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
#361
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,997
Hi there,
Apologies if this is a stupid question - I've been searching but not able to find an answer. We were travelling in F on the BA 0007 from LHR to HND, on the 24th April, delayed arriving by 3 hours and 30 minutes. BA customer relations reached out proactively, offering 25,000 avios or a £300 e-voucher. As we're travelling I haven't responded, and now received another email stating that 25,000 avios will be deposited in my account shortly. This is all well and good, as I think I was going to take the avios anyway, normally managing to get greater than ~1.12p of value from them, but I was a little surprised there wasn't a wait for a response.
However, in spite of the customer service gesture am I correct in thinking I still need to seperately claim for the EC 261 compensation due of EUR €300 pp?
Thanks,
GabrielExea
Apologies if this is a stupid question - I've been searching but not able to find an answer. We were travelling in F on the BA 0007 from LHR to HND, on the 24th April, delayed arriving by 3 hours and 30 minutes. BA customer relations reached out proactively, offering 25,000 avios or a £300 e-voucher. As we're travelling I haven't responded, and now received another email stating that 25,000 avios will be deposited in my account shortly. This is all well and good, as I think I was going to take the avios anyway, normally managing to get greater than ~1.12p of value from them, but I was a little surprised there wasn't a wait for a response.
However, in spite of the customer service gesture am I correct in thinking I still need to seperately claim for the EC 261 compensation due of EUR €300 pp?
Thanks,
GabrielExea
#362
Ambassador: Emirates Airlines
Join Date: Sep 2004
Location: Manchester, UK
Posts: 18,620
yes you need to separately claim for any ec261 compensation which in your case would be at the €600 per person level I think. It does depend on the reason for the delay though as to whether it is payable. As the flight is a few days ago I can’t see any reason codes on expertflyer.
#363
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,997
#364
FlyerTalk Evangelist
Join Date: Jul 2006
Location: Hong Kong, France
Programs: FB , BA Gold
Posts: 15,570
Some airlines proactively offer the EC261 compensation and there is no need to "claim".
The proactive 300 offer might be viewed as such a compensation.
The proactive 300 offer might be viewed as such a compensation.
#365
Join Date: Aug 2015
Location: London, UK
Programs: BA GGL
Posts: 1,578
True, but the airline certainly isn't allowed to give 25,000 avios and call that compensation without agreement from the passenger.
#366
Join Date: Sep 2015
Posts: 786
I realize this the BA forum, however I would like to post a question regarding AF and EU261 as this thread seems to have the most knowledge on the subject.
So AF ticket KBP-SYD via CDG-AUH, was bumped on an oversold flight, tried checking in online 24hrs and was told I’m on standby, at the airport no joy so was rebooked tomorrow.
Does EU261 not apply as my origin is Ukraine and not part of the EU?
Thanks.
So AF ticket KBP-SYD via CDG-AUH, was bumped on an oversold flight, tried checking in online 24hrs and was told I’m on standby, at the airport no joy so was rebooked tomorrow.
Does EU261 not apply as my origin is Ukraine and not part of the EU?
Thanks.
#367
FlyerTalk Evangelist
Join Date: Jul 2006
Location: Hong Kong, France
Programs: FB , BA Gold
Posts: 15,570
I am just saying that if the OP decides to opt for the cash offer of GBP300, it is unclear that he can ask for additional monetary compensation on top of that.
And if the OP opts for the avios instead of cash, the same probably applies.
Of course, the issue arises if the OP never opted for avios and received them nevertheless.
#368
FlyerTalk Evangelist
Join Date: Jul 2006
Location: Hong Kong, France
Programs: FB , BA Gold
Posts: 15,570
I realize this the BA forum, however I would like to post a question regarding AF and EU261 as this thread seems to have the most knowledge on the subject.
So AF ticket KBP-SYD via CDG-AUH, was bumped on an oversold flight, tried checking in online 24hrs and was told I’m on standby, at the airport no joy so was rebooked tomorrow.
Does EU261 not apply as my origin is Ukraine and not part of the EU?
Thanks.
So AF ticket KBP-SYD via CDG-AUH, was bumped on an oversold flight, tried checking in online 24hrs and was told I’m on standby, at the airport no joy so was rebooked tomorrow.
Does EU261 not apply as my origin is Ukraine and not part of the EU?
Thanks.
It would be also useful if you detailed your flights and on which one you were denied boarding. Was the KBP-CDG the guilty one and was it operated by AF? were you confirmed on all flights?
#369
Join Date: Nov 2002
Location: SEA/YVR/BLI
Programs: UA "Lifetime" Gold, AS MVPG100K, OW Emerald, HH Lifetime Diamond, IC Plat, Marriott Gold, Hertz Gold
Posts: 9,490
Two causes of missed connection?
A relative is flying DEL-LHR-SEA. BA 142 (DEL-LHR) was announced as delayed about 90 minutes because Pakistan closed its airspace, but he could still make his connection to BA 53 (LHR-SEA).
The captain subsequently announced a mechanical problem which delayed them further on the ground at DEL, causing him to miss his connection.
The good news is that there was space available on BA 49 (and maintaining his Club World seating!), and he is in the air and due to land at SEA about six hours late.
When more than one factor lead to a missed connection, will a compensation claim be successful?
Thanks in advance for any insights.
