RockyRobin

Hi,

BA have just written to me stating I am eligible for 250E compensation due to a flight cancellation.

What they haven't mentioned are the expenses incurred due to the cancellation; these are supposed to be outside of the compensation?

Also doesn't help they just send a ref number when one has multiple claims outstanding....

asimlut

Data point I guess:

So I sent an LBA to BA by recorded delivery giving 28 days, as BA had refused to rebook me over the phone, quoting the 1yr from ticket issuance policy.

Someone from CR (not legal) got back to me on Day32 by email saying I was ineligible for rebooking as I had to rebook within 14 days (the other policy I’ve read about previously) and as I hadn’t done so, they could only refund .

I’ve replied back quoting UK261 and explaining why the only convenient time for me to travel is during the summer school holidays. I’ve asked them to have someone in their legal department to look and reconsider - else I’ll have to escalate to MCOL / CEDR.

Was expecting someone in Legal to reply to me, rather than being passed to CR who have no / little UK261 knowledge.

corporate-wage-slave

The expenses are usually paid separately - and before EC261! But other things can happen, so the key detail missing here is when did you claim? And when was the flight? If you have multiple claims the reference numbers relate to the emails you should have received shortly after submission.

RockyRobin

Hi - apologies all round I missed the line in the email that said “I have also covered your expenses In full” Can I blame the heat or maybe just the excitement and surprise that they were sending me anything without a fight 😀

The email you receive from lodging the complaint also just has the reference number too?

corporate-wage-slave

And what have BA actually paid into your bank account?

RockyRobin

That I am yet to see.

Please leave up to 28 days….

corporate-wage-slave

May take 2 weeks on past precedent, but I would expect EC261 and expenses to be bundled in.

aswat300

Something similar happened to me. Sent LBA which was delivered 31 May 2022 via recorded delivery. Didn't get any response back. Sent an email to Sean Doyle (CEO) and received a response from Customer Service on 5 July 2022 with a final response (the response seemed to reference my email as opposed to the LBA although I did attach the LBA for reference in my email to Sean Doyle).

Regardless I ended up starting a CEDR claim just yesterday and am in similar position to you..avios 241 business to Tokyo cancelled for and July 2022 asked to rebook to April 2023 which BA refused and cited 1 year ticket validity. I was tempted to MCOL but let's see whether CEDR is really "independent" and properly considers our EC261/UK261 rights.

asimlut

I think I’m going to try MCOL. From what I’ve read about CEDR, their decisions can be quite hit-and-miss and if you then do MCOL after CEDR refusal, it may bias the judge.

Let’s see…!

smooth

On July 18, my friend flew BA288 Phoenix-Heathrow, connecting to BA1448 LHR-EDI, on the same PNR, with 2 hours to make the connection in Heathrow. The first flight, PHX-LHR, landed on time, but had to wait for about an hour for a gate to become available. As a result of this delay, my friend missed her connecting flight to EDI. BA re-booked her on a later flight to EDI, the only one with available seats. She arrived to EDI more than 8 hours late vs. her original schedule. The best news, her luggage, including expensive golf clubs, arrived to EDI on the same flight as she did.

In the opinion of the experts here, is she entitled to any compensation under EC261? Would 8-hour arrival delay at Edinburgh, caused by unavailable gates at LHR, be a valid reason for a claim?

A couple of additional details ( not sure if they are important ): she was traveling on a paid ticket, with US passport.
Thanks in advance for help!

olouie

Lack of gate shouldn’t be a valid excuse. I think EU261 eligible.

nufnuf77

Same here - BA is the master of the terminal T5 so lack of gates really doesn’t seems like a good excuse - and even if they should have staff on hand to expedite tight connections ala ZRH

orbitmic

I would strongly encourage your friend to look at the main compensation thread on this forum. Loads of similar cases debated throughout.

aswat300

I had the same consideration as to whether CEDR can bias a judge..although if CEDR didn't rule in my favour and I decided to MCOL after I would argue that going through CEDR was taking all reasonable possible steps to avoid going to Court as per MCOL guidelines..technically speaking a judge shouldn't have any bias and a CEDR ruling shouldn't bear any weighting as a judge should solely base their decision on whether the rule of law has been followed or not (excuse my lack of technical language).

Good luck in whatever you decide and hope we both get the results we are after.

corporate-wage-slave

Judges work solely on the basis of the law and its interpretation. If the court comes to the view that the CEDR process was wrong in law they would, without doubt, say so. The only thing to be careful of is that where there is a genuinely hopeless case which someone takes to MCOL after CEDR then at some point the judge may take the view that the usual cost structure for losing claimants should be varied to include more of BA's legal costs. BA would be entirely right and correct to say CEDR had agreed with them on a particular dispute, but a claimant would also be be right to point out that CEDR is a self-appointed and self-funded agency contracting for BA. Rarely will a case hinge on these factors though.