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

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Old Aug 14, 2019, 9:19 am
  #736  
 
Join Date: Nov 2010
Posts: 5,596
Originally Posted by raquelle
These flights were all biz tix, and I was BA Gold status at time of flights.

I was booked to fly from Geneva to London and then back home to NYC as follows: July 29 BA 725 @10 am, arriving LHR 11 am, and then BA 115 @ 14:25, arriving JFK 17:20. In total, an 11 hour journey.

BUT:
The GVA/LHR flight was cancelled (crew problems) and instead of rebooking me on the 8 am flight, as I requested, to keep my original BA 115 flight departing LHR 14:25 and arriving JFK 17:20, I was rebooked on the 17:30 flight (BA 733) to connect with BA 183 (LHR/JFK) scheduled for departure at 8 pm. Arriving in LHR, that flight BA 183 LHR/JFK was delayed for 2.5 hours as the original plane had a technical problem and the new plane was missing some of the catering facilities. I landed in JFK at 01:30 on July 30th - a total journey (including all the delays from cancelled and late flights) of almost 19 hours. Not to mention the stressful middle of the night arrival in a different terminal other than the usual updated T7.

I applied to office of Alex Cruz, who replied promptly and professionally that my request for status exemption - as compensation - was not possible, however that my complaint would be addressed by Exec Customer Relations. All I received from them after a week was a survey form for the second flight. Which I ignored and wrote again to Exec Customer Service.

What to do? How long before submitting legal claims? So disappointed in BA........
BA have a separate department who deal with delays covered by EU261. That is all they do, and you must claim on the appropriate part of the website. Emailing or calling any other part of BA will simply end up in the round file.
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Old Aug 14, 2019, 10:08 am
  #737  
 
Join Date: May 2009
Location: UK
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During last week’s IT meltdown, my original flight to GLA was cancelled and was I rebooked on to the last EDI flight that ended up arriving 5+hrs later. BA over the phone agreed to cover the hotel and travel back to GLA the following morning upon presentation of receipts, upto £250. Can I still claim EU261? I’m assume I could request this via the same CR case opened for the expenses?
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Old Aug 14, 2019, 10:15 am
  #738  
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Originally Posted by pazza2000
During last week’s IT meltdown, my original flight to GLA was cancelled and was I rebooked on to the last EDI flight that ended up arriving 5+hrs later. BA over the phone agreed to cover the hotel and travel back to GLA the following morning upon presentation of receipts, upto £250. Can I still claim EU261? I’m assume I could request this via the same CR case opened for the expenses?
Yes, Right to Care including overnight accommodation must always be provided. But if the underlying event was BA's fault (to simplify somewhat) then Article 7 compensation is also payable. Yes you can and should claim for it very clearly, making reference to EC261, in the CR case already opened.
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Old Aug 14, 2019, 10:22 am
  #739  
 
Join Date: May 2009
Location: UK
Posts: 3,951
Originally Posted by corporate-wage-slave
Yes, Right to Care including overnight accommodation must always be provided. But if the underlying event was BA's fault (to simplify somewhat) then Article 7 compensation is also payable. Yes you can and should claim for it very clearly, making reference to EC261, in the CR case already opened.
Thanks, I’ll do just that! What threw me a little is the amounts that they agreed to pay upto for the accom / travel is roughly that of what EU261 amount I believe I’m entitled to.
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Old Aug 14, 2019, 10:27 am
  #740  
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Originally Posted by pazza2000


Thanks, I’ll do just that! What threw me a little is the amounts that they agreed to pay upto for the accom / travel is roughly that of what EU261 amount I believe I’m entitled to.
It's a coincidence. £200 for the room, £50 for the taxi is roughly the top end of hotel and West London taxi fares. Ideally I would hope that people are careful to keep costs down since that reduces the pressures on those occasions when hotels rates go above that.
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Old Aug 14, 2019, 11:16 am
  #741  
 
Join Date: Nov 2005
Location: NYC
Programs: AA platinum, BA gold, Star Alliance silver, Lotusmiles silver, Carlson gold
Posts: 24
Thanks for your suggestions - I've just submitted the online application for compensation and will keep you updated.
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Old Aug 14, 2019, 3:15 pm
  #742  
 
Join Date: Jul 2019
Posts: 457
BA264/BA265 LHR-MAD-LHR on 10 August 2019 operated by new A350-1000 was cancelled due technical issue

I made 2 separate claims and received answer for BA265
I had to cancel booking due cancellation I couldn't travel next day because of work, I would like to fly next day and charge for hotel BA but I saved them some money .


Thanks for contacting us about your cancelled flights on 10 August. Please accept my apologies for the delay in my reply. I'm sincerely sorry for the inconvenience caused when your flight was cancelled.

Your claim's been refused because BA0465 on 10 August 2019 were cancelled because of damage caused to the aircraft which was outside of our control. As a result of this, mandatory inspections had to be carried out. These generally take around four hours and have to be completed before the aircraft can operate. I'm sorry to disappoint you.

