Go Back  FlyerTalk Forums > Miles&Points > Airlines and Mileage Programs > British Airways | Executive Club
Reload this Page >

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

Community
Wiki Posts
Search
Old Jan 1, 2019, 2:39 am
FlyerTalk Forums Expert How-Tos and Guides
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.
Print Wikipost

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

Thread Tools
 
Search this Thread
 
Old Sep 15, 2019, 10:11 am
  #1051  
 
Join Date: Nov 2010
Posts: 5,596
Originally Posted by Dashed
Hoping this is the right thread for this...

We were on the NCE-MAN flight last night that was eventually cancelled after about 5hrs of incremental delays. Usual lack of info, no one about to help etc but no a big deal these days with WiFi and all the flight info on the internet. The real issue was when they cancelled the flight and subsequent arrangements.

We were travelling with our toddler (just less that 2 years old) and were allocated a room in a hotel nearby and I confirmed several times that we’d have a cot for our son. We were sent off to wait for the hotel shuttle bus which was due in 20 mins.

long story short, the hotel doesn’t have a shuttle bus (and told BA’s local agents sorting out hotels this), nor were they expecting any toddlers and didn’t have any cots or spare beds.

As as a result, we had a €60 taxi fare and a twin room with no cot or third bed available. After much pestering of the hotel staff, I eventually managed to get an extra sheet and couple of spare duvets and spent the night on the floor while my wife took 1 single and my son the other.

I’m guessing that recovering the taxi fare isn’t going to be an issue, and both my wife and I will be entitled to the standard EU compensation. any chance I’ll get anything else out of BA for the shoddy hotel arrangements and night spent on the floor? Had we known in advance of the arrangements then we’d have found our own hotel but it feels like we were deliberately mislead just to get us moving and out of the airport.
Make a complaint to customer services, they may give you a few Avios. For future reference I always make my own arrangements and claim the costs back from BA.
rapidex is offline  
Old Sep 15, 2019, 12:47 pm
  #1052  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,760
Originally Posted by jk156
Sorry to gratuitously bump this... no response from BA yet but would welcome collective FT wisdom on this! Realise that I omitted detail that original flight cancellation was technical-related.
Obviously you should apply, however I don't think you have a case. Quite a lot of details remain missing but had you got to London more than 4 hours after the NCL arrival time then you may have an argument in favour of compensation. Had you travelled and midway through decided the NCL was "in vain" then you may also have got further with this. But in this case you won't be delayed on one level, and you have effectively reticketed yourself to a new and different destination. However if you cancelled the booking altogether - and you were given less than 2 weeks notice (not clear here) then you could get the refund and claim the compensation. But depending on the missing details, you don't appear to have actually been through a delay, merely a missed opportunity to go to NCL.
corporate-wage-slave is online now  
Old Sep 15, 2019, 11:23 pm
  #1053  
 
Join Date: Jan 2011
Location: London, UK
Programs: BAGGL, A3G, Accor Gold, Hilton Diamond, IHG Diamond, LHW Sterling
Posts: 1,308
Asking mostly for interest and to the extent the case is not already covered in the prior threads, but what is the position ref re-imbursement/comp (if any) for my situation.

Original flight scheduled: BA 072 14 September AUH- LHR 01.50 am
Flight cancelled. informed around 26 hours out from departure (operational reasons) - assume this was consolidating lightly loaded flights TBH
Alternative from DXB offered for BA 106, scheduled for similar time 01.30am but different departure airport.
We also looked at Etihad, but was was in WTP there was no comparable seat.
Instead asked and was re-booked onto BA 108 DXB- LHR 14 September 09.20am.

I choose the day rather than night flight as didn't fancy a 100 mile taxi ride in the middle of the night.
My additional costs were one night hotel (around £80) and one taxi from Abu Dhabi to DXB (around £60).
Comments most welcome. I'm not experienced in this area, and the change of departure airport is a complicating factor maybe.

