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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 Oct 29, 2022, 1:14 pm
  #2626  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Originally Posted by Mm06hs
I do remember us sitting on the plane for ages as I assume we missed our slot. Is there a concept of this being a consequence of the original fault which was BA’s? I can definitely respond to BA to ask for further details but would be helpful to know if this is backed up in the regs.
This is just not the way it works. BA has had over a miilion complaints pass through Customer Relations and their attention span per complaint is measured in a low number of seconds. So there is no point trying to engage BA on this, and every point to go to CEDR where at least someone will spend a decent amount of time probing the details, and making the connections between the arguments that is implied in the last sentence in your quote above.
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Old Oct 29, 2022, 1:22 pm
  #2627  
 
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Originally Posted by corporate-wage-slave
This is just not the way it works. BA has had over a miilion complaints pass through Customer Relations and their attention span per complaint is measured in a low number of seconds. So there is no point trying to engage BA on this, and every point to go to CEDR where at least someone will spend a decent amount of time probing the details, and making the connections between the arguments that is implied in the last sentence in your quote above.

Ah I understand! I shall not flog the dead horse and go to CEDR. It’s been way over 8 weeks already. Thank you for your help.
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Old Oct 29, 2022, 1:42 pm
  #2628  
 
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Originally Posted by Mm06hs
Thanks for the responses and welcome!

I do remember us sitting on the plane for ages as I assume we missed our slot. Is there a concept of this being a consequence of the original fault which was BA’s? I can definitely respond to BA to ask for further details but would be helpful to know if this is backed up in the regs.

My reading could be this is covered under introductory para 14/15 with importance on 15:“(15) Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision… even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations.”

In my case, BA did not take all reasonable measures to avoid an ATC delay because the plane was not appropriately maintained to avoid the technical fault.

I don’t know that the other flights lack of ATC help as I am not sure there was a known issue for say weather, but an isolated missed slot. That said, I have no knowledge of how quickly a new slot would be granted and if the c40 minutes was excessive from ATC.

Thanks
CWS will know better but I do think you have a case. As I said and as you have too, would there have been a delay had the aircraft not had a technical issue? Probably not. Do you have the flight number and date? If someone on here has a sub to flightstats, they could maybe look at other departures on the day and see if they were affected, both at the original departure time and the actual time as well.
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Old Oct 29, 2022, 1:44 pm
  #2629  
 
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Originally Posted by PlaneSpeaking
CWS will know better but I do think you have a case. As I said and as you have too, would there have been a delay had the aircraft not had a technical issue? Probably not. Do you have the flight number and date? If someone on here has a sub to flightstats, they could maybe look at other departures on the day and see if they were affected, both at the original departure time and the actual time as well.
Sorry, CWS beat me to it!
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Old Oct 29, 2022, 2:04 pm
  #2630  
 
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BA377 (TLS/LHR) cancelled this morning (29/Oct) - was notified 12 hours ago (28/Oct 20h).
Does anyone knows what is the reason for the cancellation? The outbound BA376 was cancelled very last minute as well. It is part of a long haul flight - and I have been rebooked the next day (>24 hour late arrival at final destination).
Thanks!
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Old Oct 29, 2022, 2:08 pm
  #2631  
 
Join Date: Aug 2022
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So got a response today (partially) about a downgrade on AA from DFW to LHR after a cancelled flight, I was also cancelled on BA from LHR to GLA and rerouted to LCY and downgraded on that too.

My ticket was sold through BA even though it's an American flight, they rejected the refund for the difference between business and economy saying to contact American for the refund however how is that possible if BA sold the ticket?
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Old Oct 29, 2022, 2:17 pm
  #2632  
 
Join Date: Nov 2004
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Ba209 lhrmia 28oct

Flight left Heathrow and arrived Miami 3.5hrs late.
The late arrival, combined with a tech issue requiring engineering support at MIA, resulted in my return BA208 arriving 3:15 late.
Anyone have any insight to the original BA209 cause of delay ?
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Old Oct 29, 2022, 10:20 pm
  #2633  
 
