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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 3, 20, 8:18 am
  #121  
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Originally Posted by TravelManBiz View Post
If I am due some EU261, would they then look at the distance between DOH and MAN or LHR and MAN? Let us say we where 3.5h late on scheduled arrival.
If you had a cancelled flight and BA didn't get you to MAN within 2 hours of delay then you potentially have a claim, and it's with BA not QR. You would only be looking at the short distance, realistically, so LHR-MAN.
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Old Feb 3, 20, 8:20 am
  #122  
 
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Originally Posted by corporate-wage-slave View Post
If you had a cancelled flight and BA didn't get you to MAN within 2 hours of delay then you potentially have a claim, and it's with BA not QR. You would only be looking at the short distance, realistically, so LHR-MAN.
Ok, so BA could not make a claim that it is on a QR PNR so actually not their problem? Event though last segment flown by BA?
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Old Feb 3, 20, 8:27 am
  #123  
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Originally Posted by TravelManBiz View Post
Ok, so BA could not make a claim that it is on a QR PNR so actually not their problem? Event though last segment flown by BA?
No because it's always the operating airline that is on the hook, and QR do not operate between London and Manchester. Full details in the posts at the start of the thread.
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Old Feb 3, 20, 8:28 am
  #124  
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Originally Posted by TravelManBiz View Post
Ok, so BA could not make a claim that it is on a QR PNR so actually not their problem? Event though last segment flown by BA?
It's the operating carrier who you claim from so if the delayed/cancelled flight is LHR-MAN on BA then that's who you claim from regardless of who ticketed it.
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Old Feb 3, 20, 9:39 am
  #125  
 
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Originally Posted by lax555 View Post
@Happychick and @want2beaqui

I was also on BA269 on 29 Jan and BA has already approved my 600 euros with zero pushback. Don't give up!

I was on the return BA268 on the 29th, which ended up leaving on the 30th at 1.11am arriving into LHR at 7.35pm. I applied for straight compensation and received the following rejection. "Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to delay your flight to London Heathrow on 30th January.

Your claim's been refused because BA0268 on 30th January was delayed because of a towing issue on the previous sector of the aircraft which was due to operate your flight.

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 delay 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".

This appears to contradict what others have been told about for the outbound flight. I intend to respond to this and try again.

Any suggestions?

Thanks!
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Old Feb 4, 20, 10:30 am
  #126  
 
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Originally Posted by corporate-wage-slave View Post
If there was no realistic First option offered then yes, it has to be a downgrade. You are perhaps - and understandably - jumping to conclusions that it has to go to CEDR. Just go to the Mennens formula calculation (see wiki), round it up to the nearest 10 and ask BA to pay that amount "in line with the Mennens Formula set out by the CJEU for EC261 downgrades". They will probably say that it needs to go the back office for calculation, this may take a few weeks. At some point either BA will offer the downgrade calculation or not, as the case may be. At that point it's best to go to CEDR rather than have a webform pingpong battle. The calculation made by BA may not look anything like Mennens but it may be OK for you all things considered.

My understanding of e-vouchers is that they can be used by person X to book for passenger Y (not just X). So it would be a bit surprising if they really can't use the voucher. But if it is useless, then send it back, but BA are entitled to show goodwill by whatever mechanism they choose.
Thanks - the thing with the voucher is that there seems to be restrictions on what countries that it can be used to/from, most of the countries on that list are the ones the family travels to and from.

We sent in a request for the EU261 compensation for the downgrade, and this was rejected by BA. The reply is as follows;
You're entitled to a refund for the difference in fare and an additional goodwill gesture from ourselves if we notify you in advance of an aircraft change or flight cancellation. As you arrived at the airport on the day of travel with a new confirmed Club World ticket, this means you're not eligible for a 75% refund of the fare paid for that portion of your journey as you were rebooked into the new cabin.

To be eligible for this, you must have turned up on the day of travel with your new Club World confirmed ticket and then be told you were downgraded as this is considered as an involuntary downgrade. As you accepted the downgrade two days before travelling, we offered you the voucher which you have been given in my previous correspondence and refunded you the difference between First and Club World.
I can see how BA are trying to interpret the legislation, but I am 99% sure this is wrong. Is it?

As I've said before, we (the pax and I, helping them!) are ready to to go to CEDR, although I'd rather we didn't get that far.

Last edited by shadowline; Feb 4, 20 at 10:37 am
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Old Feb 4, 20, 1:37 pm
  #127  
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Originally Posted by shadowline View Post
I can see how BA are trying to interpret the legislation, but I am 99% sure this is wrong. Is it?
I am at least 99% sure this is not in line with the wording or spirit of EC261. The criteria put down by BA (namely it's an on-the-day downgrade only) is simply not in the Regulation. So you either need to accept / renegotiate the goodwill gesture + difference or go CEDR. For the goodwill gesture you could ask for Avios instead of the e-voucher, they usually are happy to do that.
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Old Feb 6, 20, 1:05 am
  #128  
 
