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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
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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 Mar 21, 2019, 4:47 pm
  #286  
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Originally Posted by Some person
It was delayed for more than three hours, which unless I'm wrong legally means that it was cancelled.
I'm not a lawyer so I'm certainly open to other suggestions. But my understanding is that since delays were a judicial ruling after the Regulation, you do actually have to be delayed on the flight in question, not hypothetically delayed. As it happens, the OP made other arrangements, on a different route, so it's somewhat difficult to say that he was delayed 3 plus hours when he went to Lisbon instead of London. Now I do know of cases where BA have paid - or been forced to pay - delay compensation when the passenger has made their own alternative arrangements but ended up in the same place. And those that did stick with the BA service were given delay compensation. I guess it's up to the OP if they want to pursue it or not, but it may require quite a lot of effort to take it through CEDR or MCOL.
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Old Mar 22, 2019, 7:47 am
  #287  
 
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Hello,

I’m hoping maybe someone can help to make sure I’m interpreting the rules correctly. This last weekend at LHR was kind of a mess. Here are the facts:

I had a flight booked with BA on March 16 2019 from FCO to SEA via LHR — this is all booked on one ticket/reservation ID. Because of high winds at LHR I missed my connecting flight to Seattle. I realize winds are outside of BA’s control so I don’t believe I should expect compensation for that. They did rebook me to a March 17 2019 flight on BA (BA49) from LHR to SEA and provided transportation, food, and hotel overnight for the night of March 16 2019.

The next day (17/3/19) is where I think the valid complaint for delays under BA’s control starts. I boarded the replacement flight (BA49) and after spending about an hour on the plane parked at the gate we were told by the pilot that there were mechanical issues with the plane and that it wasn’t “fit for flight.” After some waiting for gate employees to assemble and help us deplane into the departures area of T5B, we were given food vouchers and told that we would now be leaving at roughly 1830 that evening (17/3/19.) Starting at around 1830 whilst waiting to board we were told that the turnaround manager was working to get the plane ready for us. By 1915 we were told they were waiting on the final catering carts to be loaded on the plane. By 2000 we were finally told that it took too long to ready the plane for departure, and we would no longer arrive in Seattle with enough time to be processed by passport control/immigration/customs before it closed. Again for Sunday night (17/3/19) we were given transportation vouchers, hotels, and food. We were told a special flight the next day was being created (BA49A) to take us home. In the end, that flight arrived in Seattle over 20 hours after the original arrival time at around 1400 on Monday 18/3/19.

Does this sound like something that would be covered under the 600 euro compensation? Thanks for any input you all may have.

Doug
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Old Mar 22, 2019, 8:05 am
  #288  
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Originally Posted by dougb_TWR
Does this sound like something that would be covered under the 600 euro compensation? Thanks for any input you all may have.
Yes it does look like a solid claim to me, and hopefully BA will respond quickly and positively.
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Old Mar 22, 2019, 4:33 pm
  #289  
 
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BA LHR-CPH 21/3 delayed- cancelled onward flights

My BA flight from LHR-CPH yesterday was delayed by 4 hrs and 50 minutes. I was meant to be flying from CPH-SYD via DOH last night. Biz class flight (R class so restricted) on Qatar . Despite allowing 6+ hours for the connection from London (and figuring in that if I missed 1 flight I could get 2 others and still get there) I hadn’t figured on a squeaky nose wheel which meant we got out to the taxi way then returned to stand. They got the engineers in, lubricated the wheel and we tried again. Unfortunately it was still sqeaky so the pilot said we weren’t flying. This however took a lot of time (5 hours) which meant we had missed the check in time at CPH so decided not to bother getting on to the new flight when it eventually left (5 1/2 hours late).

So i tried to persuade Qatar in London to let me buy a single to DOH to pick up the rest of the flight but as expected they cancelled the flight as I was a no show ( well there were 3 of us).

So now I have a non refundable non changeable ticket. I thought that this would be covered by my travel insurance which is meant to cover missing an international departure in this scenario but also as expected on contacting the insurance company they have declined it ( I will appeal).

Any suggestions? Do I just absorb the loss? I don’t need to be told I should have gone the day before- I already accept that but have flown via CPH more than 5 times now and never had this issue. I know I’ll get the tax back but I think that’s all.

So this is the expert flyer summary of why the flight was delayed.

Last edited by Weez; Mar 22, 2019 at 5:32 pm Reason: more info
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Old Mar 23, 2019, 12:48 am
  #290  
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Originally Posted by Weez
So now I have a non refundable non changeable ticket. I thought that this would be covered by my travel insurance which is meant to cover missing an international departure in this scenario but also as expected on contacting the insurance company they have declined it ( I will appeal).

Any suggestions? Do I just absorb the loss?
That is spectacularly unlucky given how many direct flights there are to CPH every day on both BA and SK.

