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The 2020 BA compensation thread: Your guide to Regulation EC261/2004

Old Jan 1, 2020, 2:30 am
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The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019

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.

For the 2019 thread:
https://www.flyertalk.com/forum/british-airways-executive-club/1948451-2019-ba-compensation-thread-your-guide-regulation-ec261-2004-a.html

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The 2020 BA compensation thread: Your guide to Regulation EC261/2004

Old Feb 9, 2020, 1:46 pm
  #151  
 
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Having had 3 flights cancelled due to Ciara today I'm finally rebooked DUS-LHR tomorrow morning. Gold line was no joy, but twitter team responded instantly and advised me to book my own hotel in DUS. I walked up to the BA counter tonight to collect my duty of care meal voucher and after some initial confusion ended up with a €15 voucher. This was for Club. Euro traveller is worth €8! Not much at the Marriott to be had for that. I shall hand back the voucher tomorrow and submit my expenses.
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Old Feb 9, 2020, 2:08 pm
  #152  
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That sounds suspiciously like the "long delay at airport" voucher, it's not supposed to be used for overnights, where the system is either a hotel booked by BA which includes the meals in the deal, or you pay and claim. Now the downside with (e.g.) the usual London hotels roped in on BA's deals is that the hotels seem to adhere a bit too rigidly to the spec, so I once saw at the Renaissance someone denied a second cup of coffee after the buffet meal that comes as part of the deal. In reality BA frankly doesn't care how much coffee you have, but that doesn't stop hotel accountants sending out stiff memos. Hence the "claim what is reasonable" is probably best for all concerned.

EC261 doesn't put a limit in for meals, but the Regulation is all wrapped up in what is reasonable.
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Old Feb 9, 2020, 4:15 pm
  #153  
 
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Originally Posted by lax555
[MENTION=790565]Happychick[/MENTION] and [MENTION=714089]want2beaqui[/MENTION]

I was also on BA269 on 29 Jan and BA has already approved my 600 euros with zero pushback. Don't give up!
After a few hours if phone calls BA backtrack and said they had made an error and will be paying out. Case closed
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Old Feb 9, 2020, 6:11 pm
  #154  
 
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DEN-LHR Cancellation due Storm Ciara

Is EU261 compensation payable in the event of a weather cancellation?
I was booked on BA218 DEN-LHR today departing 35 min ago but flight cancelled first thing this morning and rebooked on the same flight 24 hrs later. I accepted the rebooked flight, which I assume absolves the airline of any liability.
I figure the decision to cancel was based on the aircraft not being able to depart LHR for the DEN service today. There were some US-originated BA 744 flights successfully landing at LHR today and the wind is abating overnight so crosswinds shouldn’t be an issue tomorrow morning.
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Old Feb 9, 2020, 9:18 pm
  #155  
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Originally Posted by nemonon
Is EU261 compensation payable in the event of a weather cancellation?
delay/cancellation compensation isn’t payable. Duty of care is still due though.
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Old Feb 10, 2020, 1:32 pm
  #156  
 
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Asking for another friend.

BA0460 from LHR to MAD on 6 Feb was delayed for 190 minutes. The delay was triggered by a problem to one of the engines discovered after pushing back.

BA have replied saying that only 90 of these minutes were as a result of the technical issue. The remaining 100 minutes were caused because of a 50 minute take off slot delay as a result of bad weather and a 50 minute push back delay of the aircraft. They refused compensation on that basis.

This seems ridiculous to me. If it hadn’t been for the technical fault, none of the other problems would’ve had an impact.

Any advice? Is BA correct here?
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Old Feb 10, 2020, 1:45 pm
  #157  
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Originally Posted by ringingup
This seems ridiculous to me. If it hadn’t been for the technical fault, none of the other problems would’ve had an impact.
In a narrow sense, BA is correct that when there are multiple causes of the delay, which isn't unusual in aviation, then BA is able to exclude things like weather and ATC slots. However if the delay was avoidable by all reasonable measures (e.g. not having an aircraft going tech in the first place) then the passenger is able to ping it on the airline. The way to check this is (a) take timings during the flight in question and (b) compare other flights leaving at the original and revised time to see if they too were impacted. If it's shades of grey then you're off the CEDR and they will work it out on the basis of balance of probability.
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Old Feb 10, 2020, 4:42 pm
  #158  
 
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Originally Posted by corporate-wage-slave
In a narrow sense, BA is correct that when there are multiple causes of the delay, which isn't unusual in aviation, then BA is able to exclude things like weather and ATC slots. However if the delay was avoidable by all reasonable measures (e.g. not having an aircraft going tech in the first place) then the passenger is able to ping it on the airline. The way to check this is (a) take timings during the flight in question and (b) compare other flights leaving at the original and revised time to see if they too were impacted. If it's shades of grey then you're off the CEDR and they will work it out on the basis of balance of probability.
Interesting we had something similar happen but different. On our Miami flight in November we had two and a half hour delay due to one of NAV systems not working. Captain was brilliant talked us through the process including that the engineer had to return to T5 for a spare module etc. Once finished we where set to go, but then the Captain informed us in person that a passenger got ill and they wanted to offload her. This added another hour to the delay.
Once landed in Miami some time was made up but not much, our gate was occupied with an AA aircraft and we sat there waiting on the apron for another 25 minutes.

