luvadealme

I wonder is there an easy way to see how BA logged the flight status: it was flight BA8491 LCY TXL on 19DEC2018 - what are the best tools to check?

EDIT: checked EUClaim and they siad no claim was possible.

These are the figs direct from BA:

Flight BA8491 from LCY to TXL.
Scheduled departure date and time: 19 December 2018 08:20 GMT
Actual departure date and time: 19 December 2018 11:18 GMT
Scheduled arrival date and time: 19 December 2018 10:00 GMT
Actual arrival date and time: 19 December 2018 13:00 GMT
Total delay: 180 minutes

and text 'can confirm your flight, BA8491, at 08:20(GMT) was delayed for 178 minutes before take off.' 'your claim for compensation under EU Regulation 261/2004 has been refused.'

Bottononline suggests it might be possible, but want me to commit.

Is the delay calculated on arrival time, or flight departure delay?

Any other tools to check?

UKtravelbear

Yes I would push back as others have already stated.

Under EU261 it is the time the doors are opened and passengers allowed to disembark that stops the clock not when a flight lands or arrives at the gate.

UKtravelbear

It is the difference between scheduled and actual arrival times (plus see my immediate last post about doors opening and disembarking being the time under EU261 that counts as the arrival time)

lorcancoyle

2 mins longer than scheduled gate to gate time would still need to meet definition of exceptional circumstances. They haven’t explained why 2 mins was exceptional so I’d hit them with this first and ask them on what basis this part of the delay is exceptional.

(if there were ATC or other issues that would be enough, so they may have a possible get-out)

mikeyfly

From August's MAD A350 cancellation

BA465 - CEDR applied on 01/10/2019

Swift turnaround and not a bad outcome

Albert130j

Luvadealme

Added: There could be two reasons for the claim of 'extraordinary circumstances', headwinds (which is simply not going to work) and ATC delay, which I'm dealing with by quoting recital 15 of EC261, below. I know that BA try it on by attempting to apportion short delays to ATC, but the recital is clear.

Have a look at recital 15 of EC261, which says "Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations."

Then ask BA how a 2 minute delay can be deemed to constitute extraordinary circumstances.

If they still persist with this approach, ask them for a deadlock email and initiate CEDR proceedings - it was CEDR who adjudicated in my favour over a delay of 10 mins due to ATC on departure, 23 mins enroute due to headwinds and 20 mins holding into London, which caused a misconnect. They dismissed the headwind delay as inherent in airline operations and decided that the 30 mins delay due to ATC was not extraordinary in the context of recital 15.

Good luck.

corporate-wage-slave

Just to welcome you, Albert130j, to the BA forum and to Flyertalk, thanks for taking part since without participation there would be nothing to see here. I very much we will see more of you in the future.

TTmex

Thanks to all for the useful information on this thread. I've filed a claim against Iberia for when there was an aircraft switch and ended up 3.5 hours late in to LGW. Reading online they say Iberia is notoriously difficult to get anything out, but I will deffo return to this forum for useful information.

Thank you

timharris

I was also on BA85 on 23 September, and received Ł268.45 compensation based on a 3-4 hour delay, so at the very least the handling of the claims has been inconsistent.

bisonrav

BA465 10/8 - received an offer of settlement via CEDR so looks like BA have finally folded.

ct4646

Thats good to hear. BA continued to stand their ground on BA465 10/8 and I received their final position notice last week. I logged the claim with the CEDR last week so hopefully I may hear soon

bisonrav

My case settled today is 581289 if you need that information. Same text as reported by mikeyfly a few messages up, including not admitting liability

Brainless69

hoping this this is the reason my original payout for 464 hasnt been paid yet. 28/10 will be the 20 day compliance date for them to pay me. Also nothing from the earlier approved 465 via BA customer service. So added a note to the CEDR claim stating this as well...

chil

Had a delay/rerouting back in May. The situation is tricky:
(1) AA operated BA ticketed flight ORD-BCN was delayed by ~2h
(2) I missed a connection in Barcelona (BCN-DME) operated by S7
(3) They re-routed me to a different airport in Moscow on SU (BCN-SVO). The total delay on arrival was 3h05min + the ground segment (~100km) that counts.

The entire ticket was issued by BA (DME-LHR-DFW-TUS TUS-ORD-BCN-DME) but there was in fact only one BA operated flight (DME-LHR).

Sent a request to AA back in June as they were the operating carrier. 100% ignored -- no response, no compensation.
Sent a request to BA about a week ago. No answer so far. Should I go to one of the Internet law firms (flightdelayed etc.) or is it better to wait?

alex67500

They're a US carrier (or more specifically for the explanation, not an EU airline) so they're not liable on an inbound TATL sadly so I doubt there's a claim there. Plus the destination is not EU either which probably doesn't help.