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

Old Jan 1, 2019, 2:39 am
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The 2019 BA compensation thread: Your guide to Regulation EC261/2004

Old Mar 11, 2019, 2:38 am
  #226  
 
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florence - LCY diversion question

A quick question to check I have this right before submitting my claim on BA website. I was on the FLR(Florence)-LCY flight last night which was meant to arrive at 21.10. It left 1hr45 late and although they didn't say so until near landing clearly no chance of landing at LCY. So we diverted to Stanstead. We arrived 23.25 by the time steps were at the aircraft and doors open.

We were given a letter stating we could await transport arranged by their groundstaff or make out own way. Groundstaff were scarce but suggested that making own way would be the way to go as no busses arranged at that point. So I got an uber which was under the £50 outlined in the letter.

​​​​​​it clearly took more than 50 minutes to get off the plane, clear immigration and taxi back to City of London and thus I see this as more than a 3hr delay. So in my mind I can claim compensation and for the uber is this correct?

I should add at the start of the flight the captain announced the reason for delay was a tech aircraft which was also the reason I lost my extra legroom seat as it was a different config.

Thanks in advance
​​
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Old Mar 11, 2019, 3:21 am
  #227  
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Originally Posted by UKTraveller4Fun
A quick question to check I have this right before submitting my claim on BA website. I was on the FLR(Florence)-LCY flight last night which was meant to arrive at 21.10. It left 1hr45 late and although they didn't say so until near landing clearly no chance of landing at LCY. So we diverted to Stanstead. We arrived 23.25 by the time steps were at the aircraft and doors open.

We were given a letter stating we could await transport arranged by their groundstaff or make out own way. Groundstaff were scarce but suggested that making own way would be the way to go as no busses arranged at that point. So I got an uber which was under the £50 outlined in the letter.

​​​​​​it clearly took more than 50 minutes to get off the plane, clear immigration and taxi back to City of London and thus I see this as more than a 3hr delay. So in my mind I can claim compensation and for the uber is this correct?...
​​
No compensation, but claim for the Uber.
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Old Mar 11, 2019, 3:27 am
  #228  
 
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Originally Posted by richardwft


No compensation, but claim for the Uber.
Why no compensation as it was a technical issue and landed at the wrong airport that their own handout stated would take more than an hour to get to and we landed there over 2hr10 minutes late! Is BA's only requirement to get me to London not my actual booked airport within 3 hours?

I am amazed they can delay passengers by a total of more than 3 hours be escape delay.
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Old Mar 11, 2019, 3:39 am
  #229  
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Originally Posted by UKTraveller4Fun
Why no compensation as it was a technical issue and landed at the wrong airport that their own handout stated would take more than an hour to get to and we landed there over 2hr10 minutes late! Is BA's only requirement to get me to London not my actual booked airport within 3 hours?

I am amazed they can delay passengers by a total of more than 3 hours be escape delay.
I'd be claiming for it. And then going CEDR / MCOL when BA refuse.
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Old Mar 11, 2019, 4:08 am
  #230  
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Originally Posted by UKTraveller4Fun
.... Is BA's only requirement to get me to London not my actual booked airport within 3 hours?...
My guess is that’ll be their defence.
C-w-s may have further comments on this situation.
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Old Mar 11, 2019, 4:57 am
  #231  
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Originally Posted by UKTraveller4Fun
​​​​​​it clearly took more than 50 minutes to get off the plane, clear immigration and taxi back to City of London and thus I see this as more than a 3hr delay. So in my mind I can claim compensation and for the uber is this correct?​​
Here are the dispatch details

DOBA3280/10MAR
* OPERATIONAL FLIGHT INFO * BA3280 -1 SU 10MAR19
CITY INFO HOUR (LOCAL)