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Originally Posted by lattegirl13
Yesterday I was scheduled to fly LYS-LHR, which was the start of my journey home to SEA. I used AS miles for the ticket. BA cancelled the LYS-LHR segment. I immediately called BA and was sorting out how to get to LHR. The agent was about to book another flight when he realized that AS booked the ticket on miles. The agent said he could not help me. I was told to call AS, which I did. AS said that BA is obligated to rebook me and said to call BA again. I called back and a very rude and condescending BA agent repeatedly told me that because AS booked that they could not help me. I knew the 261 policy and read verbatim the operating carrier specifics. He refused to book me and hung up on me! I was stuck in Lyon and had to get to LHR for my pond flight. I ended buying out of pocket with another airline. It was quite expensive to buy a ticket 3 hours before the flight.

does 261 cover flight purchased with alliance partner miles? I have travel insurance but I believe that I have a claim.
I have another question. corporate-wage-slave advised to claim reimbursement for my replacement flight in addition to compensation. Would I claim the ticket as an expense? The allowed expenses only discuss hotel, food, etc.

Last edited by lattegirl13; Oct 30, 2022 at 12:33 pm
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Old Oct 30, 2022, 1:24 am
  #2634  
 
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BA1480 Cancelled 30th Oct

Just been cancelled a few hours notice at Gatwick. Really quite annoying and doubly so as it was meant to be my first ride on G-TTNA with the new Better World Livery. Can anyone please check the reason for cancellation from EF?

Thanks a lot
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Old Oct 30, 2022, 2:20 am
  #2635  
 
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Originally Posted by george77300
Just been cancelled a few hours notice at Gatwick. Really quite annoying and doubly so as it was meant to be my first ride on G-TTNA with the new Better World Livery. Can anyone please check the reason for cancellation from EF?

Thanks a lot
not sure there is anything useful here...
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Old Oct 30, 2022, 2:56 am
  #2636  
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Originally Posted by lattegirl13
I have another question. Someone advised to claim reimbursement for my replacement flight in addition to compensation. Would I claim the ticket as an expense? The allowed expenses only discuss hotel, food, etc.
Under EC261, BA is required to rebook passengers who have their flights cancelled. When under airport control (which is an industry way of working, not a legal concept) there is no choice, BA have control of the AS ticket. Now airlines absolutely hate refunding replacement tickets, their (circular) argument is that they have to handle this, which mostly they do. Hence it's not listed on the screen you are looking at. But the right to a rebooking is fundamental to EC261, and even before airport control, so in no circumstances is AS responsible for this. Anyway, submit the claim as if it was a hotel expense. I would expect them to reject this component even though it was due to poor training of the Contact Centre staff. If you are UK based you coul consider going MCOL with this, if you are not UK based then after the rejection ask for confirmation that their answer will not change (or wait 8 weeks) and then go to CEDR.
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Old Oct 30, 2022, 5:25 am
  #2637  
 
Join Date: Feb 2019
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This post is relevant to LH, but I could not find a comparable thread for LH and hope it is OK to post here.

I was scheduled to fly FRA-DEL F on LH on 15th September and noticed one day before departure at online check-in that my seat had been to changed to J and the plane had no first class. I don't know the reason for the airplane change and the change must have occurred with less than five days of departure as I had checked before.

I called their hotline and accepted a change to a flight one day later on F.

​​Am I entitled to anything under EC261?


​​​​​

​​
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Old Oct 30, 2022, 7:31 am
  #2638  
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Originally Posted by Pota
I called their hotline and accepted a change to a flight one day later on F.

​​Am I entitled to anything under EC261?
​​
Unfortunately for you, no. You would get the Mennens formula (see wiki) if you were placed in J, but not if you stay in F. So while you moving to another date is perhaps inconvenient, it's still your choice. In a way we need to encourage airlines to allow this as a solution for those who really want to travel in a particular cabin, at least the airlines avoid the Mennens payment.

[If you don't see something in another forum, just raise a new thread, the moderators will handle any issue with that.]
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Old Oct 30, 2022, 7:54 am
  #2639  
 
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Originally Posted by corporate-wage-slave
Unfortunately for you, no. You would get the Mennens formula (see wiki) if you were placed in J, but not if you stay in F. So while you moving to another date is perhaps inconvenient, it's still your choice. In a way we need to encourage airlines to allow this as a solution for those who really want to travel in a particular cabin, at least the airlines avoid the Mennens payment.

