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The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004

The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004

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Old Aug 6, 22, 6:55 am   -   Wikipost
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Old Jun 26, 22, 3:13 pm
  #1516  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Originally Posted by zip10001 View Post
I missed my connecting flight AA 141 (LHR-JFK) since I had only 1h to make the connection.
Rebooked by AA EXP desk on Monday June 27, so I will arrive at JFK about 18 hours later than expected.
It's BA you would approach for this, but you may struggle on this one, at least inside BA. Usually BA takes the view that if you fall below MCT on a tight connection then it's the airport they blame for not getting you through the system fast enough. You only had about 20 minutes leeway on this, and you went a bit over this. I can see BA not paying this one. It's worth trying since it's possible CEDR will see this as more BA's actions / more that BA could do to assure the flight. Hopefully you have been given hotels and food arrangements.
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Old Jun 27, 22, 2:06 am
  #1517  
 
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I was originally due to fly LCY-FAO yesterday, 26/6. 1240-1540. I could’ve spent the morning with my daughter and left for the airport around 1130.
On Thursday evening, so within 7 days, the flight was cancelled and I was auto rebooked on LHR-FAO on the same day, 1350-1640
Due to the rail strike and predicted T3 chaos I left home at 0820. T3 was a nightmare…queues all along the ground floor for security. I retreated to the haven of the QF and CX lounges.
Due to lack of staff at LHR, the inbound aircraft spent over an hour sitting on the taxiway (I could see it from the lounge), we pushed about two hours late and we eventually arrived in Faro at 1856. So 3 hours beyond the original schedule.
I’ve put a claim in for both the cancellation and the delay, is this correct? And roughly how much should I expect?
This is the first time in 39 years of flying BA I have made a claim for compensation in this way. My patience is finally exhausted.
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Old Jun 27, 22, 2:32 am
  #1518  
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Originally Posted by BahrainLad View Post
I
I’ve put a claim in for both the cancellation and the delay, is this correct? And roughly how much should I expect?
It's certainly only one claim, for cancellation, since the rebooked service was not 3 hours late from that aircraft's schedule. I think filing for both cases would be a mistake because you could get into a loop about that and BA will be able to say "we weren't delayed 3 hours". The cancellation one is a bit tricky since the way it's worded, you were rebooked within the allowed timings, so no compensation there, and what's more the requirement is against the schedule, not the actual. Now I would file for this as a single claim for cancellation compensation, since it's possible BA would just pay it if they don't spend much time on the claim (whereas putting in for 2 claims is almost asking for trouble - they will stare down the details). If they don't then you best go MCOL because I can see CEDR won't see the broader picture, and there are some bits of the CJEU rulings, such as the TAP case, that I cannot see them reading across. Whereas at MCOL I can see that happening. Moreover BA won't want to defend this case and probably don't have the capacity to do so either. If successful this would be 400€.
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Old Jun 27, 22, 2:34 am
  #1519  
formerly JackDann
 
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Just checking with any of the legal bods here - I want to raise an MCOL on behalf of a family member, but appears that I am unable to do so unless I am "a legal representative as defined by CPR 2.3"

I'm assuming then that this isn't actually possible unless i'm a registered legal professional (I am not unfortunately!).
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Old Jun 27, 22, 3:24 am
  #1520  
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Originally Posted by JackDann View Post
Just checking with any of the legal bods here - I want to raise an MCOL on behalf of a family member, but appears that I am unable to do so unless I am "a legal representative as defined by CPR 2.3"

I'm assuming then that this isn't actually possible unless i'm a registered legal professional (I am not unfortunately!).
Only the person seeking recourse from the court is permitted to file a complaint. That complaint may be prepared and filed by a qualified legal representative. Nothing stopping you assisting the person complete their application provided you do not accept payment.
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Old Jun 27, 22, 8:15 am
  #1521  
 
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Originally Posted by Erwin10 View Post

As a reference for others, had a flight cancelled night before actual flight. Rebooking engine rebooked me for next morning, but managed to rebook myself to a flight 2.5 hours earlier. Requested EU261/UK261 and today received confirmation that they will transfer me full amount instead of 50%. Good outcome Took them just over a week to reply.
Had exactly the same circumstances but the opposite outcome. Flight cancelled, rebooked on flight departing 2hrs 30mins earlier. EU261 submitted - took four weeks to say no as "you were less than three hours late" (work that out !!!) Is it just who's desk it lands on and so a lottery as to the answer ?
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Old Jun 27, 22, 9:08 am
  #1522  
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Originally Posted by petez View Post
Had exactly the same circumstances but the opposite outcome. Flight cancelled, rebooked on flight departing 2hrs 30mins earlier. EU261 submitted - took four weeks to say no as "you were less than three hours late" (work that out !!!) Is it just who's desk it lands on and so a lottery as to the answer ?
What was the timing of the departure and arrival of your new flight compared to your old one? How much notice were you given of the cancellation?