FLR ESTIMATED TIME OF DEPARTURE 2140
DELAY ZO
LEFT THE GATE 2144
TOOK OFF 2154
ESTIMATED TIME OF ARRIVAL 2257 LCY
*1A PLANNED FLIGHT INFO* BA3280 -1 SU 10MAR19 ASM
APT ARR DY DEP DY CLASS/MEAL EQP GRND EFT TTL
FLR 2000 SU JCDRI/M YB/S E90 2:10
HKMLVNOQSGX/S
LCY 2110 SU 2:10
COMMENTS-
1.FLR LCY - AIRCRAFT OWNER BA CITYFLYER
2.FLR LCY - COCKPIT CREW BA CITYFLYER
3.FLR LCY - CABIN CREW BA CITYFLYER
4.FLR LCY - OPERATED BY BA CITYFLYER
5.FLR LCY - 9/ NON-SMOKING
6.FLR LCY - ET/ ELECTRONIC TKT CANDIDATE
7.FLR LCY - CO2/PAX* 161.15 KG ECO, 161.15 KG PRE
(*):SOURCE:ICAO CARBON EMISSIONS CALCULATOR
CONFIGURATION-
E90 C 22 M 76

So a LCY arrival of 21:10 hrs became a STN arrival of 23:08, and I suppose it's a 40 minute taxi between the two airports. Personally I don't think this is going anywhere in terms of compensation, just Right to Care, and presumably since the taxi was to the OPs home rather than LCY there was some upside to that. The slowness to doors open runs it close, so maybe the OP could give it a go, but this is not the most robust case I've seen in this thread.
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Old Mar 11, 2019, 5:07 am
  #232  
 
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Originally Posted by corporate-wage-slave
Here are the dispatch details

DOBA3280/10MAR
* OPERATIONAL FLIGHT INFO * BA3280 -1 SU 10MAR19
CITY INFO HOUR (LOCAL)

FLR ESTIMATED TIME OF DEPARTURE 2140
DELAY ZO
LEFT THE GATE 2144
TOOK OFF 2154
ESTIMATED TIME OF ARRIVAL 2257 LCY
*1A PLANNED FLIGHT INFO* BA3280 -1 SU 10MAR19 ASM
APT ARR DY DEP DY CLASS/MEAL EQP GRND EFT TTL
FLR 2000 SU JCDRI/M YB/S E90 2:10
HKMLVNOQSGX/S
LCY 2110 SU 2:10
COMMENTS-
1.FLR LCY - AIRCRAFT OWNER BA CITYFLYER
2.FLR LCY - COCKPIT CREW BA CITYFLYER
3.FLR LCY - CABIN CREW BA CITYFLYER
4.FLR LCY - OPERATED BY BA CITYFLYER
5.FLR LCY - 9/ NON-SMOKING
6.FLR LCY - ET/ ELECTRONIC TKT CANDIDATE
7.FLR LCY - CO2/PAX* 161.15 KG ECO, 161.15 KG PRE
(*):SOURCE:ICAO CARBON EMISSIONS CALCULATOR
CONFIGURATION-
E90 C 22 M 76

So a LCY arrival of 21:10 hrs became a STN arrival of 23:08, and I suppose it's a 40 minute taxi between the two airports. Personally I don't think this is going anywhere in terms of compensation, just Right to Care, and presumably since the taxi was to the OPs home rather than LCY there was some upside to that.
Thanks for the extra information, it should be added that doors did not open until nearer 23:25 as there were no stairs available, I felt sorry for people with bags as captain advised they wuld have a 40 minute wait due to the issues of being diverted. Also the taxi to a hotel just by London City took 51 minutes.

I also consider the fact it was 23:50 by the time we exited stansted to get in a taxi due to the train to the temrinal building and immegration. I realise I have to clear immegration at LCY but, I do not see how it would be possible to get to LCY before 00:10 (3 hour delay) from doors opening at 23:25. I realise its not clear cut and as such BA will probably argue it but I will give it a go as I just dont see why getting me to the wrong part of London and no way to get to where I paid to be in under 3 hours is acceptable.


