Last edit by: corporate-wage-slave
Link to the full original text of the regulations in PDF format
Downgrades: Mennens case - calculation formula is in this post
Brexit and Covid pointers: see post 8
Click here for last year's (2020) thread.
Downgrades: Mennens case - calculation formula is in this post
Brexit and Covid pointers: see post 8
Click here for last year's (2020) thread.
The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004
#1636
Join Date: Dec 2016
Programs: BAEC GGL/CR; Hilton Diamond; Mucci des Puccis
Posts: 5,609
I get the impression that the EC261 team probably work off the cancellation code and nothing else. So if it says OPEY (Operational and 'yes' for compensation) you'd get compensation, but if it says OPEN (operational and 'no'), you won't, but they have no further information to go on and don't go off looking - the idea being someone has already made a judgement. And hence the terse reason given.
So if you don't already know the underlying reason you need to flush it out, for which CEDR works ok given time in my experience. I think also you're past the deadline where you can unilaterally raise it with CEDR, though I'd check back with BA first personally, usually this is quick once the communcations channel has opened.
So if you don't already know the underlying reason you need to flush it out, for which CEDR works ok given time in my experience. I think also you're past the deadline where you can unilaterally raise it with CEDR, though I'd check back with BA first personally, usually this is quick once the communcations channel has opened.
#1637
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,796
I also have a hunch that the CR team doesn't have the time to delve too much into any case. Hence OPER = OPEN = decline.
#1638
Join Date: Jun 2011
Location: CMH, BOS
Programs: DL Plat
Posts: 16
BA367 on July 1
Then on July 1, I double checked MMB just before leaving for the airport in MRS, and got a "potential service disruption" message and the option to rebook. I didn't think that boded well and arriving during the day on Sat was going to be easier for me logistically than if it had gotten really late on Friday, so I took the option to rebook for BA367 on Sat July 2 instead. (In the end BA369 went more than three hours late on Friday evening and BA367 actually went on time on Sat July 2, so it worked out!)
I'm mostly wondering if I have an EC261 claim for the cancellation of BA367 on July 1 and the rebooking options being > 3 hours later at best. Any info or advice would be much appreciated, and thanks for everything I have already learned from the forum!
#1639
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,796
I can't see anything for BA367, which is typically the case for cancellation made long before the scheduled operational day. I would assume it was cancelled due to a shortage of staff.
#1640
Join Date: Jun 2011
Location: CMH, BOS
Programs: DL Plat
Posts: 16
Ahhh, thank you! (I could see in flightradar24 that the status is listed as unknown rather than cancelled.) I think I will just file the claim and see what happens, and update here. Thanks again!
#1641
Join Date: Sep 2016
Location: Bristol
Programs: BA Silver, Hilton Gold, Caesars Diamond
Posts: 921
I read on a site;
”As a general rule of thumb:
————-
If the delay is a result of a late incoming aircraft because of airport strikes at the previous airport for the incoming flight, that’s a mix of the above. Would they be expected to make contingency plans due to knowing about the strikes, and thus be liable for delay compensation?
”As a general rule of thumb:
- Weather delays, air traffic control delays, delays due to strikes, delays due to political instability, etc., would be considered extraordinary circumstances, so EU261 compensation wouldn’t apply
- A mechanical problem, a late inbound aircraft, a crew-related delay, etc., wouldn’t be considered extraordinary circumstances, so EU261 compensation would apply
————-
If the delay is a result of a late incoming aircraft because of airport strikes at the previous airport for the incoming flight, that’s a mix of the above. Would they be expected to make contingency plans due to knowing about the strikes, and thus be liable for delay compensation?
#1642
Join Date: Jul 2013
Programs: BA GGL/CCR, Hilton Diamond *, IHG, Couples Romance Rewards
Posts: 2,350
This was ba 579 from Venice to London cancelled 8 days before scheduled departure.
mrs firstlight and miss (doctor in training) firstlight returned from Venice today and we've just put in a claim for 250 euros each as their replacement flight scheduled departure was 5 1/2 hours before the cancelled flight. Should be an easy one for BA but we'll see.
If the flight gets cancelled on the day, or day before then the Amadeus scrape, used by ExpertFlyer, will normally give a cancellation code. If the cancellation is some distance off then it won't get a mention in Amadeus, which is intended for operational use by ground staff. So I imagine this is "lack of resources" once again, and would apply for cancellation compensation if there was no alternative offered within the relevant timeframe.
#1643
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,796
If the delay is a result of a late incoming aircraft because of airport strikes at the previous airport for the incoming flight, that’s a mix of the above. Would they be expected to make contingency plans due to knowing about the strikes, and thus be liable for delay compensation?
#1644
Join Date: Mar 2004
Location: London, UK
Posts: 5,105
Advice on next steps in my claim agains BA
Apologies for yet another claim thread. Almost a month ago our return flight FLR-LCY was cancelled, and the forum was great in helping us navigate our options in real-time . While ba.com was offering replacement flights 2 days later, we were able to get home FCO-LHR the following day. We submitted a claim for compensation; hotels; food that night; taxi to Florence station; trains to FCO from FLR; and transport back from LHR to home (we live near LCY). Now BA has come back as follows:
It seems obvious to me they should have paid for our food while we were stranded in Florence. But what about our car back from LHR to home? That cost £90 but again, there were 4 of us, so cheaper than HEX. And we didn't want to fly into LHR, we chose LCY for a reason!
What about the payments they have agreed to? I am unclear whether they should be paying me UK compensation of £220 pp for FLR-LCY cancellation, or EU €250. And their fx rates seem random. Our flight was on June 11, when £ closed at 1.17 albeit it did hit 1.176 intra-day. They can't seriously have cherry-picked an intra day rate!