We put in a E261claim, a bit out of annoyance as our plans to meet up with old friends was ruined as we only had a 1 night layover with us leaving early in the morning. BA said the flight was delayed due to medical reasons. A bit odd ,as although it did happend, the medical evacuation lasted 45 min and happend after the tech issue was resolved. As mentioned in the other case if BA would have left on time we don't know what would have happend with the passenger. Off course we could have diverted and have an even bigger delay but we also could have continued to our destination. We left it at that in the end we had a great holiday and hope the ill person made a full recovery. But I always wonder if BA could get away in court with this point of view.
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Old Feb 12, 2020, 11:16 am
  #159  
 
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Hello, sorry this on this thread as is related to Iberia (so part of IAG). I have had a favorable ruling for AESA in terms of compensation and am due a 750 Euro payout. It advises me that the airline should contact me, but that I can contact them to speed the process up. Does anyone know who I contact and what I'd say in this case?

The reason I ask is that a few days ago got an auto email saying "you recently raised a complaint with us, please give feedback". I don't know what triggered this and how to access the original documentation sent.

Thanks kindly in advance and apologies for being slightly OT.
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Old Feb 12, 2020, 12:27 pm
  #160  
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Originally Posted by TTmex
Hello, sorry this on this thread as is related to Iberia (so part of IAG). I have had a favorable ruling for AESA in terms of compensation and am due a 750 Euro payout. It advises me that the airline should contact me, but that I can contact them to speed the process up. Does anyone know who I contact and what I'd say in this case?
Just contact Customer Relations at Iberia with the AESA outcome, I wouldn't wait for them. See the Iberia forum for more EC261 experience and information, for example this thread:
EU261 compensation claim
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Old Feb 12, 2020, 1:44 pm
  #161  
 
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Thank you. I did check the Iberia forum but is not the most active.

Appreciate the help as always
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Old Feb 12, 2020, 2:19 pm
  #162  
 
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BA935 delay DUS-LHR 10/02/20

I'd value your advice:
BA935 DUS-LHR was delayed on Monday morning from scheduled 07:10 to actual 15:14 departure. This was caused by diversion of the inbound aircraft to Vienna the previous evening due to high wind. The late arrival in Vienna and subsequent need to observe crew rest period resulted in an over 7 hour delay in returning the aircraft to DUS. I accept that all cancellations on Sunday and the diversion of the incoming flight were weather related, but am I wrong in saying that the delay on Monday morning was operational? There were plenty of other flights departing DUS for LON without delay on Monday morning.

So here's my question: Would you pursue a EUR 250 claim for compensation?

On a side note, we departed DUS without any catering and the service recovery of complimentary percy pigs in Club didn't help lift my sympathy for BA. They had 15+ hours to source catering in VIE or DUS or 8+ hours to tell the pax that there would be no catering.
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Old Feb 12, 2020, 2:31 pm
  #163  
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Make a separate claim for the catering, if you had be told in advance then you could have bought some food in DUS and charged that to BA instead. Getting ad hoc catering in VIE or DUS is a non-starter but they could have let you know in advance.

For the diversion impact, well I personally don't think that is going anywhere. If DUS was a BA base then it would be different I feel, but no airline would divert willingly, and by dint of the fact they went nearly 500 miles to Vienna rather than 300 miles back to London gives a clue to the extraordinary nature of that one. The nearest you can get is if you can make the case that there was more BA could have done to get you to London on the alternative services and with a delay under 2 or 3 hours, but usually BA's departures from DUS on Mondays run pretty full in normal conditions. Personally I don't think this is in scope but I shouldn't discourage you from trying.
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Old Feb 12, 2020, 2:44 pm
  #164  
 
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Duplicate

Last edited by TTmex; Feb 12, 2020 at 3:28 pm
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Old Feb 12, 2020, 2:59 pm
  #165  
 
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Many thanks CWS for your speedy reply. I might leave it at that. These compensation claims will end up on file and I always wonder if they might influence an act of goodwill in a situation where I might rely on it.
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