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

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

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Old Feb 13, 20, 1:11 am
  #166  
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Originally Posted by Amygdala28 View Post
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.
I made a successful compensation claim at the end of last year and recently received a free upgrade from economy to club, so I dont think theres influence on acts of goodwill.
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Old Feb 13, 20, 9:30 pm
  #167  
 
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I seem to have a knack for booking my flights for days with bad weather. I should reincarnate into a weatherperson at some point.

Wondering if I could get some advice before Storm Dennis hits, as I am still looking at possible claims from Storm Ciara.

So the story is that I was booked on a short haul European flight cancelled due to Storm Ciara, rebooked from CE to ET on a flight the next day. What I gather is that (1) I am not due any compensation for the delay because it is obviously weather-related; but(2)should get some recourse from the downgrade? Or is that also not due because the downgrade was a result of a flight cancelled due to weather? If compensation is due, I'm guessing I should just submit a claim online on ba.com. (3) Can I at least get TP/Avios for CE booking, even if I am downgraded to ET?

Also, as the flight left the next day, I also have some hotel/transport fees that I was wondering whether I could claim. BA "ran out of Heathrow hotel rooms", and I was told to book somewhere myself--which I did. But I gather from previous posts that it's a hit or miss re claiming back from BA. And as the Tube/Heathrow Express was down at some point, I ended up taking an Uber, which I'm also guessing cannot be reimbursed?

Thanks in advance if anyone has advice to offer.
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Old Feb 14, 20, 1:41 am
  #168  
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Originally Posted by 07L 25R View Post
So the story is that I was booked on a short haul European flight cancelled due to Storm Ciara, rebooked from CE to ET on a flight the next day. What I gather is that (1) I am not due any compensation for the delay because it is obviously weather-related; but(2)should get some recourse from the downgrade? Or is that also not due because the downgrade was a result of a flight cancelled due to weather? If compensation is due, I'm guessing I should just submit a claim online on ba.com. (3) Can I at least get TP/Avios for CE booking, even if I am downgraded to ET?
You are correct, no delay compensation seems to apply here, but reimbursement for the downgrade does apply. As mentioned up thread, there is both a Mennens calculation, which comes from EC261, and BA's own calculation. You should do the Mennens calculation based on your specifics and then see what BA offer in a few weeks time. You would need to apply for it via BA.com. It wouldn't surprise me if the BA calculation is better from the CE versus ET perspective. You should also get the Original Routing Credit, that's best explored in the thread of that name in the Dashboard, but I see no issue with that. You can claim the hotel, see upthread and the references to the 200 guideline, and there is a 50 guideline for taxis too. I must admit I wasn't aware of any issues on HEX and the tube last weekend other than on the Uxbridge branch (or TfL Rail for that matter), BA does presume on you using public transport, but they normally will pay lower level taxi/Uber etc fares.
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Old Feb 14, 20, 4:06 am
  #169  
 
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Hi all - hoping you can assist as I am not sure whether I am entitled to compensation on the following:

Received notification of flight cancellation on Sunday 9th February for my BA2759 AMS-LGW 10:55 on Monday 10th February. Got re-booked on the RTM-LCY at 19:00 10th February. Obviously flights were operationally affected due Storm Ciara, however it seemed majority of BA (and KL) flights to London that day were not cancelled/subject to minor delays. Do I have any entitlement to EC261 compensation in this situation?

Many thanks for the help.

Luke
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Old Feb 14, 20, 4:14 am
  #170  
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Originally Posted by lukecdw View Post
Obviously flights were operationally affected due Storm Ciara, however it seemed majority of BA (and KL) flights to London that day were not cancelled/subject to minor delays. Do I have any entitlement to EC261 compensation in this situation?
There were 95 cancellations on Sunday just for LHR https://www.flyertalk.com/forum/32050716-post287.html and significant delays for those flights which did operate.

I don't think there would be any hope of compensation that day, conditions were very severe and at certain points during the day beyond limits for aircraft to takeoff and land.

Tbh in your situation I wouldn't bother trying to claim.
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Old Feb 14, 20, 5:16 am
  #171  
 
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Originally Posted by KARFA View Post
There were 95 cancellations on Sunday just for LHR https://www.flyertalk.com/forum/32050716-post287.html and significant delays for those flights which did operate.