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Advice in Amman please

With a small group of friends, all from the USA, I'm in AMM, suffering the impact of BA146 AMM/LHR being cancelled because the plane (which got in safely from London last night) has gone badly tech - so fully and totally BA's fault. I can never get my head around compensation/refunds/etc, and I would be deeply grateful if someone more knowledgeable could comment/advise on the following three scenarios:
  1. I was due to fly AMM/LHR/ORD on BA146 and 297, in paid business class, and, on LHR/ORD an Avios upgrade to First. I have been rebooked on to the RJ AMM/LHR flight in business, and then on AA91 in business. I only arrive 90 mins or so late, but I have been downgraded from First to Business (there not being First on AA). What might I be entitled to by way of compensation/refund for this downgrade? Is it just my avios being refunded?
  2. Two friends are from Seattle, and were meant to be connecting on to the afternoon BA LHR/SEA. There being no viable connection to Seattle when the RJ flight lands, they have been rebooked on to BA49 tomorrow morning, and they have paid for a night in the Sofitel. I assume they can claim the hotel and meals. Are they also eligible for EU261, given they will arrive many many hours late?
  3. And two other friends, also from Seattle, were told that if they flew RJ to London they would be in economy, and refused that. So they were rebooked to their original flights/routing BA146/51 AMM/LHR/SEA the next day. They had paid First class tickets all the way (save AMM/LHR which has no First), but have been downgraded to Business on the LHR/SEA sector. I assume they get EU261 and hotel/meals costs. What do they get for the downgrade on their cash booking?
I know there are wise and experienced folk on here - we are all grateful for your advice and help - many thanks.
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Old Feb 6, 20, 5:51 am
  #129  
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1) You should be eligible for downgrade reimbursement using the Mennens formula, which is linked in to the Wiki of this thread. BA also have their own refund formula, but with the UuA aspect I'm not sure how that would work. In your shoes I would do a back of the envelope calculation of that, ascribing a value to the Avios of for example 1.5p per Avios, and adding to the CW fare. Then either ask for that specifically, or compare it to whatever BA offer. This may take some time (a few weeks).

2) The two delayed to SEA sound like they are in scope for the 600 delay payment, depending on exact timings.

3) For the others downgrades, same as reply 1 except that being revenue they may find BA's offer is more attractive, depending on the precise fare involved.

Right to care (etc) applies throughout for meals and hotel, so no issue there as far as I can tell.
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Old Feb 6, 20, 6:15 am
  #130  
 
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Originally Posted by lax555 View Post
@Happychick and @want2beaqui

I was also on BA269 on 29 Jan and BA has already approved my 600 euros with zero pushback. Don't give up!

Thanks for this. I have had an interesting conversation with customer relations. The data BA shared with the off shore call centre is as follows:

27 minutes technical fault
50 minutes crew member
54 passenger off load
165 air traffic control.

I am going to need to take this to CEDR.
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Old Feb 6, 20, 7:00 am
  #131  
 
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Originally Posted by Happychick View Post
Thanks for this. I have had an interesting conversation with customer relations. The data BA shared with the off shore call centre is as follows:

27 minutes technical fault
50 minutes crew member
54 passenger off load
165 air traffic control.

I am going to need to take this to CEDR.

I have just had a phone call from British Airways customer relations. The lady who I had originally spoken to called me back as she was concerned that BA was not giving a consistent message to customers. She found that some customers had been paid compensation and sought to find out the reason why. Somewhere within BA, a decision has been made to pay out compensation for flight 269. However, unless the person you speak to has the most up to date information or is willing to be proactive and investigate, you will have your claim denied. I was very fortunate with the person I spoke to and will write back to BA to highlight her excellent customer service. Thank you for all who helped me secure the compensation.
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Old Feb 6, 20, 7:57 am
  #132  
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Originally Posted by Happychick View Post
I have just had a phone call from British Airways customer relations. The lady who I had originally spoken to called me back as she was concerned that BA was not giving a consistent message to customers. She found that some customers had been paid compensation and sought to find out the reason why. Somewhere within BA, a decision has been made to pay out compensation for flight 269. However, unless the person you speak to has the most up to date information or is willing to be proactive and investigate, you will have your claim denied. I was very fortunate with the person I spoke to and will write back to BA to highlight her excellent customer service. Thank you for all who helped me secure the compensation.
Thanks for the update, and this also explains why it is sometimes best to leave it a few days before submitting a claim.
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Old Feb 6, 20, 11:13 am
  #133  
 
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Advice on EU + Israel delay

Hi all, I'd appreciate some advice on what to ask for... I was traveling TLV-LHR-MEX on 31 Jan all on BA. TLV-LHR was delayed about 4.5-5 hrs for mechanical issues, causing a missed connection. Booked onto the next direct on AM, which got me into MEX about 10-11 hours after my original arrival (on the following morning).

I believe I'm eligible for 600 euros under EC261 for the delayed arrival at MEX. Claiming this seems relatively straightforward. However how does the Israel law intersect with this? I don't think I'd be eligible for double compensation, and the law is a bit unclear to me. However it seems like a delay of this length would be eligible for 3000 shekels compensation, which is worth more than 600 euros.

All that said the Israel law is less clear and seems harder to claim. In my position what would you ask for from BA? Just EC261? Should I even reference the origination in TLV and Israel law?
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Old Feb 6, 20, 11:17 am
  #134  
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Originally Posted by leland View Post
All that said the Israel law is less clear and seems harder to claim. In my position what would you ask for from BA? Just EC261? Should I even reference the origination in TLV and Israel law?
If your home is Israel then I guess it makes sense to use the Israeli system, but if you are not then it makes more sense to claim EC261. As far as I can tell there is no way to avoid EC261, you can insist on that, but equally BA aren't going to entertain someone claiming for both. So I would make a simple claim, I would not reference the Israeli protection, and just keep it short. Give the dates, flight numbers and delay time at MEX and leave it at that.
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Old Feb 6, 20, 11:41 am
  #135  
 
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That's a great data point Happychick,

I was on BA268, so the return to London. At first I was denied, then I called to challenge their decision. After a couple of calls I was informed they would be honoring my claim, admitting they made an error in their original response. I'm waiting for the money to arrive in my account.

The question I have is, If I hadn't challenged their decision, would they have proactively reached out to rectify their decision?

Last edited by davewho??; Feb 6, 20 at 11:43 am Reason: Correcting typos
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