On a side note the delay was handled badly at FLR, at 8.20pm boards still showed a 9pm departure, despite the inbound plane being nowheer near at that point! The CE service was the worst I have experienced (serve yourself drinks basically) but I assume they were a crew member down as only 2 cabin crew on the flight, but thats another story!
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Old Mar 11, 2019, 5:24 am
  #233  
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Originally Posted by UKTraveller4Fun
On a side note the delay was handled badly at FLR, at 8.20pm boards still showed a 9pm departure, despite the inbound plane being nowheer near at that point! The CE service was the worst I have experienced (serve yourself drinks basically) but I assume they were a crew member down as only 2 cabin crew on the flight, but thats another story!
Unless there was a training process on, there usually is only 2 crew on BACF services. That usually works fine with one crew dedicated to CE, but it can be the case that about a third of the way through the flight the CE cabin is not attended while both cabin crew serve the ET cabin. Evening flights from FLR are, I imagine, hard work for the cabin crew.
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Old Mar 11, 2019, 5:27 am
  #234  
 
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I'm currently in the Sofitel in Heathrow, when I should have been in Philadelphia since last night. My incoming flight from Dublin was delayed yesterday by an hour and three quarters, which meant I missed the connecting flight to Philadelphia. Apart from a crazy one hour wait in line at Flight Connections (where I honestly think I'd have been better off in the economy line rather than the first/club line), BA have looked after me well, sending me to the Sofitel instead of the Holiday Inn up the road and rebooking me on the equivalent flight to Philadelphia today. I can almost guarantee they will seek to avoid compensation due to weather delays, though.

However, I think the problem actually started at the beginning of the day. G-EUXG was an hour late leaving Venice as BA599, with no particular reason given, despite it being its first flight of the day, having landed in Venice on time the night before. It landed at Heathrow an hour late and then took off for Dublin as BA834, again arriving an hour late. Reasons given were DELAY ZY and ZO. However, an extra delay in Dublin meant it arrived an hour and three quarters late as BA835 with DELAY ZY, before rounding out its day with one hour delays as BA1454 and BA1463. Just my luck to be on the only one that was delayed by more than an hour that day!

If it hadn't started late, though, it may well have operated to schedule, or at least close enough that I would not have missed my connecting flight. As it was, BA67 was delayed a little yesterday, so there was a good chance I would have made it, even with only an hour's delay on the incoming BA835.

Does anyone have any thoughts on the reasonableness of this argument when I inevitably reach CEDR? Thanks for your help.
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Old Mar 11, 2019, 5:42 am
  #235  
 
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Originally Posted by corporate-wage-slave
Unless there was a training process on, there usually is only 2 crew on BACF services. That usually works fine with one crew dedicated to CE, but it can be the case that about a third of the way through the flight the CE cabin is not attended while both cabin crew serve the ET cabin. Evening flights from FLR are, I imagine, hard work for the cabin crew.
Thanks for that extra information, it was just the chaos of it, CE was busy 18 pax I think but food was out quickly but no drinks offered (even water) until 6 passangers demanded it as when anyone asked they were told they had to wait until all food was served. This despite being kicked out of the lounge when it should then waiting at the gate for an hour. Bread never appeared, go warmed but crew forgot to serve it. No tea or coffee and no alchol drinks offered you had to proactively ask, which I did but came after they had cleared all the food. No 2nd drink offered and not even a top up of water offered but a passanger did get the water and go round the cabin offering topups about 80 mins into the flight.

I have done a lot of CE sectors both LHR and LCY but never known anything like this, I really did think they must have been a crew member down as it was so disorganised.

Anyway I digress, CWS thank you as ever for yoru insights and information, really is appreciated!
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Old Mar 11, 2019, 5:50 am
  #236  
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Btw BA3280 FLR-LCY appears frequently on Search results for "Ba3280" | The BA Source
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Old Mar 11, 2019, 7:35 am
  #237  
 
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I tried replying as suggested above, stating in particular that "Please note this constitute a letter before action and that should you continue to ignore the request for the calculation to be made under the EC261 methodology, I will as a next step action CEDR or MCOL."

BA's response is:

"Thanks for getting back in touch.

Unfortunately, as I explained in my previous email, if you want to discuss this issue further you will need to contact our Refunds team. The number to call is, 0344 493 0787, option one. I'm sorry I can't provide any further assistance with this issue."

