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
#1111
Join Date: Dec 2016
Programs: BAEC GGL/CR; Hilton Diamond; Mucci des Puccis
Posts: 5,610
Which important fact I should have mentioned... this is one ticket so question is what my final destination would be I guess
#1112
Moderator: British Airways Executive Club, Iberia Airlines, Airport Lounges and Environmentally Friendly Travel
Join Date: Jan 2003
Location: London, UK
Posts: 22,212
#1113
Join Date: Feb 2010
Location: London
Programs: BA GGL (for now) and Lifetime Gold, Marriott fan thanks to Bonvoy Moments
Posts: 5,115
could also ask for rerouting back on the delayed LHR flight..
Guessing you need the TPs or you could ask BA to refund as you will be so delayed reaching LGW.
#1115
Join Date: Dec 2016
Programs: BAEC GGL/CR; Hilton Diamond; Mucci des Puccis
Posts: 5,610
I’d keep an eye on the BA app - looks like 28 mins between arrival and departure now, so could be ok.
Don’t think there’s any EC261 beyond any duty of care for 2 hour delay - but covered by lounge access I think.
Would try to get seat as close to exit as possible and be primed to get off ASAP...
Don’t think there’s any EC261 beyond any duty of care for 2 hour delay - but covered by lounge access I think.
Would try to get seat as close to exit as possible and be primed to get off ASAP...
I did mention it in other conversations on the same subject. Just not, errr, here.
Trying to to decide whether to make it a trip in vain and using National Express to get to Gatwick. Or hold out for the EC261
#1116
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: 63,819
If so, you would need to travel to get the Article 7 compensation, if not you will get the refund instead. The train or NEX to LGW would be at your own expense as you would be a former customer. Your other option is to dig out your diary and rebook to another date, which may actually be the most cost effective option.
The above is as ever dependent on my understanding of the details, various other details could alter this advice.
#1117
Join Date: Dec 2016
Programs: BAEC GGL/CR; Hilton Diamond; Mucci des Puccis
Posts: 5,610
I’ve bailed, it would theoretically be possible to travel but Gatwick flights tomorrow are apparently full and I’d be stuck there. So I’ve settled for a refund and a National Express ticket as a goodwill gesture.
#1118
Join Date: Feb 2010
Location: London
Programs: BA GGL (for now) and Lifetime Gold, Marriott fan thanks to Bonvoy Moments
Posts: 5,115
Call yourself a FlyerTalker after taking the rational choice that involved less stress, less flying and (potentially) less money. Tsk, tsk
#1119
Join Date: Mar 2008
Location: East Anglia
Programs: BAEC Gold
Posts: 166
Hi - Submitted a claim on the 14th August after my inbound JTR flight was delayed by over 3 hours - not heard anything yet should I be chasing or is this time scale the norm?
#1120
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: 63,819
I think it would be reasonable to call or Tweet. Usually I would say one month, but you can probably appreciate why they are overloaded at the moment. At 8 weeks you can refer it to CEDR.
#1121
Join Date: Aug 2015
Posts: 159
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.
#1122
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: 63,819
Thanks for responding on this CWS. For clarity, JFK-LHR flight was cancelled only 24 hours before departure - i.e. after outbound travel had taken place. And I was re-ticketed all the way to NCL (JFK-BOS-LHR-NCL), but elected to abandon my trip at LHR. Don't know whether this changes your analysis at all!
#1123
Join Date: Feb 2005
Location: london
Programs: ba gold
Posts: 106
Customer services have announced they were able to send a replacement aircraft out to Madrid on the 10th. They also said the cancelled BA0457 and not the BA0465! I was the unlucky sod that had to overnight at theTryp!
"Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to cancel flight, BA0457 on 10 August 2019.I understand this is something you feel strongly about and I appreciate why you're unhappy with our previous replies.
I’ve had a final look at your claim for compensation and I’ve taken time to make sure our response is accurate and up-to-date. Based on this, our decision hasn’t changed and the responses you’ve received about the eligibility of your EU compensation claim are correct. Unfortunately, we were able to get a replacement aircraft out to Madrid as you would have liked.
As your flight was cancelled due to wind shear caused by the weather, and as weather is deemed beyond our control. This does mean we’re still unable to offer you EU compensation. I know you remain unhappy with this answer and I’m sorry to disappoint you.
