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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
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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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Old Oct 14, 19, 8:04 am
  #1306  
 
Join Date: Oct 2019
Posts: 1
hello! I'm fairly new and have never claimed a compensation so I was wondering if in this case it's worth claiming one.
I was booked on BA12 SIN to LHR on 9.10.2019. Scheduled arrival at 5:50am, connecting flight BA964 departing at 7:10am and arrival time 9:45am in HAM.
BA12 arrived late so I was automatically rebooked onto BA964, departing 10:40 and arriving at 13:20pm in HAM.
This leaves me with a total delay of 3:30h which I think leads to a compensation of 300€?
But the thing is, I don't know what caused the delay, since I was sleeping and didn't pay attention to the PA very much. When arriving at the airport I was immediately given my new Boarding pass.

Is there any way to find out what caused the delay? Thank you!
tzippy84 is offline  
Old Oct 14, 19, 8:39 am
  #1307  
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Originally Posted by tzippy84 View Post
But the thing is, I don't know what caused the delay, since I was sleeping and didn't pay attention to the PA very much. When arriving at the airport I was immediately given my new Boarding pass.
It's too late for us to find that out now, if you ask here within a day or so of the delay we may be able to get the information, but at this stage it get's too difficult to find out.

However that should not stop you from claiming, the only issue will be that if BA gives you a reason which sounds plausible, you won't find it easy to push back on it, unless it is transparently incorrect. Formally it is BA's responsibility to prove (e.g.) extraordinary circumstances, not for you to disprove it.

Welcome to Flyertalk and welcome to the BA forum tzippy84, if nothing else your participation in this forum will put you in a better place if this ever happens again but nevertheless you should at least put in a claim even at this stage of the process. Welcome to the board.
corporate-wage-slave is offline  
Old Oct 14, 19, 11:13 am
  #1308  
 
Join Date: Jan 2003
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Originally Posted by timharris View Post
I was on that flight as well. There was a delay to boarding (I sat down around 1745 compared with an original departure time of 1720). I do not recall what that was attributed to.

After that, the subsequent 3hr+ prior to take off was attributed to investigating an unusual indication from one of the doors, and subsequent checks and refuelling.
I was on BA0085 LHR-YVR on 23 September. I submitted an EU 261 compensation claim and received the response below from BA:

"I’ve checked the details of your flight and can confirm your flight, BA0085, at
16:20 GMT was delayed for 216 minutes. I’ve included the details below for your reference.

Flight BA0085 from LHR to YVR
Scheduled departure date and time: 23 September 2019 16:20 GMT
Actual departure date and time: 23 September 2019 20:04 GMT
Scheduled arrival date and time: 24 September 2019 01:55 GMT
Actual arrival date and time: 24 September 2019 05:31 GMT
Total delay: 216 minutes.

I have looked into the reasons on why your flight was delayed and I can see that the flight was delayed for a total of 216 minutes. Unfortunately, 54 of these minutes were due to airport security staff issues which we're not responsible for. The remaining 170 minutes of your delay were due to technical issues on the aircraft. We're liable to pay for this type of delay, but as this is under 180 minutes, your claim for compensation under EU Regulation 261/2004 has been refused."

There was no announcement made that the boarding delay was due to "airport security staff issues". The passenger with whom I was travelling can corroborate this. Our recollection is that the announcement at the gate gave the reason as the "late arrival of the aircraft to the stand". And even if "airport security staff issues" was the reason, it seems to me that would not be an "extraordinary circumstance". BA deals with airport security matters on a round-the-clock basis.

My research so far has not turned up anything on the status of "airport security staff issues" as an extraordinary circumstance that entitles to BA to refrain from paying compensation. Do any of the sages here have any insight they might be able to share on this point.

Many thanks in advance.
Chalkie is offline  
Old Oct 14, 19, 1:18 pm
  #1309  
 
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Originally Posted by Chalkie View Post
I was on BA0085 LHR-YVR on 23 September. I submitted an EU 261 compensation claim and received the response below from BA:


"I’ve checked the details of your flight and can confirm your flight, BA0085, at
16:20 GMT was delayed for 216 minutes. I’ve included the details below for your reference.

Flight BA0085 from LHR to YVR
Scheduled departure date and time: 23 September 2019 16:20 GMT
Actual departure date and time: 23 September 2019 20:04 GMT
Scheduled arrival date and time: 24 September 2019 01:55 GMT
Actual arrival date and time: 24 September 2019 05:31 GMT
Total delay: 216 minutes.

