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

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

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Old Nov 20, 19, 7:03 am   -   Wikipost
Please read: This is a community-maintained wiki post containing the most important information from this thread. You may edit the Wiki once you have been on FT for 90 days and have made 90 posts.
 
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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Old Sep 30, 19, 11:37 am
  #1186  
 
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Originally Posted by corporate-wage-slave View Post
If someone was being taken off the aircraft before departure it would often be via the rear entrance so that they can be put straight on to an ambulance, but usually there would be paramedics coming in from door 1 before that. So either they mean this happened in BCN or somehow your girlfriend didn't notice it. Or BA has got the wrong date / flight by mistake.

You can proceed via CEDR if you get your facts lined up, at which point BA would give their evidence for the extraordinary circumstances. In that respect note the case recently above for BA464 - it's not enough to be extraordinary, it's also about all reasonable measures. You can ask BA whether they can confirm their answer will not change, in order to allow an immediate referral to CEDR. You can't now liaise with the CAA if the CEDR process is open to you, and yes you could try DGAC instead, but I don't have much knowledge about how this would work in this case.
Originally Posted by bisonrav View Post
Probable the medical emergency was on BA407?
Thanks for your input, let's see what they will answer. The fact the turnaround time in LHR was 60 min only (so not extraordinary that they can say the delay greater than 3 hours was due to this) makes me wonder if the medical emergency they mention was on previous flight. But from what I can read in the first post of this thread, knock-on effects would not consitute an extraordinary circumstance. Is that still valid ? The pilot stated on the PA the delay was because of limited ground staff in BCN, and did not say anything about medical emergency, so if he was unaware, then I guess this could have happened on the previous flight (if at all...)
If the medical emergency would have occured on the previous flight, would that be a good reason to deny responsability for compensation ?
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Old Sep 30, 19, 11:55 am
  #1187  
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Originally Posted by palmanfr View Post
Thanks for your input, let's see what they will answer. The fact the turnaround time in LHR was 60 min only (so not extraordinary that they can say the delay greater than 3 hours was due to this) makes me wonder if the medical emergency they mention was on previous flight. But from what I can read in the first post of this thread, knock-on effects would not consitute an extraordinary circumstance. Is that still valid ? The pilot stated on the PA the delay was because of limited ground staff in BCN, and did not say anything about medical emergency, so if he was unaware, then I guess this could have happened on the previous flight (if at all...)
If the medical emergency would have occured on the previous flight, would that be a good reason to deny responsability for compensation ?
If it happened on a previous flight then yes I would expect BA to rustle up an alternative aircraft. It is also true that the flight deck can sometimes be a bit coy about medical emergencies. Apart from the need to respect privacy, there is also the fact that it really doesn't help nervous flyers to relax. Still, you should go with what you heard and know, and say this is what we believed to be the background to the delay, it's actually BA's job to prove that the circumstances were extraordinary and unavoidable. You don't seem to have much to lose, so I would proceed to CEDR as soon as you can.
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Old Sep 30, 19, 3:16 pm
  #1188  
 
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Now that I read again the email my girlfriend received, it is slightly different than the one her mom received (the one I copied/pasted earlier). They acknowledge the medical emergency was on the previous flight. I don't know if the reason mentioned by the captain of their flight was the main cause for the delay or not then...
This is the reply my gf received :

Dear Mrs xxx

Thanks for contacting us about your claim for EU compensation and I do apologise for the late response. We're sorry it was necessary to delay your flight to Lyon on 22 September. Your claim's been refused because BA0364 was delayed because
there was a medical emergency on board the previous flight and a passenger had to be offloaded. This meant your flight had to be delayed and I'm very sorry for the inconvenience caused.

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 delay/cancellation was out of our control and caused unforeseen disruption to our schedule.

Thanks again for following this up with us. Please feel free to contact us if we can help you any further and I hope we have the chance to welcome you and your mother on board again soon.