I don't think there would be any hope of compensation that day, conditions were very severe and at certain points during the day beyond limits for aircraft to takeoff and land.

Tbh in your situation I wouldn't bother trying to claim.
Thanks for your reply, KARFA. My flight was not originally on Sunday 9th February but on 10th February where many did fly. I was notified on 9th February of the cancellation on 10th February. Does this change anything? Thank you!
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Old Feb 14, 20, 5:20 am
  #172  
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Originally Posted by lukecdw View Post
Thanks for your reply, KARFA. My flight was not originally on Sunday 9th February but on 10th February where many did fly. I was notified on 9th February of the cancellation on 10th February. Does this change anything? Thank you!
Ah apologies I misunderstood. I think considering the knock on disruption from Sunday (lots of aircraft and crew were out of place due to diversions on Sunday) I suspect it wouldn't make much difference unless your flight was cancelled for some other reason such as a tech aircraft.
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Old Feb 14, 20, 5:28 am
  #173  
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Originally Posted by lukecdw View Post
Thanks for your reply, KARFA. My flight was not originally on Sunday 9th February but on 10th February where many did fly. I was notified on 9th February of the cancellation on 10th February. Does this change anything? Thank you!
The actual test here is whether BA did all they could to minimise the disruption to your journey. For the Sunday flights the evidence is overwhelming, but there were quite a few cancellations on Monday too apart from your flight, plus the weather wasn't great. There were at least 5 cancellations out of LCY on Monday to NL and Germany. So I don't think you have a strong case but I wouldn't necessarily deter you from asking for it so long as take on board that it's not likely to get anywhere. I suspect BA can dig up some weather stats to underline their case.
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Old Feb 14, 20, 5:43 am
  #174  
 
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Originally Posted by corporate-wage-slave View Post
The actual test here is whether BA did all they could to minimise the disruption to your journey. For the Sunday flights the evidence is overwhelming, but there were quite a few cancellations on Monday too apart from your flight, plus the weather wasn't great. There were at least 5 cancellations out of LCY on Monday to NL and Germany. So I don't think you have a strong case but I wouldn't necessarily deter you from asking for it so long as take on board that it's not likely to get anywhere. I suspect BA can dig up some weather stats to underline their case.
Thanks for the clarification here. I did suspect as much, but wasn't sure considering the circumstances. Funnily enough when they cancelled my flight they offered me no alternative online, and the urgent line was cutting out due to volume less than 12 hours prior to original departure. When eventually getting through I was offered a flight on Tuesday night or Wednesday morning, to which I suggested the same day 19:00 RTM-LCY a friend on the same flight had been automatically offered and was thanked for helping him do his job . I do feel for some they may have had to deal with that evening!

Thanks again.
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Old Feb 14, 20, 8:31 am
  #175  
 
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Question re delay EC/261 and BAs claim denial

Afternoon all,

I probably just need a yes/no - the sticky forum has been very helpful.

Background

BA cancelled an EDI/LGW flight BA2501 10 Feb at 4pm on 9 Feb - 17.5 hrs notice

I was booked on the same PNR to connect with another BA flight which was NOT cancelled.

Couldn't amend on MMB but call centre re booked me 48hrs later - same routing. No other London flights available as operating but full/wouldnt connect in time.

The equipment scheduled to operate the original service (Monday) never left LGW the previous day (Sunday).

On the Monday BA operated all London flights except two to LGW.

Read sticky forum, popped in a claim re EC261 due to the following info:

15) What about knock-on effects?

This relates to disruption caused by aircraft being in the wrong place, at the wrong time, leading to you being disrupted. For example if you are due to fly from Cape Town to London but your aircraft is still stuck in New York due to a blizzard. In that situation you should be entitled to compensation.



BA have today denied the claim:









Dear DazMan



Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to cancel your flight to London Gatwick on 10 February 2020. Your claim's been refused because BA2501 on 10 February 2020 was cancelled owing to adverse weather conditions.

Due to the weather conditions Air Traffic Control imposed restrictions on the number of flights that could arrive at London Gatwick . Although some flights were able to operate as normal, your flight was one of those we had to cancel.

Please be assured that we take all reasonable measures to avoid disruption to a flight and we always consider if there are any other alternative solutions before we make a decision. The cancellation was out of our control and caused unforeseen disruption to our schedule.