I have looked into the reasons on why your flight was delayed and I can see that the flight was delayed for a total of 216 minutes. Unfortunately, 54 of these minutes were due to airport security staff issues which we're not responsible for. The remaining 170 minutes of your delay were due to technical issues on the aircraft. We're liable to pay for this type of delay, but as this is under 180 minutes, your claim for compensation under EU Regulation 261/2004 has been refused."

There was no announcement made that the boarding delay was due to "airport security staff issues". The passenger with whom I was travelling can corroborate this. Our recollection is that the announcement at the gate gave the reason as the "late arrival of the aircraft to the stand". And even if "airport security staff issues" was the reason, it seems to me that would not be an "extraordinary circumstance". BA deals with airport security matters on a round-the-clock basis.

My research so far has not turned up anything on the status of "airport security staff issues" as an extraordinary circumstance that entitles to BA to refrain from paying compensation. Do any of the sages here have any insight they might be able to share on this point.

Many thanks in advance.
I'd ask them which came first; if the plane was faulty first, then the delay from the tech issue meant you hit security problems, BA is at fault. If they don't budge, get a deadlock letter and take it to CEDR.
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Old Oct 14, 19, 1:52 pm
  #1310  
 
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Originally Posted by armouredant View Post
I'd ask them which came first; if the plane was faulty first, then the delay from the tech issue meant you hit security problems, BA is at fault. If they don't budge, get a deadlock letter and take it to CEDR.
plus they haven’t given any evidence of what reasonable actions they took. I won a case against Iberia on those grounds - judge said needing to offload baggage for security reasons was exceptional, but not enough done to do it quickly etc.
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Old Oct 14, 19, 3:49 pm
  #1311  
 
Join Date: Jan 2019
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Notice of Cancellation in error.

I was travelling VCE-LGW, when I received a text message from BA, advising me my flight had been cancelled, and I had been rebooked onto a service the following morning.

I contacted BA, but was put on hold for a long time. Having been advised my flight was cancelled, I booked a hotel for the night and proceeded to the hotel, instead of the airport. Once at the hotel, I received another email and text message, advising me my flight was NOT cancelled and the initial text message was sent to me in error.

At this point it was too late for me to head to the airport in time to catch the flight home, which of course I would have preferred instead of spending an extra night.

I made a claim for my expenses and EU compensation of course, as I deemed my flight to be cancelled as per text. I received an email from customer relations today advising me they would pay me for my hotel expenses etc, and a DENIED BOARDING compensation of £178.97.

Clearly I was not denied boarding, rather it was BA's error in sending out the text message and email telling me my flight was cancelled which I then acted upon and secure a hotel. I considered the flight cancelled, and feel I should be paid the EU compensation as such, however slight.

Anyone have a similar experience, or advise on what further action I could take before calling BA?


TEXT MESSAGE:

We are very sorry to advise that your flight BA2589 24Sep VCE-LGW is cancelled You are rebooked on BA599 25Sep VCE 0750 LHR 0915 Accept flight on ba.com/mmb Ref: ****** Or call 0800727800 GB or call +44 2032500145. Travelling to or from a different point may incur additional expenses BA will not cover.

Last edited by Prospero; Oct 15, 19 at 1:17 am Reason: Remove PNR no (privacy protection)
Sam Swps is offline  
Old Oct 14, 19, 4:41 pm
  #1312  
 
Join Date: Oct 2019
Posts: 1
Hello

Im looking for some help around where I stand (if anywhere lol) with a flight BA cancelled on me today (14th October), the flight was from the US back to London.

The cancelled flight is the first leg of the return on a multicity booking, that particular flight is on 28th October - so in 14 days - online im seeing many different sites (including airline sites) say different things about the notice period of cancellation - some say compensation applies when the notice given is "14 days or less" others say it doesnt apply when the notice is "14 days or more" or when "more than 14 days notice". So im confused as to whether the actual 14th day notification qualifies for compensation or not and indeed if it the first flight of a multicity return it counts that flight or the first flight of the overall multicity as the notification trigger as it may lead to me cancelling the whole thing.

The BA text didnt rebook me, it just told me to ring, eventually got through and they offered a flight from another airport in the city (said id need to cover my own costs to get to it) or then a much later flight from the same airport but that gives me a real problem the next day as im supposed to be at work and id get back 3/4 hrs late as id miss the connection in London. If i happen to qualify around this 14 day thing im keen not to get caught out by rejecting the first offer of the departure from a different airport (even though id have expected BA to cover my costs getting to it as its not exactly close)

Any advice appreciated
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Old Oct 14, 19, 5:10 pm
  #1313  
 
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Originally Posted by armouredant View Post
I'd ask them which came first; if the plane was faulty first, then the delay from the tech issue meant you hit security problems, BA is at fault. If they don't budge, get a deadlock letter and take it to CEDR.
Many thanks.
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Old Oct 14, 19, 5:43 pm
  #1314  
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Originally Posted by Sam Swps View Post
Once at the hotel, I received another email and text message, advising me my flight was NOT cancelled and the initial text message was sent to me in error.
Someone else had exactly the same problem, they too were too far into the cancellation from NCE when it was reversed.