It sound like they applied the threshold of 3 hours for a delay, whereas yours was a cancellation.
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Old Jun 27, 22, 10:22 am
  #1523  
 
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Originally Posted by KARFA View Post
What was the timing of the departure and arrival of your new flight compared to your old one? How much notice were you given of the cancellation?

It sound like they applied the threshold of 3 hours for a delay, whereas yours was a cancellation.
Or that Erwin's rebooked flight was 24 hours later than the cancelled flight?
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Old Jun 27, 22, 11:48 am
  #1524  
 
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Originally Posted by sayling View Post
Or that Erwin's rebooked flight was 24 hours later than the cancelled flight?
I got automatically rebooked to next day, but then managed to rebook to an earlier flight on original day before, so no. It was 2 hours and 35 mins earlier.
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Old Jun 27, 22, 12:06 pm
  #1525  
 
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Originally Posted by KARFA View Post
What was the timing of the departure and arrival of your new flight compared to your old one? How much notice were you given of the cancellation?

It sound like they applied the threshold of 3 hours for a delay, whereas yours was a cancellation.
Originally Posted by Erwin10 View Post
I got automatically rebooked to next day, but then managed to rebook to an earlier flight on original day before, so no. It was 2 hours and 35 mins earlier.
So that's a rebooked rebooked flight that departed 2h 35 min earlier than the original original flight, then?
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Old Jun 27, 22, 1:09 pm
  #1526  
 
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I was on BA328 from LHR-CDG a few weeks ago that arrived in CDG over 3 hours late. Ground staff told us that the reason for the delay was because there was no flight crew.

I've submitted an EC261 claim which has been rejected twice:

First attempt was rejected because the delay was 'operational' (EF had the code ZO)

Second attempt (reply to the first rejection) was rejected because of bad weather which resulted in 'the airport' be closed.

I've replied with a list of short haul flights around the same time as BA328 that were delayed slightly on depearture but managed to arrive within a reasonable time after their scheduled arrival (within 30-45 mins), highlighting that BA328 was the only flight around that time that arrived more than 3 hours late.

Also a list of arrivals in CDG around the scheduled arrival time, most of which landed ahead of schedule.

Lastly, there was an AF flight that departed about an hour after our scheduled departure and was able to arrive in CDG on time (2 hours before BA328 actually landed)

Is there anything else I should be highlighting to them to support my case?

I'm expecting another rejection but let's see.
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Old Jun 27, 22, 1:41 pm
  #1527  
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My general view is that it's not worth getting into a dialogue with BA and after confirmation their answer will not change then look to CEDR or MCOL, because at that point BA will have to open up their information more comprehensively that Customer Relations seem able to do / have time to do. Now once in a blue moon BA does capitulate and review a past decision and overturn it. But it happens so infrequently that I usually suggest save your powder for CEDR / MCOL and don't spend too long on a slow dialogue with Customer Relations.
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Old Jun 27, 22, 2:00 pm
  #1528  
 
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Originally Posted by KARFA View Post
What was the timing of the departure and arrival of your new flight compared to your old one? How much notice were you given of the cancellation?

It sound like they applied the threshold of 3 hours for a delay, whereas yours was a cancellation.
Original was 13:35hrs and landing at 19:20hrs and rebooked was same day 11:10hrs and scheduled landing at 17:00hrs (actual was about 20 mins early).
I had 13 days notice.
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Old Jun 27, 22, 2:15 pm
  #1529  
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Originally Posted by petez View Post
Original was 13:35hrs and landing at 19:20hrs and rebooked was same day 11:10hrs and scheduled landing at 17:00hrs (actual was about 20 mins early).
I had 13 days notice.
Thanks. So for notice of a cancellation at 13 days you are entitled to compensation unless what you are offered rebooking which allows you to "depart no more than two hours before the scheduled time of departure and to reach their final destination less than four hours after the scheduled time of arrival". It seems you were rebooked on a flight which departed more than 2 hours before your originally scheduled time. Of course the reason for the cancellation may be relevant as well.

I think your response from BA incorrectly refers to less than 3 hours delay. Personally I would go back and challenge them as they aren't assessing it correctly.
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Old Jun 27, 22, 2:24 pm
  #1530  
 
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Would somebody be able to assist with the reason for cancellation of BA2787 on 02/06/22 ?
Thanks
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