ReinaDeLaSelva

Senor you know the answer to this like thousands of others. It is clearly a matter of policy with BA to deny, deny all EU261 claims at first submission. Relying on only a proporation of claimants being willing/able/knowledgeable to pursue and secure their legally-mandated compensation. I am sure somewhere in BA there is an inverse "denied comp" metric for sector managers, where at monthly meetings each manager presents "32.1 percent of ORD-originating EU261 claims have been paid" - meaning, 67.9 percent have not. We can guess which metric is used by management for their own reward, lol!

It is true that not only BA do this, also LX and IB are the worst. However, this goes far beyond FT. All media are full of disgruntled customers who file such claims and are denied at first. BA's knowing noncompliance with the law are on a scale and with frequency that require enforcement action.

BUUT...UK is no longer EU...so who to enforce?

leland

Thanks corporate-wage-slave for the guidance - that was my inclination so will follow that path of assumed least resistance and see how long it takes to achieve success.

UKtravelbear

It is absolutly not BA policy to deny all claims on first submission. There are plenty of posts in EU261 threads where people have reported that their claim was NOT met with a refusal.

There are plenty of posts of people coming here to ask for advice before submitting their cliam who then submit their claim then report back that BA have paid up.

Brexit has no effect as EU261 is part of UK law and has been since 2005. Brexit does not suddenly invalidate that law.

FlyerTalker39574

I’ve had one complex case which was refused and I had to go all the way to CEDR to get compensation and also one simple case which was paid without question, so at both ends of the spectrum. So my view is complex cases where BA can be obfuscatious will get refused.

PxC

EDIT N/A apologies

SQjunkie

I spoke to customer relations about my downgraded flight CPT-LHR. They said that they can only calculate the downgrade comp amount once I have flown the return flight (in September). So I should come back then. Is this true?

teledude

460 to Madrid yesterday. First refusal due to weather in Madrid which is a total lie

corporate-wage-slave

That is essentially correct since it's possible that (e.g.) you don't fly the return and get a refund / it's cancelled etc. This could then possibly change the Mennens formula calculation, but more importantly for BA's perspective it would change their internal involuntary fare recalculation.

leland

Reporting back, submitted yesterday, claim approved today and money on the way. One datapoint to add that the first response is not to deny, however my case was relatively straightforward.

SQjunkie

Thanks. Will set a reminder to revisit in September!

serfty

A quick query on this ... does EU261 as part of UK law relate specifically to UK carriers, more generally to EU carriers or both?

corporate-wage-slave

It applies to UK, EU and where applicable non-EU carriers, there are no changes at all. The only thing that could change is that from 1 January 2021 future judgments of the CJEU will not necessarily be binding in the UK, they may require an appellate court in the UK to give a judgement or endorsement. This appellate court may well regard the CJEU's analysis as persuasive.

serfty

corporate-wage-slave Thankyou.

So barring future legislative changes, a BA flight departing CDG will be subject to the same/identical air passenger rights regulation as a BA flight departing LGW.

corporate-wage-slave

Yes and barring any hypothetical future divergence of judicial interpretation between UK and (most of) the rest of Europe.

ens100

deleted - wrong thread - sorry