It's not something that happens often, but nevertheless you did get a cancellation message, and acted on it in line with the message. So rather than call, I would submit a claim for the flight cancellation and hotel bill. I would just send a fairly short / terse set of sentences in the webform, stating at the end that this appeared to have been done in error since the flight did in the end operate.
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Old Oct 14, 19, 10:58 pm
  #1315  
 
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Originally Posted by Sam Swps View Post
I made a claim for my expenses and EU compensation of course, as I deemed my flight to be cancelled as per text. I received an email from customer relations today advising me they would pay me for my hotel expenses etc, and a DENIED BOARDING compensation of £178.97.
I thought denied boarding and cancellation compensation was the same at €250, looks like they’ve given you €200. I wouldn’t worry too much about which way they describe it
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Old Oct 15, 19, 2:30 am
  #1316  
 
Join Date: Oct 2019
Posts: 4
Originally Posted by corporate-wage-slave
Yes, it gets kind of complex at this point. If a flight is cancelled at short notice, then they are entitled to minimise their losses in the way that they did. But there is a case for arguing that they couldn't avoid paying at least that minimum payment (unless of course there was also an alternative routing available that conformed to the relevant timescales for both departure and arrival). So you may be in a position to argue this to CEDR, but there isn't enough information here to be sure of that. If the one and only offer was still payable for 300€ then subject to the details you may have an argument. Put this another way, had you cancelled your booking in the light of that offer, got the refund, flown with another airline, you would be entitled to the compensation.
Originally Posted by Maximumbob View Post
It appears to me that if BA only have to pay compensation for the first alternate flight offered (after a cancellation) then there could be an incentive for BA to offer undesirable flights in the knowledge that a number of passengers will ask for an alternate and thus not be eligible for compensation.
Anyway I'll give CEDR a go...nothing to lose.
So a quick update..I called BA CS again this morning and asked that they have another look and the lady I spoke said she couldn't see why we were refused compensation. So the decision was reversed and we will receive compensation. Thanks for taking the time to reply to my original question.
You guys probably all know but...I got through to BA CS both times straight to an operator by dialing their number at around 20 second to 9am.
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Old Oct 15, 19, 3:30 am
  #1317  
 
Join Date: Sep 2018
Posts: 81
Hi all,

Help requested! I just got refused compensation, quoted below:

Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to cancel your flight to London Gatwick on 23 September. Your claim's been refused because BA2611 on 23 September was delayed because of adverse weather conditions around Naples. Your aircraft unfortunately flew into excessive turbulence whilst on approach to Naples. This led to some damage and as a safety precaution a full engineering inspection had to take place.

Would appreciate if anyone can advise if they can wriggle out of 400 euro compensation on this.
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Old Oct 15, 19, 6:17 am
  #1318  
 
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Originally Posted by redflyer24 View Post
Hi all,

Help requested! I just got refused compensation, quoted below:

Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to cancel your flight to London Gatwick on 23 September. Your claim's been refused because BA2611 on 23 September was delayed because of adverse weather conditions around Naples. Your aircraft unfortunately flew into excessive turbulence whilst on approach to Naples. This led to some damage and as a safety precaution a full engineering inspection had to take place.

Would appreciate if anyone can advise if they can wriggle out of 400 euro compensation on this.
Weather is considered outside of the airlines' control. Not sure if there are any places you can check to see if BA are wrong, but unless you can prove they are, your claim is very unlikely to succeed.
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Old Oct 15, 19, 7:38 am
  #1319  
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Originally Posted by redflyer24 View Post
Would appreciate if anyone can advise if they can wriggle out of 400 euro compensation on this.
Yes, meterological conditions can be used to not pay Article 7 Compensation. Did this reply from BA reflect what you were told by the flight deck just before departure? If so, then I can't see you getting compensation.
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Old Oct 15, 19, 8:00 am
  #1320  
 
Join Date: Sep 2018
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Originally Posted by corporate-wage-slave View Post
Yes, meterological conditions can be used to not pay Article 7 Compensation. Did this reply from BA reflect what you were told by the flight deck just before departure? If so, then I can't see you getting compensation.
Neither flight deck or any staff once mentioned that the aircraft experienced heavy turbulence on the inbound flight which required the overnight maintenance.

We were told that the aircraft systems were not functioning correctly and required a reset/checks which could take all night.
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