Jan 3, 2021, 2:19 am
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
Sep 16, 2022, 11:47 am
#2341
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Well, tbh it is an EasyJet flight from back in June so accept this is the BA forum but there is little activity on the EasyJet forum.
Short notice cancellation 30 mins before depature and flight never came up from LGW-EDI for the return sector having previsouly advertised a 1 hour delay. No other issues at EDI although I can't vouch for LGW on that evening of 24/06/22. I'm fairly sure it will have been EasyJet just running out of crew tim on their final rotation of the day after building up a delay earlier.
Short notice cancellation 30 mins before depature and flight never came up from LGW-EDI for the return sector having previsouly advertised a 1 hour delay. No other issues at EDI although I can't vouch for LGW on that evening of 24/06/22. I'm fairly sure it will have been EasyJet just running out of crew tim on their final rotation of the day after building up a delay earlier.
Sep 16, 2022, 11:50 am
#2342
Join Date: Nov 2021
Programs: BAEC
Posts: 331
The strict proof wording appears in all their submissions. I read through it, judges read through it, you should ignore it. I'm kind of annoyed by this, this process is supposed to be one that anyone can use, but in reality corporations always get their lawyers to be intimidating in their uss of language. Doesn't matter if it's BA, councils trying to get council tax from those with no money, landlords trying to get overdue rent. I think it is wrong but the legal profession would probably melt down if asked to be nice and use everyday language in their submissions. They are even worse when it's lawyers going for lawyers even they end up in the pub afterwards, it's an adversarial system.
So what you do need to do is cut to the core argument and at some point you need to do one of two things. Before the court hearing (could be a long way away) you need to give your version of this. And you could do a skeleton (see top of thread) where you bullet point your way through BA's defence. This skeleton is similar to a straight reply, the first option, but in a structured way that judges like. No point doing this until you have heard from the courts - which will happen if you push for a hearing and the courts then ask for your availability.
So what you do need to do is cut to the core argument and at some point you need to do one of two things. Before the court hearing (could be a long way away) you need to give your version of this. And you could do a skeleton (see top of thread) where you bullet point your way through BA's defence. This skeleton is similar to a straight reply, the first option, but in a structured way that judges like. No point doing this until you have heard from the courts - which will happen if you push for a hearing and the courts then ask for your availability.
I'll go and review the skeleton now
Sep 16, 2022, 3:13 pm
#2343
Join Date: Dec 2013
Location: Edinburgh
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If you frankly disbelieve easyJet you could go to either MCOL or AviationADR (their version of CEDR) and at that point they will present the evidence. Had you asked a little nearer the time then someone who was travelling or working in ATC may have been able to give more information, but actually that's not your job. The onus here is on easyJet to prove their case.
Sep 17, 2022, 4:31 am
#2344
Join Date: Nov 2004
Programs: BA Gold, Marriott Titanium
Posts: 574
Sep 17, 2022, 5:04 am
#2345
Join Date: Jan 2012
Location: London
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Posts: 1,323
My case further up thread has reached the point where BA filed a defence & I replied to it also requesting the case is transferred to a court near me - which was granted.
What happens next? Do I just sit tight & wait to be advised when it will be heard?
What happens next? Do I just sit tight & wait to be advised when it will be heard?
Sep 17, 2022, 5:53 am
#2346
Join Date: Dec 2012
Posts: 3,198
I’ve only had to MCOL once, another well known euro carrier and they coughed up prior to submitting a defence. Funnily enough it was from using this board (albeit an earlier year) that even an ‘insider’ gained great benefit from. Is the defence submitted a carbon copy of what you previously posted on this board?
Feel free to PM.
Sep 17, 2022, 6:53 am
#2347
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Yes, pretty much. There are long delays getting hearing slots, so it may be a wait. It sounds like you have completed the Directions questionnaire, so it will then be transferred to your court, the processing tracker online probably stops being useful, since it will be down to the administration of the county court to set a hearing date. If you ticked the box allowing arbitration (BA usually declines) then that court may get the arbitrator to get in touch, otherwise it's a waiting game. You can use the time to prepare a skeleton and then send that to BA and the clerk of your court under reference.
Sep 17, 2022, 7:23 am
#2348
Join Date: Mar 2006
Location: UK
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Sep 17, 2022, 10:26 am
#2349
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Just claimed for a c. 5 hour delay on BA 2263, LGW-KIN, on 5 Sep. Does anyone with clever resources know what the problem was? I hope I don’t get some spurious kickback from BA!