Thanks again for following this up with us. Please feel free to contact us if we can help you any further and I hope we have the chance to welcome you on board again soon.

Best regards


Are BA correct - Ive read this is often a fob off hoping Ill go away. Were there ATC restrictions and does that even matter if they didnt have a plane in Edinburgh

Thanks Forum
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Old Feb 14, 20, 11:15 am
  #176  
 
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I booked an Avios reward flight on 5th Jan 2020 through the BA app for a flight with partner airline IB from LHR - MAD - LEI with a mixture of Avios and cash for late Feb. It did not appear on my BA app despite having a BA booking reference, Yesterday I went onto the IB website to check seat selection and it told me that it had been cancelled. I had received no notification of this via email, call or text. When I called the GGL line (my first ever call to them) I was told that indeed my seat had been cancelled, and they had requested the seats again outbound and return. I was told the outbound would be fine, but all the reward seats had gone on the return date. BA had requested the seats again and mentioned my status, but couldnt guarantee anything, and in any case wouldnt know until Monday (1 week before departure).

If I am told next week there are now no reward seats left, and only revenue seats, do I have any recompense? I was not told about this cancellation, and could easily have just tried to check in for the flights 24h before and found out that the whole trip was potentially off!
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Old Feb 14, 20, 11:21 am
  #177  
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Originally Posted by DazMan View Post
Are BA correct - Ive read this is often a fob off hoping Ill go away. Were there ATC restrictions and does that even matter if they didnt have a plane in Edinburgh
I would give a very similar answer to this as in post 173 above, it's not entirely clear cut and arguments can go both ways on this. There were ATC restrictions that day (but that's quite common anyway), what matters is the "all reasonable measures" issue. I imagine - given we have now 2 examples of this - that BA won't be changing their mind on the Monday cancellations, so you're probably looking at CEDR or MCOL for this. Which may play to your advantage since both will operate on the basis of "balance of probabilities" as to whether BA did everything they could to minimise disruption.
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Old Feb 14, 20, 11:23 am
  #178  
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Originally Posted by Dicksbits View Post
I booked an Avios reward flight on 5th Jan 2020 through the BA app for a flight with partner airline IB from LHR - MAD - LEI with a mixture of Avios and cash for late Feb. It did not appear on my BA app despite having a BA booking reference,
Hopefully this is hypothetical, but the key question is did you get an e-ticket email or not. PNR doesn't mean you have a ticket. If you do have or had an e-ticket, and then Iberia cancelled it (which - incidentally - has certainly happened before) without giving 2 weeks notice then IB is on the hook for it. They may say they emailed you but anyway, let's hope you get rebooked.
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Old Feb 14, 20, 11:27 am
  #179  
 
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Originally Posted by corporate-wage-slave View Post
Hopefully this is hypothetical, but the key question is did you get an e-ticket email or not. PNR doesn't mean you have a ticket. If you do have or had an e-ticket, and then Iberia cancelled it (which - incidentally - has certainly happened before) without giving 2 weeks notice then IB is on the hook for it. They may say they emailed you but anyway, let's hope you get rebooked.
I have an email e-ticket receipt issue by BA on 5th Jan.

what annoys me is the flights are still running, so the IB website was a bit misleading on Manage booking when it said one or more of your flights has been cancelled. My theory is they over issued reward ticket availability, and just decided to cancel.
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Old Feb 14, 20, 12:52 pm
  #180  
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Originally Posted by Dicksbits View Post
I have an email e-ticket receipt issue by BA on 5th Jan.

what annoys me is the flights are still running, so the IB website was a bit misleading on Manage booking when it said one or more of your flights has been cancelled. My theory is they over issued reward ticket availability, and just decided to cancel.
The more usual reason for this happening is if it didn't fully ticket on the Iberia within the narrow window that Iberia gives for this. Given this was a fully automated booking this shouldn't happen, but if there was a glitch between BA and IB and it wasn't resolved within a short window, IB just cancels the ticket, and no-one follows up on this. It's more of a problem with manually processed bookings. Since you have an e-ticket then you are fully covered legally, Iberia will be the operating airline unless Iberia can prove that BA was at fault. If the GGL team can't resolve this then buy a cash ticket and seek a refund after travel.
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