We choose our hotels based on the fact they provide excellent standards and value for money. I'm sorry to hear that you were unable to sleep. We're very grateful you've taken the time to let us know what happened, as it’s only through your comments we’re able to focus on areas that need improving. We’ve sent the details of your complaint to our hotel supplier, who regularly visit the hotels we offer to make sure they meet our usual high standards. I know this doesn’t change your experience and I’m so sorry you’ve been let down.
Thanks again for getting in contact. I hope our decision won't stop you from choosing to fly with us. "
"Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to cancel flight, BA0457 on 10 August 2019.I understand this is something you feel strongly about and I appreciate why you're unhappy with our previous replies.
I’ve had a final look at your claim for compensation and I’ve taken time to make sure our response is accurate and up-to-date. Based on this, our decision hasn’t changed and the responses you’ve received about the eligibility of your EU compensation claim are correct. Unfortunately, we were able to get a replacement aircraft out to Madrid as you would have liked.
As your flight was cancelled due to wind shear caused by the weather, and as weather is deemed beyond our control. This does mean we’re still unable to offer you EU compensation. I know you remain unhappy with this answer and I’m sorry to disappoint you.
We choose our hotels based on the fact they provide excellent standards and value for money. I'm sorry to hear that you were unable to sleep. We're very grateful you've taken the time to let us know what happened, as it’s only through your comments we’re able to focus on areas that need improving. We’ve sent the details of your complaint to our hotel supplier, who regularly visit the hotels we offer to make sure they meet our usual high standards. I know this doesn’t change your experience and I’m so sorry you’ve been let down.
Thanks again for getting in contact. I hope our decision won't stop you from choosing to fly with us. "
Last edited by roughlad; Sep 23, 2019 at 2:49 am Reason: spelling
#1124
Ambassador: Emirates Airlines
Join Date: Sep 2004
Location: Manchester, UK
Posts: 18,618
"As your flight was cancelled due to wind shear caused by the weather, and as weather is deemed beyond our control."
Priceless....
Priceless....
#1125
Join Date: Dec 2016
Programs: BAEC GGL/CR; Hilton Diamond; Mucci des Puccis
Posts: 5,610
BA464/5 10/8 - Interesting that @megaloman noted that the go-around was not weather related, but due to a prior aircraft not having vacated the runway; and that the overspeed indication was caused by an incorrect flap configuration climbing out (under BA control, or at least you would hope it was). I don't know what the source of this information is but it would be worth putting the question directly to BA in one of the CEDR responses.
But anyway, there was no damage. The issue they encountered was they couldn't access the diagnostic information relating to the overspeed because of either a software defect or unfamiliarity with the process requiring Airbus assistance. Neither is an exceptional event as far as I can see, and as CWS has pointed out the aircraft was being tested and this sort of problem should have been anticipated. Once the diagnostic had been checked there was no issue, so in fact even if you accept this as a weather related go-around the weather provoked only a warning, the technical defect was in the diagnostic sub-system or BA's ability to use it (more likely, as the A350 is flown by many operators presumably without problems using the same diagnostics). Under normal circumstances this would have been a very rapid job.
And then we get to the main point which was there was plenty of time to put a contingency plan in place at the BA home base which could reasonably have involved a replacement aircraft (or more than one) or rebooking on other services. It's not a question here of what they did, but what it is reasonable to expect they might have done.
My CEDR response is due on Friday, I will of course publish it here.
But anyway, there was no damage. The issue they encountered was they couldn't access the diagnostic information relating to the overspeed because of either a software defect or unfamiliarity with the process requiring Airbus assistance. Neither is an exceptional event as far as I can see, and as CWS has pointed out the aircraft was being tested and this sort of problem should have been anticipated. Once the diagnostic had been checked there was no issue, so in fact even if you accept this as a weather related go-around the weather provoked only a warning, the technical defect was in the diagnostic sub-system or BA's ability to use it (more likely, as the A350 is flown by many operators presumably without problems using the same diagnostics). Under normal circumstances this would have been a very rapid job.
And then we get to the main point which was there was plenty of time to put a contingency plan in place at the BA home base which could reasonably have involved a replacement aircraft (or more than one) or rebooking on other services. It's not a question here of what they did, but what it is reasonable to expect they might have done.
My CEDR response is due on Friday, I will of course publish it here.