I know you’ll be aware that BA is obviously not responsible for your consequential loss.

In terms of travel insurance, I don’t know of any standard UK policies that require less than 12 hours between flights on separate tickets - so I’d expect your claim to fail here as well.

As you abandoned your trip in vain, you are entitled to a refund from BA.

So yes, sadly you are going to have to absorb pretty much all the loss here.
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Old Mar 23, 2019, 9:38 pm
  #291  
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Originally Posted by NWIFlyer
As you abandoned your trip in vain, you are entitled to a refund from BA.
I also can't see anything other than a refund. If you had continued to CPH, perhaps in the hope of getting QR there to help you, then you would have got 250€ and the right to be returned back to LHR for free if it didn't work out. A most unfortunate outcome all round, you were very unlucky here. Were you given the option of offloading yourself after the first squeak? As I see it you were on the 1420 service so in theory OK for the 1610 service. The CPH - DOH service was timed for a 21:40 departure.
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Old Mar 25, 2019, 11:24 am
  #292  
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Last edited by madfish; Mar 25, 2019 at 11:34 am
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Old Mar 25, 2019, 2:26 pm
  #293  
 
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(I'm moving my post here as I didn't see this thread earlier, apologies.)

Hello FT,

I was on BA176, JFK-LHR, 15 March which was delayed on departure and arrived late enough to cause me to miss my connecting BA flight. I was rebooked on two LH flights that got me to my destination about five hours late. In response to my first inquiry I received the following reply. I also submitted a formal EU compensation claim.

Your claim has been refused because BA0176 on 15 March was delayed because this flight had an overall delay of 21 minutes. The departure delay was 46 minutes, however, it made up 25 minutes in the air. The reason your flight was delayed for 46 minutes on its departure is because of mandatory security and a start up delay, which are both not payable.
I've never heard these reasons for a delay and don't know what they mean. Any ideas?

Thanks kindly - SE

New info below:

Scheduled LHR arrival: 7.20a (this was showing as ~6.55a up on FlightAware up until the delay that night started)
Actual arrival: 7.41a
Gate closure of connecting flight: 7.50a
Scheduled LHR departure of connection: 8.25a

Additionally I was meeting a friend at LHR for the connecting flight which I'd been checked into since Thu evening. He is listed on my BA account and booking to be notified about any delays. BA did not contact him.

I'd reached out on Twitter a month or so ago worried about this connection. I reached out again sitting on the plane with my BA flight number and connecting BA flight number that I was worried about the connection due to the delay. A BA flight attendant put me in a jumpseat in F so I could race off the plane but told me not to worry as BA should be monitoring my connection and someone would likely be waiting for me to get me to the next flight. No one was waiting. I sprinted through LHR (only had a backpack) and the airtrain was waiting and took off right away. I did everything I could to make the next flight as this was a very short holiday where five hours really did matter.

My friend was still at the gate when I was denied continuation after scanning my booking. A bus was needed to take passengers to the plane and I was told this was why they wouldn't let me through. On Twitter BA told me that the gate had already closed; as stated this wasn't true as my friend was still at the gate and the gate agent even notified my friend they weren't letting me through.

All that and they didn't have my Special Meal, once again, nor did they give anything for breakfast.

I welcome any info you may know. Thank you. - SE

Last edited by sadeconomy; Mar 26, 2019 at 11:22 am Reason: formatting, clarification
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Old Mar 25, 2019, 5:02 pm
  #294  
 
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Originally Posted by sadeconomy
I was on BA176, JFK-LHR, 15 March which was delayed on departure and arrived late enough to cause me to miss my connecting BA flight. I was rebooked on two LH flights that got me to my destination about five hours late. In response to my first inquiry I received the following reply. I also submitted a formal EU compensation claim.

New info below:

Scheduled LHR arrival: 7.20a (this had been ~6.55a up until the delay that night started)
Actual arrival: 7.41a
Gate closure of connecting flight: 7.50a
Scheduled LHR departure of connection: 8.25a
CWS will probably be along soon to give more accurate information, but my understanding is that it is arrival time at your eventual destination that matters, not the arrival of the individual (delayed) flight. From the usual instructions on here I think you should point this out to BA, and give them chapter and verse on the actual and scheduled timings through to your destination, tell them you believe you are eligibly for EU261 compensation and if they are refusing it conclusively, then please state so, so that you can proceed to other avenues.

Or, you can go straight to the lawyers, who will take a more significant cut of the compensation (roughly 30%) but will leave you able to get on with your life without stressing about exactly how to say what needs saying.

