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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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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 Jul 7, 2019, 5:17 am
  #541  
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Originally Posted by clubman
6 minutes shy of 3 hours...[/LEFT]
It's probably best to put down the exact timings - as booked, as scheduled, as happened; plus the cause of the cancellation, and the date you were told of the cancellation.

Since this is a cancellation, the limit is 2 hours, though it depends on when exactly you were told of the cancellation, and the cause of the cancellation (if it was the 787 series then that's not Extraordinary Circumstances in my book). However the basis of the calculation would indeed be for BA's initial rebooking. So without knowing the specific details here you may be in the frame for the 50% Article 7 compensation.
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Old Jul 7, 2019, 5:51 am
  #542  
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Originally Posted by corporate-wage-slave
It's probably best to put down the exact timings - as booked, as scheduled, as happened; plus the cause of the cancellation, and the date you were told of the cancellation.
booked BA281 departing LHR at 11:25 arriving into LAX at 14:45 on the 24th, which was indeed scheduled to be operated by a 787. Got the cancelation email at 17:12 the day before.
No idea of the cause for cancelation but I have a pretty good idea considering it was a 787...

They rescheduled me onto the BA297 to ORD departing LHR at 10:30 arriving into ORD at 13:10, and then AA1375 departing at 15:10 arriving LAX at 17:33.
As I mentioned earlier, considering this would not have got me in on time for my meeting that day, I saw no advantage taking that flight considering it left an hour earlier (not a big deal I know, but I did actually arrange an early breakfast meeting that day, so would have messed up those plans as well) but also meant a downgrade on the second part of the journey.

It's clear they booked me the ORD flight so that they could avoid having to pay EU compensation which is fair enough, but definitely did not suit me one bit
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Old Jul 7, 2019, 5:54 am
  #543  
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Originally Posted by clubman
It's clear they booked me the ORD flight so that they could avoid having to pay EU compensation which is fair enough, but definitely did not suit me one bit
I think you are ascribing a level of sophistication to BA’s systems which is not there. Yesterday’s issues are another example of their state
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Old Jul 7, 2019, 6:39 am
  #544  
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Originally Posted by clubman
No idea of the cause for cancelation but I have a pretty good idea considering it was a 787...
Me too!

Yes, I think that's good for 300€ since it is more than 2 hours late, though you need to make it clear that (a) it was their last minute cancellation (not delay) and (b) you were delayed 5 hours in all. Keep it short and claim specifically for EC261 Article 7 without specifying the amount. If they look closely they will have a reason to make the payment 300€, based on their original timing, but you never know.
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Old Jul 7, 2019, 8:32 am
  #545  
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Originally Posted by richardwft
...So for example when an bird strike caused a delay but then the airline required a particular engineer review the damage, leading to an extended delay, CJEU took the view that second stage was under the airline's control.....
This sounds like it is similar to Marcela Pešková and Jiří Peška v Travel Service a.s
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Old Jul 7, 2019, 11:07 am
  #546  
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Originally Posted by corporate-wage-slave
Me too!

Yes, I think that's good for 300€ since it is more than 2 hours late, though you need to make it clear that (a) it was their last minute cancellation (not delay) and (b) you were delayed 5 hours in all. Keep it short and claim specifically for EC261 Article 7 without specifying the amount. If they look closely they will have a reason to make the payment 300€, based on their original timing, but you never know.
Thanks CWS!
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Old Jul 7, 2019, 12:43 pm
  #547  
 
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Hi,

Read a lot, but still not entirely sure if I am entitled to Eu261.
Original flight DUB-LHR-JFK-LAX (business fare) all on ba flight number but JFK to LAX is operated by AA. JfK LAX flight cancelled due to mechanical issue. AA auto rebooked me 1 date later on a connecting flight in Y which would lead to at least 30 hours late from original scheduled arrival time. Meanwhile, when I arrived JFK. BA ground staff able to get me on B6 business, but arrive around 4 hours later than scheduled arrival. I took the BA reroute offer. Am I still due EU261 or am I sol because the flight cancelled is operated by AA?

