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

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Old Jan 1, 2019, 2:39 am
FlyerTalk Forums Expert How-Tos and Guides
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.
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The 2019 BA compensation thread: Your guide to Regulation EC261/2004

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Old Jan 25, 2019, 7:50 am
  #106  
 
Join Date: Jul 2014
Location: Manchester, UK.
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Originally Posted by Schiehallion
I fear I've left this too late, but wondered if anyone was able to provide a reason for the cancellation of the BA0857 (PRG-LHR) on Wednesday 22nd please?
Proactive cancellations due to the weather. See LHR weather cancellations shorthaul - Tuesday 22 January 2019

EDIT: Also, see the three posts just before yours.
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Old Jan 25, 2019, 7:52 am
  #107  
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Originally Posted by Schiehallion
I fear I've left this too late, but wondered if anyone was able to provide a reason for the cancellation of the BA0857 (PRG-LHR) on Wednesday 22nd please?

Many thanks in advance,
~S
See the list in post 1 here LHR weather cancellations shorthaul - Tuesday 22 January 2019

It was a pro-active cancellation done on Monday in anticipating of the snow on Tuesday afternoon and evening.
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Old Jan 25, 2019, 3:29 pm
  #108  
 
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BA185 Canceled on Sunday 1/27. Any info on that one?

Many thanks!
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Old Jan 25, 2019, 5:48 pm
  #109  
 
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Originally Posted by OHKRT
BA185 Canceled on Sunday 1/27. Any info on that one?

Many thanks!
From expertflyer, BA lists this as Operational reasons not eligible for EC261

As it was due to be operated by a 787-900 I suspect this is due to the never ending saga of defective engines meaning BA does not have enough 787-900 currently.

If that is the case, I would urge you to read this whole thread and how many others have successfully claimed EC261 in this specific case despite BA fighting to CEDR. You can the use this for your own claim.
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Old Jan 28, 2019, 3:23 pm
  #110  
 
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We had a 3 hour delay that made us miss our connecting flight, arriving 6hr late to our final destination (NCL)
The reason for the delay was a bird strike on the incoming flight - are these these exceptional circumstances?
My understanding was that it is for the relevant flight but not those affected due to this (ie knock on effect)

Thanks!
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Old Jan 28, 2019, 3:24 pm
  #111  
 
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Something else - when do you go to the CEDR and when to, say, Bott&Co?
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Old Jan 28, 2019, 3:54 pm
  #112  
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Originally Posted by nat38
We had a 3 hour delay that made us miss our connecting flight, arriving 6hr late to our final destination (NCL)
The reason for the delay was a bird strike on the incoming flight - are these these exceptional circumstances?
My understanding was that it is for the relevant flight but not those affected due to this (ie knock on effect)

Thanks!
it would be helpful if you gave the route and flight numbers of the flight that was delayed by the bird strike.
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Old Jan 28, 2019, 5:00 pm
  #113  
 
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Originally Posted by nat38
Something else - when do you go to the CEDR and when to, say, Bott&Co?
CEDR vs MCOL would be a more interesting question!

Bott&Co - they do nothing that you cannot do better by yourself (with a bit of help from this forum )
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Old Jan 28, 2019, 5:12 pm
  #114  
 
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Originally Posted by UKtravelbear
it would be helpful if you gave the route and flight numbers of the flight that was delayed by the bird strike.
Oops sorry!
Flight KL686 from MEX to AMS on 7 Jan 2019 and then KL963 from AMS to NCL on 8 Jan,
The first leg was delayed for 3:30hs, and we were rebooked on KL965
The flight that suffered the bird strike was KL685 when leaving AMS
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Old Jan 28, 2019, 5:13 pm
  #115  
 
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Posts: 23
And just as I wrote that I realised that this is the BA section.....!
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Old Jan 28, 2019, 5:16 pm
  #116  
 
Join Date: Feb 2010
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Originally Posted by Takiteasy
Bott&Co - they do nothing that you cannot do better by yourself (with a bit of help from this forum )
That's great to know, thanks!


Originally Posted by Takiteasy
CEDR vs MCOL would be a more interesting question!


Ok then! ;-)
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Old Jan 29, 2019, 8:17 am
  #117  
 
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Got a reply today, about 12 days after I submitted my case, saying that BA had submitted their defence.
Havent had a chance to look at it yet, but is this standard procedure?

Does also mention I can add bits and that an adjudicator will take a look at things.
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Old Jan 29, 2019, 8:25 am
  #118  
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Originally Posted by xenole
Got a reply today, about 12 days after I submitted my case, saying that BA had submitted their defence.
Havent had a chance to look at it yet, but is this standard procedure?

Does also mention I can add bits and that an adjudicator will take a look at things.
Yes, this is standard procedure. If you think you have given all the relevant information and there is nothing in BA's defence which changes anything of significance, then you best reply ASAP saying something along the lines of "thank you, nothing more to add". Don't do nothing at all, since CEDR is waiting for some sort of reply.
corporate-wage-slave is online now  
Old Jan 29, 2019, 8:30 am
  #119  
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Originally Posted by nat38
..... when do you go to the CEDR and when to, say, Bott&Co?
If the case is complex and you really don’t want to get BA’s lovely correspondence, then go to Bott & Co. They’ll earn their fee and you’ll have avoided all that potential hassle.
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Old Jan 29, 2019, 8:35 am
  #120  
 
Join Date: Jun 2018
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Originally Posted by xenole
Got a reply today, about 12 days after I submitted my case, saying that BA had submitted their defence.
Havent had a chance to look at it yet, but is this standard procedure?

Does also mention I can add bits and that an adjudicator will take a look at things.
As already confirmed by CWS, it is standard procedure. In my recent cases I added the following comment at this stage:

We believe that cancellation less than 14 days before we were due to depart is down to a lack of planning and foresight on BA's part and they are using the engine issue as an excuse to avoid paying compensation which is due. As BA were aware of the issue in April 2018 then they could have taken reasonable steps to prevent the cancellation of BA281. This could have been done by utilising another aircraft (London Heathrow is the base for BA and not an outstation). Alternatively, as multiple aircraft were affected and this is an ongoing issue, they could have leased other aircraft to prevent cancellations, as they have done for other destinations affected by this and similar issues. However, if neither of the above options were not possible to BA then they had adequate notice to ensure that cancellation could have been made more than 14 days before we were due to depart. BA chose not to do this and as they had adequate notice of potential issues they did not do enough to comply with the applicable legislation and should still pay the appropriate compensation.

The Adjudicator ruled that BA must pay compensation 6 days after I submitted the additional text.
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