All that said, I have no idea what their comments about the cause of the delay actually means - I wonder what you were told on board? They don't sound convincing to me, but I am not a lawyer and I haven't had to deal with this stuff much.
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Old Mar 25, 2019, 10:49 pm
  #295  
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Originally Posted by sadeconomy
Scheduled LHR arrival: 7.20a (this had been ~6.55a up until the delay that night started)
Actual arrival: 7.41a
Gate closure of connecting flight: 7.50a
Scheduled LHR departure of connection: 8.25a
I think you may have a case, but it's going to be a tricky one, and will probably need a carefully argued position via CEDR to resolve it in your favour, I don't see BA readily agreeing to help here directly, it would need another agency to be involved.

I'm not sure where the 06:55 came from, I guess it was the time when you booked, but I see that the advertised time for BA176 is to arrive at 07:20, I don't have the full information on the connection, but if it was 08:25 hrs as advertised then it's 5 minutes over the minimum connection time of 5 minutes - you can't book or hold a reservation less than 1 hour at LHR T5. At 35 minutes before departure - 07:50 - then you risk not passing conformance. There is some flexibility on this, but not for a bus gate departure where the gate is supposed to close at 20 minutes (08:05). I'm guessing there was also a building change too, but 9 minutes wouldn't really be enough. I think you were 10 to 15 minutes too late to make the connection, but the lines of argument here stretch from 5 minutes (if we look at MCT) to 30 minutes. Timings here are based on when you get to Flight Connections, so before Security.

You arrived 21 minutes late. BA would have a case if they can prove that JFK's ATC were responsible for (e.g.) 25 minutes of the delay. If so, then you could never make a very tight connection and there wouldn't be much BA could do to make such a connection. And EC261 can't help with that. Now in your case BA have suggested the starting delay was 46 minutes. It will be BA's task to prove this was all external and that there was no necessary step that BA could have taken to mitigate the delay. BA mentioned "mandatory security" - this could mean reconciling baggage to passengers. If BA were late/slow to do this, or could have started loading sooner, then my argument would be BA did not take all necessary steps. Now it's for BA to prove this, not for you to disprove it, but still it would help to assemble as much recollection as possible here. There's no point asking BA to give a breakdown of this timing, they will only do this at CEDR or MCOL stages.

As a general, and possibly unhelpful comment, a delay of this sort isn't unusual departing a congested JFK in the evening, and so any connection which is just 5 minutes over the minimum is going to be at risk here.
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Old Mar 26, 2019, 12:48 am
  #296  
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Originally Posted by NWIFlyer

In terms of travel insurance, I don’t know of any standard UK policies that require less than 12 hours between flights on separate tickets - so I’d expect your claim to fail here as well.
amex platinum insurance will work... I had situation then I miss plane in JFK 4h buffer wasn’t enougth and I got compensation for new tickets to SFO for 4pax under 1500GBP total

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Old Mar 26, 2019, 7:56 am
  #297  
 
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Originally Posted by corporate-wage-slave
I think you may have a case, but it's going to be a tricky one, and will probably need a carefully argued position via CEDR to resolve it in your favour, I don't see BA readily agreeing to help here directly, it would need another agency to be involved.

I'm not sure where the 06:55 came from, I guess it was the time when you booked, but I see that the advertised time for BA176 is to arrive at 07:20, I don't have the full information on the connection, but if it was 08:25 hrs as advertised then it's 5 minutes over the minimum connection time of 5 minutes - you can't book or hold a reservation less than 1 hour at LHR T5. At 35 minutes before departure - 07:50 - then you risk not passing conformance. There is some flexibility on this, but not for a bus gate departure where the gate is supposed to close at 20 minutes (08:05). I'm guessing there was also a building change too, but 9 minutes wouldn't really be enough. I think you were 10 to 15 minutes too late to make the connection, but the lines of argument here stretch from 5 minutes (if we look at MCT) to 30 minutes. Timings here are based on when you get to Flight Connections, so before Security.

You arrived 21 minutes late. BA would have a case if they can prove that JFK's ATC were responsible for (e.g.) 25 minutes of the delay. If so, then you could never make a very tight connection and there wouldn't be much BA could do to make such a connection. And EC261 can't help with that. Now in your case BA have suggested the starting delay was 46 minutes. It will be BA's task to prove this was all external and that there was no necessary step that BA could have taken to mitigate the delay. BA mentioned "mandatory security" - this could mean reconciling baggage to passengers. If BA were late/slow to do this, or could have started loading sooner, then my argument would be BA did not take all necessary steps. Now it's for BA to prove this, not for you to disprove it, but still it would help to assemble as much recollection as possible here. There's no point asking BA to give a breakdown of this timing, they will only do this at CEDR or MCOL stages.

As a general, and possibly unhelpful comment, a delay of this sort isn't unusual departing a congested JFK in the evening, and so any connection which is just 5 minutes over the minimum is going to be at risk here.
Thanks so much for replying. Some of this is a bit over my head.

