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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 28, 2019, 1:37 am
  #361  
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Originally Posted by GabrielExea
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
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.
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Old Apr 28, 2019, 4:07 am
  #362  
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Originally Posted by KARFA
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.
€300 I think. > 3 hours and < 4 hours.
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Old Apr 28, 2019, 4:28 am
  #363  
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Originally Posted by DYKWIA
€300 I think. > 3 hours and < 4 hours.
Sorry, yes you are probably right
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Old Apr 28, 2019, 4:56 am
  #364  
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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.
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Old Apr 28, 2019, 5:11 am
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Originally Posted by brunos
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.
True, but the airline certainly isn't allowed to give 25,000 avios and call that compensation without agreement from the passenger.
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Old Apr 28, 2019, 8:01 am
  #366  
 
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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.
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Old Apr 28, 2019, 8:30 am
  #367  
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Originally Posted by armouredant
True, but the airline certainly isn't allowed to give 25,000 avios and call that compensation without agreement from the passenger.
I fully agree.
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.
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Old Apr 28, 2019, 8:45 am
  #368  
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Originally Posted by Croupier
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.
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?
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Old Apr 28, 2019, 9:34 am
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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.
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Old Apr 28, 2019, 9:53 am
  #370  
 
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Originally Posted by brunos
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?
Thanks for your reply, I will post in the AF forum but it was the KBP-CDG segment on a AF ticket and flight numbers with EY metal from CDG-AUH-SYD
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Old Apr 28, 2019, 1:21 pm
  #371  
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Originally Posted by Fredd
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.
This is where timings are important. BA is only responsible for the mechanical delay, so if that was not sufficient to scupper the connection by itself (that is, if the delay was 30 minutes but the connection time was 2 hours) then no compensation would be due.
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Old Apr 28, 2019, 1:47 pm
  #372  
 
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Originally Posted by NWIFlyer
This is where timings are important. BA is only responsible for the mechanical delay, so if that was not sufficient to scupper the connection by itself (that is, if the delay was 30 minutes but the connection time was 2 hours) then no compensation would be due.
Thanks! I appreciate your explanation. Your example is close to the mark.

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
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Old Apr 28, 2019, 2:49 pm
  #373  
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Originally Posted by Fredd
...
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"?
I was pondering this while reading your post.

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.
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Last edited by serfty; Apr 28, 2019 at 9:24 pm
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Old Apr 28, 2019, 4:16 pm
  #374  
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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.
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Old Apr 28, 2019, 4:55 pm
  #375  
 
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Originally Posted by NWIFlyer
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.
Thanks again for your insights. I've scanned this thread and gather there's some debate (or perhaps vagueness) about what is extraordinary. Pakistan closed its airspace Feb 27 and Flight Aware documents that today's late arrival of BA 142 was not an extraordinary occurrence compared to the last number of days.

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.
Lawyers can argue such issues profitably.
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