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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 Jun 27, 22, 2:27 pm
  #1531  
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Originally Posted by adfg View Post
Would somebody be able to assist with the reason for cancellation of BA2787 on 02/06/22 ?
Thanks
unfortunately the reason codes on expertflyer are only available for a few weeks after the flight, so i can't see anything for this.

this is BOD-LGW. at a guess i suspect it is possibly lack of crew, but there has been some industrial action in France recently too, see here BA2787 - 17/06 - Cancellation reason
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Old Jun 27, 22, 2:58 pm
  #1532  
 
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Update on the below as I’ve now had it settled by BA.

For the delay, £340 each.

They initially didn’t do anything re the lack of catering, so I reminded them that this was also part of my claim. Tonight I’ve had a response, and 10000 Avios credited for that which I’m pretty happy with.

Am confirming that my fellow passenger has also received Avios, otherwise I’ll chase that.

Originally Posted by Monium View Post
Evening all,

Before I start my claim with BA I thought I’d consult the collective wisdom here as to what we’re entitled to.

Flew LHW-CTA yesterday, arrived around 3.5 hours later than scheduled.

Reason: original aircraft “went tech” so the first aircraft we were put on had been “got
out of the shed” (according to the crew…). We sat on that for a bit, before they decided they couldn’t get it working, so they were going to put us on the ‘original’ aircraft, having decided it was ok after all.

The snag was: in order to get us in the air, no catering at all was on board the aircraft that (successfully although late) got us to our destination.

We had no indication of lack of catering at any stage, either when waiting on the first aircraft, when being told we were changing aircraft or at any time until we were already in the air en route to CTA. So, for a flight that was scheduled to leave at 1455, but actually pushed back from stand and LGW almost
4 hours late, we had nothing but water and a bag of nuts.

What, if anything, is due by way of compensation for the lack of catering on the flight? I know the 3+hr delay kicks in so we’re due the relevant amount for that, but wonder if there’s anything else I should be adding to my email to BA?

Many thanks as ever.
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Old Jun 27, 22, 3:09 pm
  #1533  
 
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Originally Posted by KARFA View Post
unfortunately the reason codes on expertflyer are only available for a few weeks after the flight, so i can't see anything for this.

this is BOD-LGW. at a guess i suspect it is possibly lack of crew, but there has been some industrial action in France recently too, see here BA2787 - 17/06 - Cancellation reason
Thanks for checking.
Sorry, it is of course in the future (this coming Saturday) . Will it show then?
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Old Jun 27, 22, 3:52 pm
  #1534  
 
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Originally Posted by KARFA View Post
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.
Many thanks - I've gone back and challenged their interpretation. Hopefully somebody just misunderstood .............
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Old Jun 28, 22, 3:53 am
  #1535  
 
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BA0367 on July 1 2022

I was originally booked on BA367 MRS-LHR for this Friday, July 1. On Friday last week I received a notification that it was cancelled (so a week ahead of time). I was rebooked (thankfully very easily on the website) on BA369 the same day, but it is scheduled to depart and arrive 7.5 hours after my original flight. If I am understanding correctly, I might have an EC261 claim for the cancelled flight and rescheduled arrival more than four hours later than originally scheduled, depending on the reason for the cancellation? So I am wondering if anyone could help look up why BA367 was cancelled for this Friday, and if I am understanding all of this correctly...I am US-based and new to this forum and the whole world of EC261 polices Many thanks for any help or advice!
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Old Jun 28, 22, 4:45 am
  #1536  
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Originally Posted by beaner01 View Post
I was originally booked on BA367 MRS-LHR for this Friday, July 1. On Friday last week I received a notification that it was cancelled (so a week ahead of time). I was rebooked (thankfully very easily on the website) on BA369 the same day, but it is scheduled to depart and arrive 7.5 hours after my original flight. If I am understanding correctly, I might have an EC261 claim for the cancelled flight and rescheduled arrival more than four hours later than originally scheduled, depending on the reason for the cancellation? So I am wondering if anyone could help look up why BA367 was cancelled for this Friday, and if I am understanding all of this correctly...I am US-based and new to this forum and the whole world of EC261 polices Many thanks for any help or advice!
expertflyer only shows a few days ahead. atm it is showing to 30 June, so hopefully it should show tomorrow.
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Old Jun 28, 22, 5:13 am
  #1537  
 
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It's been over 2 months since my flight was cancelled with 3 days notice and am looking at making a CEDR claim as BA no longer respond. I have a question about how much to claim for in my situation. It was Berlin- London-Toronto (all on BA) but it was the BER-LHR leg that was initially cancelled, leading to the whole trip being cancelled. Is the claim for a short or long haul cancellation?
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Old Jun 28, 22, 5:59 am
  #1538  
 
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Originally Posted by NickB View Post
I am afraid that you are mistaken on this, CWS: case C-188/20 (The Azurair one) was a rescheduling but case 270-20 (the Austrian airlines one) was a cancellation and re-route on an earlier flight and the Court adopted the same solution for both without making any distinction whatsoever between the two cases. Moreover, according to the Court, rescheduling a flight more than an hour earlier is treated as a cancellation in any event (see paras 69 to 87 of the same case) so there cannot be any distinction to be made between rescheduling earlier and cancelling and rerouting on an earlier flight for the purposes of Reg 261/2004 entitlement. Thirdly, if you look at the reasoning of the Court in the relevant part of the case, and in particular para 92, you will note that the Court speaks of "offering re-routing", which would therefore include cancellation.

