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

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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

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Old Feb 23, 2020, 8:52 am
  #211  
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Originally Posted by richardwft
Do you know of anyone who has been directly unsuccessful in CEDR or MCOL on this point?
Yes, for CEDR.
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Old Feb 23, 2020, 11:17 am
  #212  
 
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Originally Posted by corporate-wage-slave
Well the OP was a bit vague about exactly what was offered, the timings and how the cancellation was precisely handled. But yes, possibly they are still entitled to compensation [edit] unless BA's offer entailed a delay of less than 2 hours or an early departure of under 1 hour. The danger is that if you do this before the conversation with BA is had, then you become an ex-customer and only get a refund. It's probably best to reach out in this forum to be sure you're doing gives all the appropriate options. But if you don't give BA the chance to run though Article 5.1.iii then you may not get compensation. Now if the MUC timings were such that they support a claim then yes, the OP should get compensation.
The original LGW-INN was meant to land at 11:50 am. The LHR-MUC would’ve landed at 13:45. LHR-INN after 4 pm.

The conversation about options was had at BA’s ticket desk at LGW.

On the basis of the above, I believe I am entitled to compensation.
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Old Feb 23, 2020, 12:17 pm
  #213  
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Originally Posted by ringingup
The original LGW-INN was meant to land at 11:50 am. The LHR-MUC would’ve landed at 13:45. LHR-INN after 4 pm.

The conversation about options was had at BA’s ticket desk at LGW.

On the basis of the above, I believe I am entitled to compensation.
Yes, it does look like you have a good case there since it wouldn't be possible on those options to get to INN before 13:50 hrs. Hopefully they will approve this quickly.
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Old Feb 23, 2020, 12:47 pm
  #214  
 
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Originally Posted by corporate-wage-slave
Yes, it does look like you have a good case there since it wouldn't be possible on those options to get to INN before 13:50 hrs. Hopefully they will approve this quickly.
Thanks! Just to confirm - I cannot claim for the replacement flight I purchased, can I? My insurance should be able to cover, however it will be difficult to calculate the difference between the cost of the EasyJet flight and the Avios flight with the Lloyds voucher.
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Old Feb 23, 2020, 12:55 pm
  #215  
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Originally Posted by ringingup
Thanks! Just to confirm - I cannot claim for the replacement flight I purchased, can I? My insurance should be able to cover, however it will be difficult to calculate the difference between the cost of the EasyJet flight and the Avios flight with the Lloyds voucher.
BA certainly won't be paying that bill, given they offered 2 alternatives. I can't see CEDR supporting you either, and even going to MCOL would seem unlikely to be successful to me. Had you taken the LHR flight then you would have got compensation and the free rebooking, but if you rebooked it yourself I don't think you would be able to claim it via EC261.
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Old Feb 25, 2020, 2:57 am
  #216  
 
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Originally Posted by corporate-wage-slave
BA certainly won't be paying that bill, given they offered 2 alternatives. I can't see CEDR supporting you either, and even going to MCOL would seem unlikely to be successful to me. Had you taken the LHR flight then you would have got compensation and the free rebooking, but if you rebooked it yourself I don't think you would be able to claim it via EC261.
Oh really? That is annoying. So if the airline is not willing to put you an a flight that would arrive without a 2+ hours delay and you decide to buy an alternative flight yourself, then you would end up out of pocket.
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Old Feb 25, 2020, 5:07 am
  #217  
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Originally Posted by ringingup
Oh really? That is annoying. So if the airline is not willing to put you an a flight that would arrive without a 2+ hours delay and you decide to buy an alternative flight yourself, then you would end up out of pocket.
That's my reading of the situation, unless BA could not or would not offer a rebooking within 24 hours. In reality two offers involving a relatively short delay of around 4 hours (which would generate compensation) would probably be considered reasonable. By all means give it a go, if you're willing to go the MCOL route, but it doesn't fit the bill as a slam dunk.
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Old Feb 25, 2020, 7:50 am
  #218  
 
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Originally Posted by corporate-wage-slave
That's my reading of the situation, unless BA could not or would not offer a rebooking within 24 hours. In reality two offers involving a relatively short delay of around 4 hours (which would generate compensation) would probably be considered reasonable. By all means give it a go, if you're willing to go the MCOL route, but it doesn't fit the bill as a slam dunk.
they’ve just rejected the claim. If I’m on the wrong side of the legislation, there’s no point pushing harder.