So - do I have any option other than to phone them at this point? They seem to want to refuse to engage with the actual claim at all. If I do phone them, what should I ask them in order to make sure that I can just move on to the MCOL stage (I'm expecting it will have to be MCOL as an Amex 2-4-1 voucher is involved).
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Old Mar 11, 2019, 7:47 am
  #238  
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Originally Posted by tsg20
So - do I have any option other than to phone them at this point? They seem to want to refuse to engage with the actual claim at all. If I do phone them, what should I ask them in order to make sure that I can just move on to the MCOL stage (I'm expecting it will have to be MCOL as an Amex 2-4-1 voucher is involved).
I agree it is probably a waste of effort but you can hardly go to CEDR or MCOL unless you have exhausted the remedies offered. So I would call as directed, but before doing so, calculate what you are owed, at least approximately - upthread you'll find the links on how to do this (you appear to have done this already). Then when you call you can be clear as to expectations. After the call make a contemporary note of what was said. BA have up to 8 weeks to come up with the EC261 refund, or to issue a deadlock letter with the immortal words "our answer will not change". By all means contact BA at the 5 week stage and say "this is what I am owed, kindly pay forthwith". MCOL you don't have to wait 8 weeks for, but you need to (a) set a reasonable timescale, which is at least 2 weeks and (b) make a specific claim for BA to reject.
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Old Mar 11, 2019, 7:52 am
  #239  
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Originally Posted by hshs
If it hadn't started late, though, it may well have operated to schedule, or at least close enough that I would not have missed my connecting flight. As it was, BA67 was delayed a little yesterday, so there was a good chance I would have made it, even with only an hour's delay on the incoming BA835.

Does anyone have any thoughts on the reasonableness of this argument when I inevitably reach CEDR? Thanks for your help.
Though it is formally BA's responsibility to prove extraordinary circumstances + all reasonable steps, nevertheless given the weather yesterday I don't think that's going to be too difficult to prove. If it was late leaving VCE on a night stop I'm guessing it was held from departing Italy because of a reduced flow at LHR. You could argue that they should have used some other equipment instead, but the fact is that the weather led to hundreds of delayed aircraft yesterday.
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Old Mar 11, 2019, 7:55 am
  #240  
 
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Originally Posted by corporate-wage-slave
I agree it is probably a waste of effort but you can hardly go to CEDR or MCOL unless you have exhausted the remedies offered. So I would call as directed, but before doing so, calculate what you are owed, at least approximately - upthread you'll find the links on how to do this (you appear to have done this already). Then when you call you can be clear as to expectations. After the call make a contemporary note of what was said. BA have up to 8 weeks to come up with the EC261 refund, or to issue a deadlock letter with the immortal words "our answer will not change". By all means contact BA at the 5 week stage and say "this is what I am owed, kindly pay forthwith". MCOL you don't have to wait 8 weeks for, but you need to (a) set a reasonable timescale, which is at least 2 weeks and (b) make a specific claim for BA to reject.
Thank you - I'll phone them later. My messages to them have included the following text; is there anything I am doing wrong here? I'm happy to call them and just read them these details, of course.

" I believe that I am owed 150,000
Avios and £241.79. Your reply does not mention EC261 and I would
request that you escalate my request to the appropriate department to
deal with EC261 claims.

I would like to claim a refund under EC261 for a flight downgrade.

[personal details snipped]

We were rebooked from
first class into business class to travel the next day. We are
therefore due a refund of 75% of the ticket cost.

My calculation of the refund due is as follows. My emailed receipt
from BA lists the expenses as follows:

100000 Avios
Companion e-voucher
£782.62

Therefore the amount of Avios owing is 75,000 per person, for a total
of 150,000. I am open to suggestions of alternatives for this portion
of the refund, such as a cash alternative, or a reinstatement of the
companion voucher instead of some of the Avios.

While my receipt from BA was not itemised, I have calculated the cash
portion of the refund as follows, following the "Mennens" formula. I
believe that the "taxes and charges" per person are as follows:

United States Immigration User Fee (XY) £5.40
United States Customs User Fee (YC) £4.50
United States APHIS Passenger Fee Passengers (XA) £3.10
United Kingdom Air Passenger Duty APD (GB) £156.00
United Kingdom Passenger Service Charge Departures (UB) £46.62
US International Arrival Tax (US)£14.50

This totals £230.12 per person. The refund due is therefore 75% of
782.62-2x230.12, which comes to £241.79.

My bank details for cash portion of this refund are:"

Last edited by tsg20; Mar 11, 2019 at 7:56 am Reason: typo
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