Last edited by Woodbinerich; Sep 15, 2019 at 11:45 pm
Woodbinerich is offline  
Old Sep 16, 2019, 1:40 am
  #1054  
hmv
 
Join Date: Apr 2008
Location: Rotterdam, The Netherlands
Posts: 655
Can you actually combine EU261 compensations? Was scheduled on the flight yesterday to AUH, which was cancelled 24 hours in advance for OPEY reasons and now heard that my WTP is already overbooked and might consider doing either a downgrade to WT.
hmv is offline  
Old Sep 16, 2019, 4:05 am
  #1055  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,760
Originally Posted by Woodbinerich
I choose the day rather than night flight as didn't fancy a 100 mile taxi ride in the middle of the night.
My additional costs were one night hotel (around £80) and one taxi from Abu Dhabi to DXB (around £60).
Comments most welcome. I'm not experienced in this area, and the change of departure airport is a complicating factor maybe.
The change from night flight to day flight is the complicating factor actually. The taxi fare should be fine, I would expect BA to pay that swiftly. In essence BA offered a replacement flight which would have avoided (or at least reduced) the Article 7 compensation and avoided an extra overnight, if I have understood correctly. You instead chose, quite reasonably, to go the next day. So in my book the extra hotel night is on you, and no article 7 payment would be due.
Woodbinerich likes this.
corporate-wage-slave is online now  
Old Sep 16, 2019, 4:08 am
  #1056  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,760
Originally Posted by hmv
Can you actually combine EU261 compensations? Was scheduled on the flight yesterday to AUH, which was cancelled 24 hours in advance for OPEY reasons and now heard that my WTP is already overbooked and might consider doing either a downgrade to WT.
Overbookings usually result in upgrades, WTP is the swing cabin for that. But yes, if that happened then you can claim both the delay and the downgrade in one claim. You don't need to work out the calculation yourself (see the wiki for the Mennens formula) but you need to do the maths yourself to check BA's repayment - which may take some time in the current climate.
corporate-wage-slave is online now  
Old Sep 16, 2019, 8:39 am
  #1057  
 
Join Date: Jan 2011
Location: London, UK
Programs: BAGGL, A3G, Accor Gold, Hilton Diamond, IHG Diamond, LHW Sterling
Posts: 1,308
Originally Posted by corporate-wage-slave
The change from night flight to day flight is the complicating factor actually. The taxi fare should be fine, I would expect BA to pay that swiftly. In essence BA offered a replacement flight which would have avoided (or at least reduced) the Article 7 compensation and avoided an extra overnight, if I have understood correctly. You instead chose, quite reasonably, to go the next day. So in my book the extra hotel night is on you, and no article 7 payment would be due.
Thanks. This is in accordance with what intuitively makes sense to me.
Woodbinerich is offline  
Old Sep 16, 2019, 11:57 am
  #1058  
 
Join Date: Feb 2017
Programs: BA
Posts: 18
Hello! I was on BA 2789 (BOD - LGW) on 15th Sep 2019 - which arrived almost 18 hours late (on the 16th). I'm trying to understand whether I'm due compensation or not.

We initially boarded the aircraft, and were told that some of the cabin crew at the rear of the plane suspect fumes in the cabin as they felt light headed. We are asked to disembark as they investigated. The investigation went into the night and BA put us in a hotel overnight - no issues there.

When it came to boarding today morning, the pilot mentioned that their investigation had found nothing, and the plane was safe the fly.

Additionally, when it came to the meal options, I am vegetarian and there were no vegetarian options available with the voucher - can I claim for this food?

Questions:
  1. Am I due compensation?
  2. What does ExpertFlyer say about this incident?
The_SpinDoctor is offline  
Old Sep 16, 2019, 12:05 pm
  #1059  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,760
Originally Posted by The_SpinDoctor
  1. Am I due compensation?
  2. What does ExpertFlyer say about this incident?
Yes you should be OK for compensation, this looks like a straightforward delay for inherent reasons. EF says - perhaps inevitably ZO, the broad category for operational delays. You were scheduled into LGW at 20:20 hrs, you actually arrived at 14:08 hrs choks on.

I don't think you have the formal right to vegetarian food, but I think it would be harsh if BA didn't pay (against receipts) for whatever you had to buy, particularly if it was something fairly modest.
The_SpinDoctor likes this.
corporate-wage-slave is online now  
Old Sep 16, 2019, 12:33 pm
  #1060  
 
