Sigwx

You’ve already seen my commentary in that case. Bid Line Rules does not prevent how many pilots BA places on airport standby or to cover earlier home standby periods. That was entirely in their gift as to the allocation of duties allocated by ‘Global Ops’ and the rostering team the month prior in terms of pilots holding reserve periods or time assignable blocks. The direct entry pilot recruitment campaign continues to run due to the well known internal shortfall of pilots available.

Lioneye

Yes and many thanks for that input. Much appreciated.

I'll update as and when.

asimlut

Just an update:

So I filed an MCOL for myself only claiming approx £1200 for the extra I paid for my own flight resulting from their failure/refusal to reroute.

There were 3 other Pax in the PNR and I included a statement to state other pax may claim separately.

So an AoS was filed BUT BA refunded the amount paid for the original flights for ALL 4 pax (approx £3k)

then in their defence they said
1) they’re defending the claim as they’ve already paid £3k!
2) that I am claiming compensation and it is not a “debt” or damages.

I emailed the BA case handler again to reiterate I didn’t want any sort of refund - just the additional amount I had paid for new flights. And if they wanted to settle for all 4 pax in one go then they need to pay (£1.2kx4)-£3k. No response.

I’ll be filing the directions questionnaire next.

But two questions:

1) what I’m claiming (ie the new flights I had to book myself as BA refused to reroute) is not compensation, right? It’s a debt payable to me arising from their breach of statutory duty. and so Id also be entitled to interest?

2) the defence form states that BA thinks they’ve satisfied the liability. Is there a possibility the judge accepts that and doesn’t even take it to a hearing?

corporate-wage-slave

BA have a principle against interest, they seem to absurdly reject the whole idea even though it's clearly in the small claim process. Only if a judge orders payment do they acquiesce with bad grace. But yes, it is a debt and in any event you should claim interest on the compensation aspect if that applied, so that the judge can apply it. Otherwise yes, the basis of your claim is that BA failed to offer EC261's requirement to rebook and that this is strict proof of loss due to the airline's failure to follow the regulation.

For the second point, it's a bit unfortunate that one claim has become meshed with 4 claims. The way BA have acted is suggestive of them trying to get you to accept the refund alone. When BA pays out just before filing a defence, then BA will say in the defence "we have paid already". Now you may read this as implying you are trying it on, but actually it's an efficient way to end proceedings if both sides want that. Clearly this tactic has not worked here, so you do need to make it clear that your claim is £1200 and you have only received £750 approx. That's quite a small gap for BA to be arguing over. But yes you will have to fill in the directions questionnaire on the basis of a debt still outstanding. Plus interest.

DocS

Point of reference for a recent claim. Submitted EC261 for all four of us - as well as additional expenses for a 24 hrs delay - on 27th July and received an affirmative response today 7 1/2 weeks later.

Our claim for the outbound on the same trip has been disputed by BA - submitted claim on 8th July, received offer of out of pocket expenses only 6 weeks later. Responded with bank details for out of pocket expenses and to ask whether final decision to refuse EC261 and 5 weeks later no response. A mixed bag. Thanks to those of this thread for their advice to date and others for sharing their experiences.

dakaix

BA replied today and confirmed both are eligible, but as CWS suggested they have only offered 50%. Have replied to ask them to review this again specifically in light of the CJEU rulings (C-270/20 & C188/20), on the assumption they don't move I presume CEDR would be the next step from here?

corporate-wage-slave

Yes, I would expect so, and CEDR can be narrowly focused to whether these CJEU rulings apply here.

SheepyAFC

Morning FT,

Just received an email refusing my claim due to lack of facilities on stand.

The flight was BA254 on the 28th May and the outbound flight was delayed around 90 minutes which made me miss my connecting flight at LHR to ABZ which caused a delay of over 7 hours. Is this BA's response hoping a large percentage of these claims go away and should I pursue this further.

allturnleft

Whats the waiting time for claims atm

Submitted one on August 6

Just submitted another

The August one was for a delay of over 4 hours due to technical reasons

SheepyAFC

I just received a response from end of May yesterday.

zanderblue

I had almost identical experience. Late incoming flight due to slow loading of cargo, missed connnection to ABZ and rebooked flight got me in 8 hours late.
I took it to CEDR and BA agreed to pay compensation day after CEDR accepted my claim.
My advice would be go to arbitration with CEDR. Stick to facts and keep it simple.

