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

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Old Jan 3, 2021, 2:19 am
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The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004

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Old Jul 3, 2022, 6:59 am
  #1636  
 
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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.
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Old Jul 3, 2022, 7:10 am
  #1637  
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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.
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Old Jul 3, 2022, 7:56 am
  #1638  
 
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BA367 on July 1

Originally Posted by KARFA
expertflyer only shows a few days ahead. atm it is showing to 30 June, so hopefully it should show tomorrow.
Thank you! Can anyone see now if Expertflyer gives a reason for the cancellation of BA 367 MRS-LHR on July 1? I got the notification that it was cancelled 8 days ahead of time, and was initially rebooked on BA369 for the same day, with scheduled departure and arrival 7.5 hours later.

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!
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Old Jul 3, 2022, 8:06 am
  #1639  
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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.
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Old Jul 3, 2022, 8:27 am
  #1640  
 
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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!
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Old Jul 3, 2022, 11:22 am
  #1641  
PxC
 
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I read on a site;
”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?
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Old Jul 3, 2022, 11:31 am
  #1642  
 
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This was ba 579 from Venice to London cancelled 8 days before scheduled departure.

Originally Posted by corporate-wage-slave
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.
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.
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Old Jul 3, 2022, 11:38 am
  #1643  
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Originally Posted by PxC
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?
It depends on the exact sequence of events, plus what other airlines did. So if BA were told in advance of the strike, and then put a tight connection to somewhere else in, then there evidently could have been more than BA should have done. If the strike affected all of France then BA is kind-of stuffed due to geography, at least on short haul.
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Old Jul 3, 2022, 12:22 pm
  #1644  
 
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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:
  • 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.
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. 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!
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Old Jul 3, 2022, 12:45 pm
  #1645  
 
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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
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Old Jul 3, 2022, 12:47 pm
  #1646  
 
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Originally Posted by London Dude
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
Fair enough.
Now did they owe me €250 or £220?
And what about article 8.3....?
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Old Jul 3, 2022, 12:52 pm
  #1647  
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Originally Posted by aristoph
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.
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.
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Old Jul 3, 2022, 12:59 pm
  #1648  
 
Join Date: Mar 2004
Location: London, UK
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Originally Posted by corporate-wage-slave
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.
Thanks c-w-s. Yes. I did upload those receipts and they have completely ignored them.

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).
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Old Jul 3, 2022, 1:01 pm
  #1649  
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Originally Posted by aristoph
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).
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.
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Old Jul 3, 2022, 3:43 pm
  #1650  
 
Join Date: Aug 2011
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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.
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