I will try with the travel insurance. Amex should cover the difference between the EasyJet ticket and the refunded Avios ticket.
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Old Feb 26, 2020, 5:08 am
  #219  
 
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Angry Really Need Help: Denied Boarding Wrongly & Denied compensation from BA & CEDR

My 22-month old twins and I were denied boarding even though this would have been the 5th flight they would have flown with me as the only adult traveling with them. They always travel in their own child fare seats and, of course, always travel in airline approved car seats. I was told by BA staff that the dispatcher was not in the mood to allow my twins without an adult dedicated to each of them on that day because the flight was fully booked and decided to deny me boarding. This is contrary to BA policy where that requirement only applies on babies under 6 months. As a result, instead of going to Mumbai, I had to go home and i was made to purchase an additional ticket for my sister to fly from Mumbai for two days just to escort us from LHR to BOM. Also, nobody told me that this would be an issue when I booked the tickets on the phone, and nobody in Passenger Medical Clearance Unit who books my inflight oxygen (for preventative use) raised any issues with it. There was much debate amongst BA staff at the Boarding Gate and all of these make it clear that the decision to preclude my boarding was arbitrary because some dispatcher on the phone didn't feel comfortable with my flying with my twins alone despite having their own seats. This discrimination has cost me a lot above the monetary expenses claimed. My sister had to shut down her business for 5 days and has thereby lost thousands of pounds of income. My twins and I have had to suffer in a number of ways. For example, I was intending to see my aunt as soon as I arrived in Mumbai as she was unwell, and she passed away on the 17th of November. So, I neither got to see her alive or attend her funeral due to this ridiculous delay. The primary reason given for denying me boarding was that the children were not allowed to sit in their own seats in the car seats during takeoff and landing, as they have done on every prior flight. When we flew on the 23rd, I have footage of them sitting in their car seats!

CEDR's response: CEDR completed the initial assessment and concluded that this application falls within the scope of the Scheme as per Rule 4.1.1.

BA hired a lawyer to provide a response as to why they do not owe us any money.

Would truly appreciate advice.
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Old Feb 26, 2020, 5:54 am
  #220  
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Originally Posted by Nina Merchant
Would truly appreciate advice.
Welcome to Flyertalk and welcome to the BA forum Nina Merchant, it's good to see you here. The incident seems a bit strange to me on a number of fronts, but it's certainly allowed for adults to bring multiple children with them. The car seat area is a bit complex, but essentially the flight deck or Cabin Service Director / Manager should between them have found a solution to the problem, either involving or not involving the car seat. The relevant guidelines are here:
https://www.britishairways.com/en-gb...travel/seating

I suspect there is a lot more detail to this story, but in essence it would be IDB if you were denied boarding for a reason not obvious in the link above. Having said that, if you have submitted a case to CEDR - we normally hear from people before they have structured their complaint to CEDR - then there isn't a lot we can do until we see BA's detailed reply, which will typically take 2 weeks. By all means share that before replying since it's possible that we can be specific on guidance.
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Old Feb 26, 2020, 6:28 am
  #221  
 
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Worth pushed for compo in the following scenario?
Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to cancel your flight to London Heathrow on 17 February 2020.
Your claim's been refused because BA309 on 17 February 2020 was cancelled due to flight crew being out of hours and displaced due to adverse weather conditions, and HAL IT issues that is used for check-in.
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Old Feb 26, 2020, 6:47 am
  #222  
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Originally Posted by AleTrail
Worth pushed for compo in the following scenario?
Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to cancel your flight to London Heathrow on 17 February 2020.
Your claim's been refused because BA309 on 17 February 2020 was cancelled due to flight crew being out of hours and displaced due to adverse weather conditions, and HAL IT issues that is used for check-in.
Probably not the strongest case, it was a near impossible day at LHR and very little of it was under BA's control. The crew being out of hours, from BA's main hub, is their weakest argument, I am surprised they mentioned it. But the HAL breakdown and weather conditions from Storm Dennis is a matter for the public record. I have urged people to try to recover their Passenger Service Charge from HAL but that's the best I can suggest - and that's £13.81
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Old Feb 27, 2020, 9:05 am
  #223  
 
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So Finally, having been rejected for compensation for cancelled flights by BA in 2017 and then at CEDR in 2018 for the RR engine issues I have had the judge rule in my favour this month! Persistence has paid off. Will put details on here when received and if I can.
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Old Feb 27, 2020, 11:01 am
  #224  
 
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What was your process?

Originally Posted by baileysserpant
So Finally, having been rejected for compensation for cancelled flights by BA in 2017 and then at CEDR in 2018 for the RR engine issues I have had the judge rule in my favour this month! Persistence has paid off. Will put details on here when received and if I can.
pelase share details....... Need to respond to my rejected claim through cedr by March 3
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Old Feb 27, 2020, 11:06 am
  #225  
 
Join Date: Jun 2016
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Use a claim service after compensation claim rejected?

CEDR said my compensation claim was valid but then BA rejected it. Can I use a claim service now?
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