The connecting flight was BA848, LHR to ZAG, scheduled departure of 8.25a. They actually left the gate a minute early but didn't take off until 8.53a. I pleaded with the agents to let me through as my friend was on the phone with me still standing at the gate with crew. I think it was 7.51a when the scanner told me to see an agent and I couldn't get through (they were still boarding). I immediately went to the connections desk and again asked if there was a way someone could get me to the gate. I confirmed with my friend while I was at the connections desk at 7.59a that they weren't letting me through and the crew on his side told him the same (he confirmed by text at 8.03a).
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Old Mar 26, 2019, 9:43 am
  #298  
 
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Originally Posted by april2018
Hoping someone can give me a bit of advice and let me know if I have a case to claim reimbursement for my expenses when my flight was cancelled.

The problem came about after this series of events:
​​​​​​1- Flight was delayed - Fri 01/02 BA1317 ABZ-LHR @ 20:20 (think this was due to combination of late arrival/fog)
2- Offered rebooking at 11:30pm to Sat 02/02 BA1441 EDI-LHR @ 10:35 (no seats left from ABZ)
3- Transport arranged by staff at ABZ - taxi to pick me up from home at 6am to take me to EDI
4- Transport failed to arrive - called taxi company - others had been booked but not me!
5- Booked my own transport - paid £267!!

From what I understand having looked at the regs I believe I am entitled to be reimbursed for transport and that the extraordinary circumstances (adverse weather) clause does not apply to this entitlement to assistance.

Am I wrong?

Following the submission of my claim and a few messages back and forth BA are refusing to pay the full cost of transport stating that it is in "excess of the reasonable costs expected for a journey of that nature".
While it is a lot of money, there was no other way for me to arrange travel to EDI at 6am on a Saturday morning and be there in time to catch a flight at 10:35 - having been let down by their failure to arrange the taxi in the first place.
A few other passengers made the same journey, at the same time, on taxis booked and paid by the staff at ABZ but somehow mine was missed.
I'm feeling a little peeved right now.
If I am right in thinking I have a case, where do I go from here?
Should I send a recorded letter to the UK customer services, small claims or try this CEDR thing I read about?
Any other advice?
Thanks
Quick follow up to say that after going through CEDR, BA have now agreed to pay all my costs.
Thanks to all for the advice given.
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Old Mar 27, 2019, 1:36 pm
  #299  
 
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Replying to myself in case anyone has follow-up advice.

I've been told this via Twitter:
Basically Air Traffic Control restrictions means that not the normal amount of departures are allowed per hour. Due to high winds the restrictions meant only 37 departures/arrivals per hour were permitted instead of the normal 60 across the 15th. This causes delays across the airport, so the aircraft was delayed leaving London Heathrow to operate the return BA0176, hence why it's called rotational. BA0176 landed with a 21 minutes delay directly due to the weather, therefore the flight isn't eligible for EU compensation.
Very partial part of my reply:
​​​​​​​Yes, I see that the inbound flight was a bit delayed but was on the ground [at the gate] at 18:49. BA started boarding flight 176 quite late (scheduled to start at 19:50); we were still boarding well past our scheduled takeoff time [20:25, I have a photo showing people boarding in the aisle still at 20:32]. That is in BA's control. Also if BA knew that 176 would be late they should have taken measures to minimize the delay such as boarding on time so we could join the taxi-out queue earlier.
There's been more back and forth and I've asked if they would like to issue a final letter so I can proceed with CEDR.
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Old Mar 29, 2019, 9:30 am
  #300  
 
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Originally Posted by corporate-wage-slave
Thanks for asking soon after the event since the dispatch information is still live in Expertflyer, see below.

Indeed it looks like you were just over 3 hrs 30 minutes late, and the delay codes are ZO (operational) and ZY (rotational). The million dollar (or rather 600€) question is whether weather was more than 30 minutes of this, but that is for BA to prove. The rest looks to me to be purely under BA's control. So personally I'd work out an incisive claim wording, and follow very closely the steps and timetable in post 171 to manage it, since normally if there are multiple points of failure then the get-out clause is relied on.
Originally Posted by Takiteasy
Departure time for the AUH service was changed already early in the morning of the 14th from 1.20pm to 2.43pm. This is consistent with the aircraft (ZBKB) having departed late from EWR on its way back to LHR and was at that point scheduled to land around 12.45, giving a 2 hour turnaround.
Further delays then crept in but only after 2pm, consistent with the technical difficulties mattyw mentioned.
So from this perspective the delay looks fully on BA's side (e.g. late inbound + technical). It may well be that the initial delay to the BA188 from EWR was weather-related, but that is not a relevant element given BA's home base is LHR.
Thanks for your help. I submitted the claim five days ago and have just received an email this afternoon accepting the claim and offering 600 EUR in cash or 900 EUR in BA vouchers. I have replied to check that it's per passenger, not in total, as the wording of the email isn't clear.
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