We take all reasonable measures to avoid disruption to a flight and we always consider if there are any other alternative solutions before we make a decision. The cancellation was out of our control and caused unforeseen disruption to our schedule.

and they also offered 10k avios already in my account

how to answer them just replay what it's technical issue and airline its always responsible to it, and mention CEDR in answer?

plane landed 13.05 and BA264 SHOULD DEPART AT 16.35 to MAD, in answer they writing about BA265 which was cancelled because BA264 didn't leave LHR home base there should be some spare airplane.....


please advise me, many FT people is in the same situation on BA265 party plane should be at least 25 FT members.....
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Old Aug 14, 2019, 4:05 pm
  #743  
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Originally Posted by Garimi
please advise me, many FT people is in the same situation on BA265 party plane should be at least 25 FT members.....
I think it's the same issue reported in post 732 above, and my reply in post 733 would be the same for you.
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Old Aug 15, 2019, 12:37 am
  #744  
 
Join Date: Mar 2005
Programs: AA Exec Plat, Hilton Diamond
Posts: 64
How long should I wait for a response to a claim? My flight back on 19/7, BA 279, was cancelled because the aircraft went tech. I submitted the online claim the next day, but have never heard anything. Do I need to call to move it along?
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Old Aug 15, 2019, 3:14 am
  #745  
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Originally Posted by SJCPremier
How long should I wait for a response to a claim? My flight back on 19/7, BA 279, was cancelled because the aircraft went tech. I submitted the online claim the next day, but have never heard anything. Do I need to call to move it along?
I am assuming here you got the auto-email back with an incident number. Because of recent events, I think a month is going to be the minimum at the moment. You could try sending a DM via Twitter but some recent reports suggest that isn't doing much good either. After 6 weeks you could try repeat calling the CR line in the UK afternoon, but the path of least resistance is to just wait it out.

Elsewhere I notice a Silver cardholder (status does help here) claiming for a straightforward incident on 10 July, and presumably submitted a few days thereafter, received their compensation today.
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Last edited by corporate-wage-slave; Aug 15, 2019 at 3:21 am
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Old Aug 15, 2019, 3:14 am
  #746  
 
Join Date: Nov 2014
Location: London
Programs: BAEC Silver, M&M, HHonors Gold
Posts: 1,223
Originally Posted by corporate-wage-slave
I think it's the same issue reported in post 732 above, and my reply in post 733 would be the same for you.
Thanks for pointers. I sent my response to BA and if they still refuse compensation, I will follow your advice. Unfortunately for BA, there's very good account of events on 10/08 and A350 flight cancellation.
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Old Aug 15, 2019, 6:23 am
  #747  
 
Join Date: Jan 2007
Location: living near Malaga
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Posts: 2,111
Originally Posted by Garimi
BA264/BA265 LHR-MAD-LHR on 10 August 2019 operated by new A350-1000 was cancelled due technical issue
I made 2 separate claims and received answer for BA265
So, you made a claim and have got a knock back in just 5 days?

Would that lead us to believe that those waiting longer (like me 16 days) are more likely not to get a knock back? Is this some evidence of a "triage" system where perhaps wheat and chaff are separated at the very early stage before claims are dealt with in date order two to three weeks down the line?

BTW as other have mentioned @Garimi I also believe you should go back to BA as you case is not as clear cut as they assume.
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Old Aug 15, 2019, 8:01 am
  #748  
 
Join Date: Jul 2012
Location: London, UK
Posts: 139
BA185 9th August

I have just submitted a claim re cancellation of BA185 LHR-EWR on 9th August. It returned to LHR due to a technical fault after take-off (it made it to Wales), and then we were put on a later flight which led to a >4 hour delay. Original flight was on aircraft G-ZZZB.

I wonder if a tech issue in the air could be considered "extraordinary circumstances". I had assumed not based on Huzar and the fact that the plane flew the next day, but don't know whether the fact that the problem only occurred, or was identified, in the air makes a difference. I found this statement online regarding the flight:

The flight returned after a minor technical issue and requested a priority landing as a precaution.
We have upgraded the later service to a larger aircraft which is taking the majority of passengers and the remaining are booked on other flights to New York.

Any thoughts / experience with similar situations?
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Old Aug 15, 2019, 8:50 am
  #749  
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Originally Posted by LondonMiles

The flight returned after a minor technical issue and requested a priority landing as a precaution.
We have upgraded the later service to a larger aircraft which is taking the majority of passengers and the remaining are booked on other flights to New York.

Any thoughts / experience with similar situations?
I would say the key words are "minor" and "precaution". If (e.g.) BA had hit a drone on departure that would seem to me to be not inherent and potentially extraordinary. But the language used above tends to another direction. Far more important are the actual words used by the flight deck crew as they explain the situation, and it's a good idea to note that down at the time. It looks to me that Article 7 would apply here, and I would go ahead and apply for it. Should it happen again it's good to ask in this thread within a day or so, so we can also pull out the dispatch notes.
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Old Aug 15, 2019, 9:09 am
  #750  
 
Join Date: Nov 2014
Location: London
Programs: BAEC Silver, M&M, HHonors Gold
Posts: 1,223
Originally Posted by sunshinebob
So, you made a claim and have got a knock back in just 5 days?
I made the claim on Sunday and got refusal, avios offer and hotel refund (up to 10 working days before it lands in my account) on Wednesday. Was surprised with quick turnaround.
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