I do not think that the case could be any clearer that, if the passenger leaves earlier, whether as a consequence of cancellation and rerouting or as a consequence of rescheduling the same flight at an earlier time, Art 7(2) does not apply and the airline cannot reduce the compensation by 50%.
I am in the situation of having been cancelled and offered an earlier flight outside the limit permissible for the length of flight and time of cancellation. I have submitted my claim and explained why the 50% reduction is not applicable (I even attached a copy of the ECJ press release !). Time will tell what this produces.

I was looking at the CAA website, to see whether that would assist in any future argument, but it seems to be wrong in relation to cancellations 7 - 4 days in advance (it adopts the 50% discount explicitly rejected by the ECJ) and is gobbledygook in relation to cancellations with less than 7 days notice (the table seems to relate to delays not cancellations): https://www.caa.co.uk/passengers/res...cancellations/ .

Has anyone received any clarification or assistance from the CAA, or got any idea how to go about getting such clarification (beyond e-mailing a generic e-mail address)?
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Old Jun 28, 22, 1:15 pm
  #1539  
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Originally Posted by englisha View Post
It's been over 2 months since my flight was cancelled with 3 days notice and am looking at making a CEDR claim as BA no longer respond. I have a question about how much to claim for in my situation. It was Berlin- London-Toronto (all on BA) but it was the BER-LHR leg that was initially cancelled, leading to the whole trip being cancelled. Is the claim for a short or long haul cancellation?
That's a BER-YYZ trip so it's potentially the 600€ amount per person.
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Old Jun 29, 22, 7:51 am
  #1540  
 
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I cant find them just now but recall a few posts upthread about BA still not paying compensation after ~3 weeks. I just got my second (i.e 2 weeks since claim) "we are on the case" email from BA for compensation. Is there any general rule as to how long I should give them to actually respond? They don't appear to have a number I can call them from and I suspect BAEC won't be able to assist.
Thanks
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Old Jun 29, 22, 8:03 am
  #1541  
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Originally Posted by TangoOneSeven View Post
I cant find them just now but recall a few posts upthread about BA still not paying compensation after ~3 weeks. I just got my second (i.e 2 weeks since claim) "we are on the case" email from BA for compensation. Is there any general rule as to how long I should give them to actually respond? They don't appear to have a number I can call them from and I suspect BAEC won't be able to assist.
Thanks
Between 1 and 14 weeks at the moment. Easy / shorter / status submissions are being dealt with more rapidly than long / complex cases. After 8 weeks you can go to CEDR, and at any point you can go to MCOL, if you wamt to speed things up a bit.
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Old Jun 29, 22, 9:30 am
  #1542  
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Originally Posted by corporate-wage-slave View Post
Between 1 and 14 weeks at the moment. Easy / shorter / status Some submissions are being dealt with more rapidly than long / complex cases others. After 8 weeks you can go to CEDR, and at any point you can go to MCOL, if you wamt to speed things up a bit.
Sorry c-w-s, I've corrected that for you... doesn't seem to be any rhyme or reason...
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Old Jun 29, 22, 11:02 am
  #1543  
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I’m really fed up with those cretins. As reported earlier, I won my case at cedr in full and the adjudicator ordered Ba to pay the £350 compensation.

ba just posted to say they have transferred me… £340 (no typo) based on the conversion of €400. The ruling was clear about the amount, which was the one requested, the trip was from the uk, the bank account is in the uk, they are just being obstructive and petty. I don’t really care about the £10 but I find this wholly unacceptable as a matter of principle and will write back.I really think they should be considered in contempt of the cedr binding ruling if there is such a thing.
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Old Jun 29, 22, 11:26 am
  #1544  
 
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Originally Posted by orbitmic View Post
I’m really fed up with those cretins. As reported earlier, I won my case at cedr in full and the adjudicator ordered Ba to pay the £350 compensation.

ba just posted to say they have transferred me… £340 (no typo) based on the conversion of €400. The ruling was clear about the amount, which was the one requested, the trip was from the uk, the bank account is in the uk, they are just being obstructive and petty. I don’t really care about the £10 but I find this wholly unacceptable as a matter of principle and will write back.I really think they should be considered in contempt of the cedr binding ruling if there is such a thing.
I don't think contempt will assist you, but a Statutory Demand might get their attention ! Sadly you won't be able to follow up with a winding-up petition as you are very well below the relevant threshold, but I suspect that service of the Stat Demand would at least get the issue referred up the tree
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Old Jun 29, 22, 11:37 am
  #1545  
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Originally Posted by Frequentflyer99 View Post
I don't think contempt will assist you, but a Statutory Demand might get their attention ! Sadly you won't be able to follow up with a winding-up petition as you are very well below the relevant threshold, but I suspect that service of the Stat Demand would at least get the issue referred up the tree
To be honest, so far, I have merely tersely answered and hope that the CEDR notice the discrepancy when they check compliance (I can't see if I have a way of communicating with them as now it looks like the only messages options open on the website are to the airline since I accepted the CEDR's decision). Contempt was a figure of speech, but I do find BA's behaviour frankly shocking. They should consider themselves lucky that with CEDR the worst that ever happens to them is to have to pay what they should have paid all along and with money they wrongly kept on their account for months. They do not even have the decency to then pay what the adjudicator asks them to.
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