Join Date: May 2005
Location: Washington, DC
Posts: 244
Originally Posted by corporate-wage-slave
You should have an e-ticket that gives the breakdown of Avios and taxes / fees. But to do you own calculation of Mennens (see wiki) - it is not just the difference - just make a dummy revenue booking in First, and click on the breakdown. You will then see the taxes that are unavoidable and those which are actually BA's carrier surcharges. For revenue and redemption it is the same amount though of course there can be movement in taxes and exchanges rates between when you booked and today's figures. Also BA.com has an Avios calculator after you have logged in to your BAEC account, though I'm not sure you need to do that. . It is a bit complex, I appreciate, but it's ok to do a rough and ready version in terms of what to expect from BA. You don't actually claim an amount from BA, you tell them this happened and let them do the calculation. However for downgrades with 2-4-1 they almost never get it right. By all means, once you have researched the figures check here again to see if the calculation is correct.
Thanks so much - this is very helpful.
dillard8 is offline  
Old Sep 17, 2019, 8:54 am
  #1061  
 
Join Date: Jun 2018
Posts: 53
Do I now claim through CEDR

I have posted on this quite a bit. But it’s now been 7 weeks since I submitted my claim and still nothing. However, I know of another person on the same flight who was paid out. Should I now submit a CEDR claim? Any advice is greatly appreciated. I was going to reach them by DM on Twitter and mention that I’m now going through CEDR. Your thoughts.
Anns76 is offline  
Old Sep 17, 2019, 11:00 am
  #1062  
Ambassador: Emirates Airlines
 
Join Date: Sep 2004
Location: Manchester, UK
Posts: 18,603
Originally Posted by Anns76
I have posted on this quite a bit. But it’s now been 7 weeks since I submitted my claim and still nothing. However, I know of another person on the same flight who was paid out. Should I now submit a CEDR claim? Any advice is greatly appreciated. I was going to reach them by DM on Twitter and mention that I’m now going through CEDR. Your thoughts.
You need to wait 8 weeks if you haven't got a deadlock letter :-

- At least eight weeks have passed since you first complained to them or you have received a final response (deadlock) letter
DYKWIA is online now  
Old Sep 17, 2019, 11:14 am
  #1063  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,760
Originally Posted by Anns76
I have posted on this quite a bit. But it’s now been 7 weeks since I submitted my claim and still nothing. However, I know of another person on the same flight who was paid out. Should I now submit a CEDR claim? Any advice is greatly appreciated. I was going to reach them by DM on Twitter and mention that I’m now going through CEDR. Your thoughts.
I think it depends on your willingness to do a bit of extra work next week, the Twitter idea may also help, I can't see it doing any harm. I've no doubt it will be paid eventually, so if you ok to be laid back about it then that's a perfectly valid approach too. On one level, using CEDR will in overall terms make matters worse for BA, since extra resources will be needed to handle your case, but equally it could bring pressure to bear on BA, since BA have to pay some undisclosed amount to CEDR for every complaint handled. At some point, someone will do the maths and reorganise the workload better.
corporate-wage-slave is online now  
Old Sep 18, 2019, 2:04 am
  #1064  
 
Join Date: Jan 2018
Programs: BAEC
Posts: 40
Hello.

Some family members were flying BCN-JFK on 5/Sep (IB2627). Their flight was cancelled and they were told it was due to some IT issue with Iberia's systems. As the issue seemed to be with Iberia, I assumed they would get EU261 compensation, but they have received an email today saying this was beyond their control and will not get compensation.

Could someone please check the reason this flight was cancelled and whether its eligible for compensation. Apologies in advance if this is too late and cannot be checked any more. I guess the next course of action would be to use AirHelp or one of these websites.

Thanks
slayers_88 is offline  
Old Sep 18, 2019, 2:59 am
  #1065  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,760
Originally Posted by slayers_88
Could someone please check the reason this flight was cancelled and whether its eligible for compensation. Apologies in advance if this is too late and cannot be checked any more. I guess the next course of action would be to use AirHelp or one of these websites.
This is probably best handled in the Iberia forum since it's their problem. Iberia have a simple policy of denying all EC261 claims - unless they are totally impossible to avoid - until their National Enforcement Body tells them to pay up. The process is here:
Complaints - Aena.es

It's too late now to find out the cause, it's important to ask here within a day or two, not later. But in a way it doesn't matter, it's Iberia's responsibility to prove it is extraordinary + all reasonable measures, which when departing from BCN will be difficult to do. By all means use one of external claim-chasing bodies but they save you no effort, and most of them (all of them?) don't touch Iberia due to the barriers they put up. Once AESA has come out in your favour, Iberia will just pay up.
corporate-wage-slave is online now  


Contact Us - Manage Preferences - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.