berliner91

corporate-wage-slave

I've seen your other post elsewhere. I think what happened here is that the dispatcher put down a code of OPEN which means operational and no compensation. It probably isn't correct. I would just go back and ask them to confirm this is their final position so that you can refer the matter to CEDR. A quick scan at the end of last year's thread will probably get you up to speed with the process.

47Aitken

This situation could have happened to me this week : inbound to LHR - 2 hours, had a through connection to GLA , was able to change the connection to a flight leaving in less than 50 minutes , this would get me home with no additional delay. Security was very busy and I thought that I was going to miss the flight , the next one was 3 hours further on, which would have got me home -5 hour.s. Assuming the original delay was allowable under EU261 : my question is would the airline have had to stand by a claim even though in my view the delay was mostly due to bad management at security

corporate-wage-slave

Probably not, if that was the sole cause (and it wasn't by the sounds of it), "security risks" are part of extraordinary circumstances' definition, and it's not under BA's control anyway. 50 minutes is do-able but below the MCT for T5 so if that alone was deemed as the reason for a claim it wouldn't go anywhere. I guess your argument would be that in the absence of slick security you were 5 hours late, which would be a reasonable argument, however I do know BA check if other passengers made connections so if other people were through faster than you this could be raised as reason for non payment.

want2goeverywhere

Has anyone ever had a situation where a delay caused by the airline probably led to them having further extraordinary delays?

I have checked bott&co online who claim the compensation could be claimed and also euclaim.co.uk who say it is extraordinary....

where can one access the "official" cause of delay?

simons1

Yes it can happen. A year or so ago there was a case of a flight to Abu Dhabi which was diverted to Frankfurt due to a technical issue and by the time it reached AD weather had closed in the airfield was closed and the flight was diverted to Muscat.

BA of course tried to duck out on grounds of exceptional circumstances, when it came to MCOL it was overturned on basis that if the flight had not been diverted it would have been able to land at AD and therefore the delay was BA's problem.

Virazuno

A quick question - this is not BA-specific, but this thread is by far the best EC261 resource anywhere on the planet!

What is the latest opinion/ruling on downgrade reimbursement and it's calculation?

My family flew SOU-AMS-DEL return with KL/9W, all on a single ticket. On the last flight (AMS-SOU), they were downgraded from J on KL, to Y on BE, due to a misconnect from a late incoming flight.

Reading post 5 of this thread and the 2016 EUCJ case, it seems that the only definite entitlement is to 30% of the pro-rata calculation for AMS-SOU only (not 75%, and not of the whole ticket price). Is that right? It seems like this particular part of EC261 is open to a lot of interpretation.

Thank you!

seagull88

Still awaiting to hear if BA wants to settle the small claims portion after the CEDR ruling in my wife's favour.

Separately not EU261 related BA charged me a Ł70 change fee within 24 hours of making an avois reward booking. They're claiming it was the fare difference but it was fully paid for with avios! The dishonesty of BA is actually appalling.

berliner91

corporate-wage-slave

Normally the captain would say something about this, and I guess you were on the aircraft too so you could make your own judgement. You could contact Berlin ATC to see what they say (seems rather long for them I have to say, maybe it was at the LHR end, in which case the takeoff and landing times would give you a clue). Alternatively you could move on to CEDR or MCOL if BA won't budge on the issue - BA then have to show their evidence. When delays on arrivals are just over 3 hours this isn't an unusual outcome, the problem is separating it all out. The timetables tend to allow for a bit of ATC delay anyway, so 20-30 minutes is kind of normal. This is why it's important to make a record of the timings on the day, and get the dispatch information (via this thread) within the first day or two.

berliner91

sunyafei

Hello - want to share my case with the forum.

I was on BA306 from CDG to LHR on Dec 30, with onward connection to BA295 to ORD. BA306 was delayed for about 1.5 hours due to mechanical problem (the captain said a motor on the wing needed to be replaced to blow out warm air during the flight to remove any ice on the wing. The captain was not sure why it took so long as he thought it would only take 10 minutes, but replacing the motor ended up taking almost 80 minutes). Due to the delay, I missed BA295, and BA rebooked me to BA297, which departs 3 hours 55 minutes later. It turned out that BA297 was further delayed for about an hour, because some passengers in economy class had some arguments and they needed to be de-planed. Final ORD arrival time was about 7:20pm, which was over 4 hours of my original scheduled arrival time of 2:55pm.

I submitted the compensation request of 600GBP online on Dec 30, and received the automated reply immediately. I have yet to receive any substantial reply from BA, although it's been over a week now. Should I follow up with BA? I tried to call their customer relations today but it seems they were closed even though it was before noon CST....a bit weird...

corporate-wage-slave

I'm afraid ATC delays are not eligible for EC261. It could become a more complex argument over time, maybe in a few years this will alter somewhat, but for now BA is able to remove ATC time from delays since they are not liable for that time.

corporate-wage-slave

If you don't have status I think you need to leave it a few weeks before you will hear anything. Customer Relations only opens for the UK afternoon time until 17 hrs London (or rather Newcastle) time, which is unfortunate to say the least, a DM via Twitter may speed things up, but there have only been a few working days since you submitted this so I would wait a little longer. It's 600€ not sterling, and it's possible that the offload time could be argued since if security was involved then that can come off the delay time. But best to submit only the basic details (just the original and actual arrive time frankly) and see what happens.

sunyafei

Thanks for the reply. Yeah I guess I will wait for a few more days / weeks...The website said customer relation hotline is open from 9am to 1pm EST so not sure why I couldn't reach it.

I didn't mention the detail about offloading passengers, just said 297 was further delayed and I arrived over 4 hours later than scheduled. We will see what happens...