The captain subsequently announced a mechanical problem which delayed them further on the ground at DEL, causing him to miss his connection.
The good news is that there was space available on BA 49 (and maintaining his Club World seating!), and he is in the air and due to land at SEA about six hours late.
When more than one factor lead to a missed connection, will a compensation claim be successful?
Thanks in advance for any insights.
#370
Join Date: Sep 2015
Posts: 786
I think you would be better off asking on the AF forum as different airlines have different procedures and past experiences.
It would be also useful if you detailed your flights and on which one you were denied boarding. Was the KBP-CDG the guilty one and was it operated by AF? were you confirmed on all flights?
It would be also useful if you detailed your flights and on which one you were denied boarding. Was the KBP-CDG the guilty one and was it operated by AF? were you confirmed on all flights?
#371
Community Director
Join Date: Jan 2009
Location: Norwich, UK
Programs: A3*G, BA Gold, BD Gold (in memoriam), IHG Diamond Ambassador
Posts: 8,481
A relative is flying DEL-LHR-SEA. BA 142 (DEL-LHR) was announced as delayed about 90 minutes because Pakistan closed its airspace, but he could still make his connection to BA 53 (LHR-SEA).
The captain subsequently announced a mechanical problem which delayed them further on the ground at DEL, causing him to miss his connection.
The good news is that there was space available on BA 49 (and maintaining his Club World seating!), and he is in the air and due to land at SEA about six hours late.
When more than one factor lead to a missed connection, will a compensation claim be successful?
Thanks in advance for any insights.
The captain subsequently announced a mechanical problem which delayed them further on the ground at DEL, causing him to miss his connection.
The good news is that there was space available on BA 49 (and maintaining his Club World seating!), and he is in the air and due to land at SEA about six hours late.
When more than one factor lead to a missed connection, will a compensation claim be successful?
Thanks in advance for any insights.
#372
Join Date: Nov 2002
Location: SEA/YVR/BLI
Programs: UA "Lifetime" Gold, AS MVPG100K, OW Emerald, HH Lifetime Diamond, IC Plat, Marriott Gold, Hertz Gold
Posts: 9,490
BA had first projected a 91-minute late arrival due to Pakistani airspace closure.
The captain later announced a mechanical delay, which appears to have added another 43 minutes to the flight, leading to a 2 hours 14 minutes late arrival, enough to miss the connection.
It was the combination that prevented his making his connection at LHR, and he's fortunate to still be arriving home Sunday around 5 PM local time.
Afterthought: Could it be argued that, since Pakistan closed its airspace in late February (almost exactly two months ago) it's no longer an "extraordinary circumstance"?
Last edited by Fredd; Apr 28, 2019 at 2:31 pm Reason: Afterthought
#373
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Melbourne
Programs: ►QFWP/LTG►VA WP►HyattExpl.►HiltonGold►ALL Silver
Posts: 21,995
...
Afterthought: Could it be argued that, since Pakistan closed its airspace in late February (almost exactly two months ago) it's no longer an "extraordinary circumstance"?
Afterthought: Could it be argued that, since Pakistan closed its airspace in late February (almost exactly two months ago) it's no longer an "extraordinary circumstance"?
The 789 engine issues being used an 'extraordinary' circumstance by BA has for some months been largely upheld by CEDR/MCOL. However the passing of time since that first occurred has seen decisions to pay compensation based on BA having not taken "all reasonable measures" given the amount of time they have had to anticipate scheduling issues.
Last edited by serfty; Apr 28, 2019 at 9:24 pm
#374
Community Director
Join Date: Jan 2009
Location: Norwich, UK
Programs: A3*G, BA Gold, BD Gold (in memoriam), IHG Diamond Ambassador
Posts: 8,481
To be clear, the circumstances are still extraordinary, so you need to argue under a different clause of the legislation - that BA didn’t take all reasonable measures.
I would see this one as much more difficult to argue than the RR engine issues - the timescale since first impact is shorter, the duration is much more difficult to determine, there are no real options other than to extend the flight time and push out connecting flights. Now the friend still had a legal connection even with the closure, so that isn’t the issue here - only the mech problem.
I would see this one as much more difficult to argue than the RR engine issues - the timescale since first impact is shorter, the duration is much more difficult to determine, there are no real options other than to extend the flight time and push out connecting flights. Now the friend still had a legal connection even with the closure, so that isn’t the issue here - only the mech problem.
#375
Join Date: Nov 2002
Location: SEA/YVR/BLI
Programs: UA "Lifetime" Gold, AS MVPG100K, OW Emerald, HH Lifetime Diamond, IC Plat, Marriott Gold, Hertz Gold
Posts: 9,490
According to the article I previously linked to, other airlines are taking measures, e.g.
American carrier United has temporarily suspended its Delhi-Newark flight and is monitoring the situation.
German flag carrier Lufthansa had said earlier that connections to Bangkok and Singapore would also be hit besides operations to India.
"We are already preparing adjusted routes and will increase the amount of additional fuel in the event of delays. Some traffic rights for the new routing must also be secured," the airline had said on closure of Pakistani airspace.
German flag carrier Lufthansa had said earlier that connections to Bangkok and Singapore would also be hit besides operations to India.
"We are already preparing adjusted routes and will increase the amount of additional fuel in the event of delays. Some traffic rights for the new routing must also be secured," the airline had said on closure of Pakistani airspace.