At the end of the day I want to pursue this, especially for the train fares and food, but really value the collective advice on where I should make my stand.
Oh and is my first response basically to go back with a legalistic email to the reply.tome.ba online form in their email to me?
Thanks guys!
- EC261 compensation of €250 per person, equated to £212.50 (an fx rate of £=1.176)
- Repayment of our hotels for the night, translated at an fx rate of £=€1.153
- Not even an acknowledgment of our claims for any of the other costs we incurred.
It seems obvious to me they should have paid for our food while we were stranded in Florence. But what about our car back from LHR to home? That cost £90 but again, there were 4 of us, so cheaper than HEX. And we didn't want to fly into LHR, we chose LCY for a reason!
What about the payments they have agreed to? I am unclear whether they should be paying me UK compensation of £220 pp for FLR-LCY cancellation, or EU €250. And their fx rates seem random. Our flight was on June 11, when £ closed at 1.17 albeit it did hit 1.176 intra-day. They can't seriously have cherry-picked an intra day rate!
At the end of the day I want to pursue this, especially for the train fares and food, but really value the collective advice on where I should make my stand.
Oh and is my first response basically to go back with a legalistic email to the reply.tome.ba online form in their email to me?
Thanks guys!
#1645
Join Date: Nov 2004
Location: ORD, LHR, FCO
Programs: BA Gold, etc. etc.
Posts: 1,402
It looks like they applied the GBPEUR London fixing rate for June 10, which was 1.1758 according to the ECB's website and to Bloomberg. The FX fixing rate is the currency rate at a very specific time of day (4pm in London, 12:30pm and 5pm in New York, etc.)
https://www.ecb.europa.eu/stats/poli...ph-gbp.en.html
https://www.bloomberg.com/markets/currencies/fx-fixings
https://www.ecb.europa.eu/stats/poli...ph-gbp.en.html
https://www.bloomberg.com/markets/currencies/fx-fixings
#1646
Join Date: Mar 2004
Location: London, UK
Posts: 5,105
It looks like they applied the GBPEUR London fixing rate for June 10, which was 1.1758 according to the ECB's website and to Bloomberg. The FX fixing rate is the currency rate at a very specific time of day (4pm in London, 12:30pm and 5pm in New York, etc.)
https://www.ecb.europa.eu/stats/poli...ph-gbp.en.html
https://www.bloomberg.com/markets/currencies/fx-fixings
https://www.ecb.europa.eu/stats/poli...ph-gbp.en.html
https://www.bloomberg.com/markets/currencies/fx-fixings
Now did they owe me €250 or £220?
And what about article 8.3....?
#1647
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,796
Are any of my claims above unreasonable? c-w-s mentioned article 8.3 applied with regard to the transport from Florence to Rome. (This was a big cost, nearly €300 for 4 of us.) Do I need to explain to BA what this and why it applies?
It seems obvious to me they should have paid for our food while we were stranded in Florence. But what about our car back from LHR to home? That cost £90 but again, there were 4 of us, so cheaper than HEX. And we didn't want to fly into LHR, we chose LCY for a reason!
What about the payments they have agreed to? I am unclear whether they should be paying me UK compensation of £220 pp for FLR-LCY cancellation, or EU €250. And their fx rates seem random.
It seems obvious to me they should have paid for our food while we were stranded in Florence. But what about our car back from LHR to home? That cost £90 but again, there were 4 of us, so cheaper than HEX. And we didn't want to fly into LHR, we chose LCY for a reason!
What about the payments they have agreed to? I am unclear whether they should be paying me UK compensation of £220 pp for FLR-LCY cancellation, or EU €250. And their fx rates seem random.
The LHR to home taxi and the Florence to Rome transfer are effectively part of 8.3 so BA should be paying them. There is a £50 limit on taxi buy per person you are well under. Food, drink and communications are also ok. Did you upload the relevant receipts in the File Uploader here? BA should have spotted them and included that in their offer to you. Normally they just run down those receipts and it's usually just consequential items that get thrown out, but they explain those.
#1648
Join Date: Mar 2004
Location: London, UK
Posts: 5,105
The last point regarding Euros or GBP is in the main EC261 thread and it would be silly of me to re-explain it here.
The LHR to home taxi and the Florence to Rome transfer are effectively part of 8.3 so BA should be paying them. There is a £50 limit on taxi buy per person you are well under. Food, drink and communications are also ok. Did you upload the relevant receipts in the File Uploader here? BA should have spotted them and included that in their offer to you. Normally they just run down those receipts and it's usually just consequential items that get thrown out, but they explain those.
The LHR to home taxi and the Florence to Rome transfer are effectively part of 8.3 so BA should be paying them. There is a £50 limit on taxi buy per person you are well under. Food, drink and communications are also ok. Did you upload the relevant receipts in the File Uploader here? BA should have spotted them and included that in their offer to you. Normally they just run down those receipts and it's usually just consequential items that get thrown out, but they explain those.
I guess I just need to re-claim though there is no option in the response link to upload the documents again.
Is 8.3 solid ground? You did indicate when we were stranded that they might try and wriggle out of that (as did the delightful woman on the BA Gold line).
#1649
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,796
Yes, I would say it's solid. You would get it via CEDR or MCOL if it got to that. I would raise a new complaint if there isn't a reply link on the email.
#1650
Join Date: Aug 2011
Location: UK
Posts: 452
Does anyone knows the reason for the BA0518 to Lisbon cancelled on 2nd July?
I have submit the EC261 claim, but just wonder what extraordinary circumstances reason I am going to hear back from BA?
Is the current issue at Heathrow count as extraordinary circumstances?
Thank you.
I have submit the EC261 claim, but just wonder what extraordinary circumstances reason I am going to hear back from BA?
Is the current issue at Heathrow count as extraordinary circumstances?
Thank you.