Best regards
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Old Oct 1, 19, 12:50 am
  #1189  
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Originally Posted by corporate-wage-slave View Post
A month is the usual advice in this thread. It may be stretched out a bit give the several days of disruption in late July and early August.
I experienced a 3+ hour delay on a LHR-BOS flight on 6 August due to a mechanical problem and filed my claim on 19 August. On 30 August, I received what I'm sure was an automated email indicating that they haven't forgotten about my case but that they are experiencing a high volume of claims. I have not heard anything in the 30+ days since. I have just now submitted a follow-up inquiry on ba.com. Anything further I should be doing?
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Old Oct 1, 19, 1:00 am
  #1190  
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Originally Posted by Blumie View Post
I experienced a 3+ hour delay on a LHR-BOS flight on 6 August due to a mechanical problem and filed my claim on 19 August. On 30 August, I received what I'm sure was an automated email indicating that they haven't forgotten about my case but that they are experiencing a high volume of claims. I have not heard anything in the 30+ days since. I have just now submitted a follow-up inquiry on ba.com. Anything further I should be doing?
As shown by some recent posts, your other option is to call BA Customer Relations during the UK afternoon. And / or at 8 weeks to launch a CEDR complaint.
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Old Oct 1, 19, 1:31 am
  #1191  
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Originally Posted by corporate-wage-slave View Post
As shown by some recent posts, your other option is to call BA Customer Relations during the UK afternoon. And / or at 8 weeks to launch a CEDR complaint.
Thanks. As I indicated above, I submitted an inquiry about the status of my claim on ba.com just before posting here. Within 40 minutes I received a response indicating that my claim has been approved and that $333.92 will be transferred into my account. Coincidence or did they really respond to my follow-up request that quickly?!?!
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Old Oct 1, 19, 2:20 am
  #1192  
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BA have refused my BA464 10/8 claim again even though I pointed out the CEDR decision.
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Old Oct 1, 19, 2:23 am
  #1193  
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Originally Posted by florens View Post
BA have refused my BA465 10/8 claim again even though I pointed out the CEDR decision.
I think in a big organisation it normally takes a few days for things like that to sink in or get passed around (hence the wording I used a few posts above, post 1177). So in the absence of a better outcome from BA, you best pursue the CEDR route.
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Old Oct 1, 19, 2:33 am
  #1194  
 
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Many thanks for the welcome Corporate-wage-slave. I will wait a few days and see if BA will reconsider their position if not I will take your advise and raise a claim with the CEDR with the details and findings quoted in the previous post.
Hopefully this will eventually work out well in the end
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Old Oct 1, 19, 6:55 am
  #1195  
 
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Hi team!

My claim for a cancelled BA281 on 27th August has been denied because of engine problems and a Rolls Royce directive.

Is this the same directive as covered in the 2018 thread and linked in the wiki, or is this something new and specific for this date that does count as extraordinary circumstances that couldn't be mitigated?

Thanks!
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Old Oct 1, 19, 9:23 am
  #1196  
 
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Advice needed

BA0193 cancelled 13/9/19 booked in First by BA Holidays
rebooked by BA Holidays onto BA0193 14/9/19 in ClubWorld
BA awarded cancellation compensation + ORC.
BUT claim no downgrade compensation payable only refund of fare difference as we were not actually downgraded on the rebooking but travelled in the class re-booked.

Anybody had experience of this?
Are they correct or should I take it to CEDR?

Last edited by killaypirate; Oct 1, 19 at 9:25 am Reason: Extra question added
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Old Oct 1, 19, 11:59 am
  #1197  
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Originally Posted by FlyingGames View Post
My claim for a cancelled BA281 on 27th August has been denied because of engine problems and a Rolls Royce directive.

Is this the same directive as covered in the 2018 thread and linked in the wiki, or is this something new and specific for this date that does count as extraordinary circumstances that couldn't be mitigated?
Well researched, yes it's exactly the same issue. BA simply believes it is extraordinary, CEDR and MCOL disagree. Follow those 2018 cases and stress it may be extraordinary but there is a heap of things BA could have done about it given they were sitting on the problem for months.
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Old Oct 1, 19, 12:03 pm
  #1198  
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Originally Posted by killaypirate View Post
BA0193 cancelled 13/9/19 booked in First by BA Holidays
rebooked by BA Holidays onto BA0193 14/9/19 in ClubWorld
BA awarded cancellation compensation + ORC.
BUT claim no downgrade compensation payable only refund of fare difference as we were not actually downgraded on the rebooking but travelled in the class re-booked.

Anybody had experience of this?
Are they correct or should I take it to CEDR?
From a recent experience of downgrade mentioned up thread, I'm currently inclined to go MCOL, but if you were given less than 2 weeks notice then CEDR is perhaps OK. Note there is no compensation for downgrade, merely a reimbursement formula known as Mennens, linked in the WIki. If what you got was close to that calculation - or close enough - then it's not worth bothering with it. The BA Holidays component makes this very difficult to calculate, so what you may need to do is construct a revenue flight only comparison based, as a desktop exercise, and see if the refund is close to Mennens.
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Old Oct 1, 19, 9:05 pm
  #1199  
 
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After more than 60 days with no word, would you recommend CEDR? I've followed up with Twitter DMs twice and they are obviously overloaded due to recent events...
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Old Oct 2, 19, 1:42 am
  #1200  
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Originally Posted by chongl View Post
After more than 60 days with no word, would you recommend CEDR? I've followed up with Twitter DMs twice and they are obviously overloaded due to recent events...
Yes - after 8 weeks you can go ahead with the CEDR.
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