travelhappypair

Back in May I posted - “I have tried to understand all the rules concerning E261 but am not sure if I have a claim and if I do what I should claim for perhaps someone can advise me. My husband and I had a trip to Nerja booked using Avios for return business flights 10 May BA8701 EDI to LCY/ BA8487 LCY to AGP scheduled to arrive13.15. Our return on 20 May was via LHR BA413 AGP to LHR then BA1448 LHR to EDI arriving 16.40.
On 26 April at 20.52 we were notified by email that BA 413 had been cancelled but we managed to rebook our return on BA331 departing 13.20 and onward to EDI on BA1454 which eventually landed at 20.21. From my understanding as the flight was cancelled more than 2 weeks before our return date we are not eligible for any compensation for this part of our trip.
However, on 10 May after waking at 3am for our flight from Edinburgh I happened to check my email to find BA had emailed at 01.17 to notify that both our flights had been cancelled and we were now rebooked on BA1445 and BA2710 which was scheduled to arrive at 22.55. This now meant getting a taxi to Nerja which cost €62. I was not given a reason for the cancellation so am not sure if this would be a valid claim and if it is do my husband and I have to make individual claims although it is on one booking? Also does the fact that the original booking was paid for using Avios affect the right to claim? If I can put in a claim for compensation how much should I be asking for and could I ask for the taxi fare to be reimbursed?
Thank you in advance for any help as you can see I haven’t a clue!” I did follow the advice given and submitted an online claim but have heard nothing since 20 June advising me that BA are on the case!
Unfortunately my mother died suddenly in July so my mind has been elsewhere but I do realise that I should probably pursue this further. What is the easiest way to do this, CEDR or MCOL or am I too late and should I just forget about it?

corporate-wage-slave

You are correct that the first flight change doesn't give you compensation. The second change may do though it depends on the reason for cancellation. But you can claim the taxi fare, along with any other right to care expenses, and I would claim the cancellation compensation of 400€ / £350 per person. After 8 weeks, if you have had no answer you should process the claim via CEDR. It's up to the airline to prove if extraordinary circumstances apply.

sw1234

Hi all,

Just wanted to gauge chances of success with regards to this (will file a claim anyway but would be good to manage expectations).

My wife & I were originally scheduled to fly back from NCE to LHR on 10th July, however this was cancelled and claimed successfully for late notice cancellation, after we were rebooked onto a return flight to LGW the next evening (for which I successfully claimed compensation). However, arrival at LGW on this rebooked flight was delayed by 3 hrs 3 mins - I have a screenshot from ExpertFlyer showing both a delay code ZY & ZO (which I understand to mean both rotational & operational). On the evening it was pandemonium for our flight but all other carriers inc. Ryanair & another BA Heathrow there were no delays back to UK airports. The delay comprised of both aircraft late arrival which I presume triggered the ZY code, and also shuttle buses waiting for ages to take us to our flight to start with (but no issues with other flights) and once at the plane horrendous management of overloaded hand luggage which needed to go into hold (which took ages). From what I remember, flight deck announcement essentially blamed Nice Airport baggage handlers and 'shortage of ground staff' for the further delay, and 'the late arrival of the aircraft into Nice from Gatwick' (I can't remember exactly why this was admittedly but I don't think this was down to BA).

I can understand extenuating circumstances for the late arrival into Nice from Gatwick from the previous flight pushing back turnaround, but I am wondering mainly whether the ground staff/baggage handling excuse (which compounded the delay significantly) I could strongly challenge? Such an issue would suggest systematic delays for departing flights, and there were no delays to other flights which left Nice that evening. I'm aware I'm claiming twice for the same booking reference, but will be referencing case ref. ECLI:EU:C:2020:204 for what it's worth - quite clear ruling against Finnair in this case granting compensation both for the cancellation/rerouted flight & subsequent delay of the rerouted flight when within eligible scope of EC261.

corporate-wage-slave

Welcome to Flyertalk and welcome to the BA forum. Since BA pays Nice to provide this service, I deem the airport to be in a contractural relationship and therefore it would not be extraordinary circumstances. So yes, claim, and consider MCOL (rather than CEDR) if refused.