitled under EC261 to a refund of my ticket plus reasonable meal expenses at MAN. What I'm not clear on is if I'm also entitled to any further compensation in addition to the refund? Just want to make sure I'm claiming for the right thing. flyBE are claiming "operational reasons" for the delay/cancellation - I received an email overnight advising me of the original delay and change of aircraft type so I figure it's not due to a last minute ATC etc issue.
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Old Apr 1, 2019, 6:09 am
  #317  
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Originally Posted by BAW845_Matt
In these circumstances I believe I am entitled under EC261 to a refund of my ticket plus reasonable meal expenses at MAN. What I'm not clear on is if I'm also entitled to any further compensation in addition to the refund? Just want to make sure I'm claiming for the right thing. flyBE are claiming "operational reasons" for the delay/cancellation - I received an email overnight advising me of the original delay and change of aircraft type so I figure it's not due to a last minute ATC etc issue.
Depends on the reason for the cancellation, but if it was a cancellation (and not a delay) then you are entitled to a return to base, refund and potentially Article 7 compensation. Plus the right to care elements such as food and drink. However Flybe in the past has not been a good one for EC261 payments, indeed they make BA look like Lady Bountiful in comparison. If you are still in an airport I would enquire more as to what happened to your original flight.
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Old Apr 1, 2019, 6:19 am
  #318  
 
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Thank you cws​​​​​​​​ for your as always rapid response! Flybe have said it was cancelled due to technical problems, so my understanding is it should be a) a return to base plus b) food and c) €250 compensation? I'm sure they will be a delight to claim from... I may as well prep the CEDR paperwork already!
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Old Apr 1, 2019, 12:55 pm
  #319  
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Originally Posted by BAW845_Matt
... Flybe have said it was cancelled due to technical problems. ...
How did "Flybe" convey this information to you?
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Old Apr 1, 2019, 1:30 pm
  #320  
 
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Originally Posted by serfty
How did "Flybe" convey this information to you?
They responded to a question over Twitter. I'm not sure how exactly it was arrived at as it was a bit of an odd morning. The original flight was on a Dash 8, due to leave at 08:25. I got an email overnight saying the flight would be delayed until 10:40. At the airport I was told the aircraft type had been changed to an E195 that was inbound on a scheduled flight from CDG. This ran late itself by about 20 minutes, and when it did arrive an announcement was made delaying boarding further because they were waiting for a team to arrive to disembark a wheelchair pax. Shortly after this, around 11:15, the flight was cancelled. No reason was given by the gate team who quickly disappeared leaving everyone else to make their way landside.

My gut feeling is there was a tech fault with the original Dash 8 overnight, so a swap was made to the E195 in advance. When this became longer than the expected 2.5 hours perhaps Flybe decided to bin that rotation to claw back some time for the rest of the day? Either way, most of the MAN-BHD flights have been heavily delayed all day.
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Old Apr 2, 2019, 3:40 am
  #321  
 
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Ba147 March 29

Hi all,

Been lurking for a long time and this is a great forum with lots of good advice available. Probably why I have not needed to ask a question before!!

The above flight was delayed on arrival over 4 hours according to all references I can find plus my own watch. Before leaving London I was told twice that the aircraft we were due to use had technical issues and a replacement for that configuration was being waited for. An odd one with Club World type seats up front

Anyway. Reading this thread and the regs it seems cut and dried that I would be due €600 for the delay. But was wondering if there are any 'get out of jail' for BA to avoid this. Or a valid reason why they should not pay up. Or something I have missed

Thanks

Jon
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Old Apr 2, 2019, 5:39 am
  #322  
 
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looks like a pretty straight forward claim. Tech problem, left and arrived over 4 hours late. EUClaim agrees with €600 due (rather than saying extraordinary circumstances) Get your claim in.
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Old Apr 2, 2019, 12:26 pm
  #323  
 
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Originally Posted by BAW845_Matt
They responded to a question over Twitter. I'm not sure how exactly it was arrived at as it was a bit of an odd morning. The original flight was on a Dash 8, due to leave at 08:25. I got an email overnight saying the flight would be delayed until 10:40. At the airport I was told the aircraft type had been changed to an E195 that was inbound on a scheduled flight from CDG. This ran late itself by about 20 minutes, and when it did arrive an announcement was made delaying boarding further because they were waiting for a team to arrive to disembark a wheelchair pax. Shortly after this, around 11:15, the flight was cancelled. No reason was given by the gate team who quickly disappeared leaving everyone else to make their way landside.