Sep 17, 2022, 1:17 pm
#2350
Join Date: Aug 2015
Location: Somewhere around Europe...
Programs: BA Gold; MB Ti; HH Diamond; IHG Plat; RR Gold
Posts: 530
Just wanted to check my understanding of eligibility for a claim on the two cancellations below; sadly both from the same trip!
11th Sept BA826 (LHR-DUB) - Cancelled 9th Sept (Reason code "COMM"), rebooked on BA824 11th Sept. Arrived 3hrs 15mins early.
16th Sept BA823 (DUB-LHR) - Cancelled 16th Sept (Reason code "OPEY"), rebooked on BA4469 16th Sept. Arrived 2hrs 3mins early, but at wrong airport (LCY). TfL trip across town had me arriving back at LHR at the original arrival time.
My read is that the outbound is eligible for €250, theoretically the inbound should be as well unless the transit has to be counted? Can anyone check my workings here?
11th Sept BA826 (LHR-DUB) - Cancelled 9th Sept (Reason code "COMM"), rebooked on BA824 11th Sept. Arrived 3hrs 15mins early.
16th Sept BA823 (DUB-LHR) - Cancelled 16th Sept (Reason code "OPEY"), rebooked on BA4469 16th Sept. Arrived 2hrs 3mins early, but at wrong airport (LCY). TfL trip across town had me arriving back at LHR at the original arrival time.
My read is that the outbound is eligible for €250, theoretically the inbound should be as well unless the transit has to be counted? Can anyone check my workings here?
Last edited by dakaix; Sep 17, 2022 at 1:29 pm
Sep 17, 2022, 1:34 pm
#2351
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Just wanted to check my understanding of eligibility for a claim on the two cancellations below; sadly both from the same trip!
11th Sept BA826 (LHR-DUB) - Cancelled 9th Sept (Reason code "COMM"), rebooked on BA824 11th Sept. Arrived 3hrs 15mins early.
16th Sept BA823 (DUB-LHR) - Cancelled 16th Sept (Reason code "OPEY"), rebooked on BA4469 16th Sept. Arrived 2hrs 3mins early, but at wrong airport (LCY). TfL trip across town had me arriving back at LHR at the original arrival time.
My read is that the outbound is eligible for €250, theoretically the inbound should be as well unless the transit has to be counted? Can anyone check my workings here?
11th Sept BA826 (LHR-DUB) - Cancelled 9th Sept (Reason code "COMM"), rebooked on BA824 11th Sept. Arrived 3hrs 15mins early.
16th Sept BA823 (DUB-LHR) - Cancelled 16th Sept (Reason code "OPEY"), rebooked on BA4469 16th Sept. Arrived 2hrs 3mins early, but at wrong airport (LCY). TfL trip across town had me arriving back at LHR at the original arrival time.
My read is that the outbound is eligible for €250, theoretically the inbound should be as well unless the transit has to be counted? Can anyone check my workings here?
Sep 17, 2022, 1:44 pm
#2352
Join Date: Aug 2015
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Both are eligible since less than a week's notice was given and and both presumably involved departing more than 1 hour early. Different rules apply to cancellations compared to delays. BA will normally give half due to the early arrival, but see upthread for how recent CJEU rulings have said full payment should be made.
Sep 18, 2022, 12:19 am
#2353
Join Date: Sep 2010
Programs: BA Gold
Posts: 255
Is there a way to find out what’s caused the 4.5hr delay on this mornings MAN-LHR (BA1385) ?
That’s gonna be probably a plane full of missed connections…..
That’s gonna be probably a plane full of missed connections…..
Sep 18, 2022, 3:24 am
#2354
Join Date: Jul 2019
Programs: BAEC Bronze, Mucci recipient
Posts: 1,786
Can someone advise the reason for the cancellation of BA512 LHR to Palma Majorca yesterday 17th September?
A friend was supposed to be on board in CE and was rerouted from LGW but in ET. I assume downgrade reimbursement should be payable but compensation for the flight cancellation depends on the reason for the late notice cancellation.
A friend was supposed to be on board in CE and was rerouted from LGW but in ET. I assume downgrade reimbursement should be payable but compensation for the flight cancellation depends on the reason for the late notice cancellation.
Sep 18, 2022, 3:31 am
#2355
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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I hope you the flight deck will give a full description in their pre-flight briefing. My guess would be that this is a night stopper, and was due into MAN yesterday at 21:55. However it was late arriving into Ringway, 23:41, so 2 hours or so late and there may have been further delays getting to the crew hotel. So I would speculate that the crew would need a later departure today in order to cover their legally prescribed rest period.