Thanks a lot.
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Old Jul 7, 2019, 12:46 pm
  #548  
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Originally Posted by Fly2Where
Am I still due EU261 or am I sol because the flight cancelled is operated by AA?
I think this won't be successful, it maybe that AA will give you a travel voucher perhaps. You could apply to AA under EC261 but because there was a change in operating airline, and to an airline not fully covered by EC261, I am not optimistic. The Emirates case related to a departure on Emirates that left the UK, transferred at Dubai and was late at the end point, so Emirates throughout. I can't see you pinging BA for this, plus they seemed to have done what they could.
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Old Jul 7, 2019, 1:36 pm
  #549  
 
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Originally Posted by corporate-wage-slave
I think this won't be successful, it maybe that AA will give you a travel voucher perhaps. You could apply to AA under EC261 but because there was a change in operating airline, and to an airline not fully covered by EC261, I am not optimistic. The Emirates case related to a departure on Emirates that left the UK, transferred at Dubai and was late at the end point, so Emirates throughout. I can't see you pinging BA for this, plus they seemed to have done what they could.
Thanks for prompt reply!! I agree, I dont want to hold BA accountable especially they did an amazing job! Just looking if AA could be a recourse, but I probably wont spend the time as I am only 4 hour late....
however, AA didn't offer anything other than Y with connection that really surprises me. Flagship service became regular plus y downgrade... I saw they have F available (upgrade from J)on direct route later flight but did not offer to me .
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Old Jul 8, 2019, 2:15 am
  #550  
 
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Would anybody be able to check the reason for the delay that BA is registering for BA 98 Toronto to LHR on June 27th. Doors opened 3 hours and 4 minutes late and the captain announced the reason for the delay was a technical issue with the plane before it left Heathrow. My colleague has just had her claim rejected and I want to make sure before I hear back that I am armed with any data. Thanks
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Old Jul 8, 2019, 5:35 am
  #551  
 
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Originally Posted by cbagent
When looking at missed connections the principle is " was the claimable delay sufficient to breach BA's minimun connection time ? "

BA minimum connection time T5-T5 is 60 mins and your ticket had 95 mins so a delay in excess of 35 mins would breach this.

The cargo issue accounted for 34 mins but crucially when added to the 3 mins between landing and doors open gives 37 mins which breaches connection time by 2 mins.

I would respond and ask them to look again at your claim using the doors open time .
So BA got back to me saying that that time is not valid as they are not responsible for connecting the jet bridge and opening the door hence they stand by the fact that I have no valid claim.
On my request they referred me to CEDR, do you think I should proceed with CEDR?
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Old Jul 8, 2019, 5:42 am
  #552  
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Originally Posted by WorldClub
On my request they referred me to CEDR, do you think I should proceed with CEDR?
Personally I would proceed to CEDR. BA - or their ground agents - are responsible for the airbridge. Just write up a carefully succint CEDR text, focusing on timings. With any luck the separate team in BA that respond to CEDR claims will revert. As a general point, and reiterating my advice upthread relating to my own claim, it's best to avoid too much to and fro with CR, once you have an initial decline it's difficult - though not impossible - for it to be rescinded by the CR team.
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Old Jul 8, 2019, 5:44 am
  #553  
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Originally Posted by LHRagain
Would anybody be able to check the reason for the delay that BA is registering for BA 98 Toronto to LHR on June 27th. Doors opened 3 hours and 4 minutes late and the captain announced the reason for the delay was a technical issue with the plane before it left Heathrow. My colleague has just had her claim rejected and I want to make sure before I hear back that I am armed with any data. Thanks
The captain's announcement is the best data you can have, make sure it's duly captured. Unfortunately after about 3 days we can't retrieve this information from semi-public sources, so it's best to ask here ASAP.
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Old Jul 8, 2019, 6:26 am
  #554  
 
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Thanks CWS!
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Old Jul 8, 2019, 6:28 am
  #555  
 
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Originally Posted by corporate-wage-slave
Personally I would proceed to CEDR. BA - or their ground agents - are responsible for the airbridge. Just write up a carefully succint CEDR text, focusing on timings. With any luck the separate team in BA that respond to CEDR claims will revert. As a general point, and reiterating my advice upthread relating to my own claim, it's best to avoid too much to and fro with CR, once you have an initial decline it's difficult - though not impossible - for it to be rescinded by the CR team.
Thenk you c-w-s, I have filed a CEDR application and will report back with the outcome.
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