My gut feeling is there was a tech fault with the original Dash 8 overnight, so a swap was made to the E195 in advance. When this became longer than the expected 2.5 hours perhaps Flybe decided to bin that rotation to claw back some time for the rest of the day? Either way, most of the MAN-BHD flights have been heavily delayed all day.

A contact at MAN confirmed that it was due to an aircraft going tec, further compounded by staff shortages.
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Old Apr 3, 2019, 8:02 am
  #324  
 
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Originally Posted by BAW845_Matt
Thank you cws​ for your as always rapid response! Flybe have said it was cancelled due to technical problems, so my understanding is it should be a) a return to base plus b) food and c) €250 compensation? I'm sure they will be a delight to claim from... I may as well prep the CEDR paperwork already!

CEDR do not cover FlyBe... you'll need Aviation ADR
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Old Apr 4, 2019, 9:46 am
  #325  
 
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Had a flight earlier this week on AA. MAD-PHL-DCA-CLE all on one PNR and all on AA, all different connecting flight numbers and aircraft. The DCA-CLE went MX and we were accommodated on a flight the next morning. Arrived home about 10 hours late. Am I due compensation? Thanks in advance!
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Old Apr 4, 2019, 9:50 am
  #326  
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Originally Posted by Surface Interval
. Arrived home about 10 hours late. Am I due compensation? Thanks in advance!
On paper you should have a valid claim, but the best thing to do is to check the AA forum since they also have an EC261 thread. More recent post are more useful. The law has evolved in respect of connections.
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Old Apr 5, 2019, 11:18 am
  #327  
 
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Apologies if similar cases have already been dealt with, but I could not find them.

I am booked on BA1541 from ORD to LHR, operated by AA (flight AA90). The plane had a mechanical issue. By the time the mechanics concluded reparations the plane could not take off as we would have landed at LHR beyond curfew, thus the flight was delayed now leaving at 4.30pm instead of 9.05am.

Question: am I entitled to EU261 compensation? If yes, should I raise the claim with BA or AA?
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Old Apr 5, 2019, 11:23 am
  #328  
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Originally Posted by frandrake
Question: am I entitled to EU261 compensation? If yes, should I raise the claim with BA or AA?
Your remedy isn't via EC261, though you could try AA Customer Relations.

To be clear, if on a an AA aircraft you are only covered for flights from Europe, not to Europe.

There is also a detailed thread on EC261 in the AA forum, though that doesn't help in this case.

It makes no difference who sold the ticket, just what is painted on the fuselage.
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Old Apr 5, 2019, 4:37 pm
  #329  
 
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Originally Posted by corporate-wage-slave
However Flybe in the past has not been a good one for EC261 payments, indeed they make BA look like Lady Bountiful in comparison.
My only EC261 claim with flybe (weather delay followed by technical delay, plane swap, new plane wasn't fuelled and no chance of doing so before LCY curfew, overnight delay, swapped to BA flight from LHR as needed to be home for work, taxi to LHR covered as well as hotel) was dealt with by friendly and efficient call centre staff with no wait on the line, immediate bank transfer, no arguing. I therefore must respectfully disagree with your assertion!
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Old Apr 5, 2019, 5:06 pm
  #330  
 
Join Date: Jul 2016
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My family flew into LHR from PHX March 15 on BA288 which was delayed for a technical reason. They missed their LHR connection and were > 4 hours late to their destination. Claimed individually under EC261 and BA acknowledged within a week and has already paid the EUR 600 each.

Question: Given so many people ask "will this flight be covered" or "will BA pay out" or "will BA wriggle out of this"......is there a place here already where "accepted by BA EC261 delayed flights" can be posted for all affected passengers to see? Or should / could there be?
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