[If you don't see something in another forum, just raise a new thread, the moderators will handle any issue with that.]
Thank you very much for your response and explanation. I didn't really have too much inconvenience as my travel plans were flexible and the reason why I had no issues accepting a change to one day later.

I just wanted to make sure that I am not ignoring a potential claim.
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Old Oct 30, 2022, 9:46 am
  #2640  
 
Join Date: Jun 2014
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Disruption in France 28/10 - expenses

My family and I (5 pax) were booked to return MRS-LHR on 28/10, departing 2150. This was a Friday, and one of us needed to be at work on Saturday morning. On the way to the airport the flight got cancelled, reason given as "ATC restrictions". We continued to Marseille, during which I phoned the GGL line. There was no availablity from MRS to London the following day, both flights already full, so they rebooked us onto the morning flight NCE-LHR flight, all good so far, just need to get to Nice and find somewhere to stay. The GGL agent couldn't do that part so I agreed to sort that out at MRS shortly. Somewhere between getting out of the taxi and getting to the check-in desks the NCE-LHR flight also got cancelled, reasons unknown, with the system auto-rebooking us onto the evening flight instead, which was no use. There were no staff at the check-in desks, and a small gaggle of passengers, some of whom knew and some of whom clearly did not! I called the GGL line again to see what alternatives there were and the answer was essentially none. For instance there were no good options from MRS to anywhere on partner or "agreement" airlines, all required an overnight at eg Paris, Frankfurt etc, and even then the connecting flights were generally in the evening. This was also the case for MRS-X the following morning, we could get from Marseille to another city, but then faced a 10 hour layover, so also no use. Meanwhile the "BA" ground staff appeared and explained that they would start processing hotels and that coaches would be coming. This was something of a holding move I think, as they presumably had no answers about getting people to London either at that stage.

Fearing at least 24 hours stuck in France at this point I hired the Avis's penultimate car and we started to drive to Calais, finding out at about Avignon that there were no Eurostar tickets the following day, nor any foot passenger ferry tickets (rather a surprise). Meanwhile an enterprising child found 5 seats on Easyjet leaving from Geneva at 7am. I called the GGL line again, said I was now driving, and asked if they could book these for me. Easyjet is not an airline with which they have any such arrangement, so I was advised to buy the tickets myself and put in a claim. In case the availabilty had disappeared the agent moved us from the evening NCE-LHR flight to an evening GVA-LHR flight. We turned right!

Arrived in Geneva at about 2am, having inadvertently driven through the swiss sector without the car thingy (costs 40 CHF, don't know what it is called or how to get one). Geneva airport has a hellish road layout, and try as we might we could not find the French sector carpark P21 in which to dump the car (that was still expected in Calais at this point!). After an hour we decided to drive to France and start again, and lo and behold we found the magic road we needed into the French sector. It was locked until 4.30am. We attempted sleep in the car, and at 3.43am, well ahead of schedule, somebody opened the gates- yay! We found the correct carpark without issue, and left the key with a note in the security box (although I would later manage to amend my booking to drop the car off in Geneva). Inside the airport we went through a departure hall, showed our boarding cards, and were ejected into baggage reclaim even though we had not arrived from anywhere. From there we went to arrivals and subsequently back to a different departure hall. Easyjet took possession of our bags (BA tend to ask no questions, Easyjet however have a love of those size cradles...) and we joined a very long security line athough as the scanners are 3D it moved very quickly.

Departure went smoothly, Easyjet seats are horrible, the flight was on time and the luggage was on the carousel from the moment we got into the baggage hall at LGW. Despite Thameslink doing their level best to prevent it our son got to work on time - it is his first job, he has not been in it long, to not show up, even if not his fault, was something we all really wanted to avoid hence the effort we put into getting back to London rather than chilling out and having a holiday extension on BA. I called BA whilst on the train to tell them they could release the evening GVA flights as I was now home.

Anyway, to the point of this long post. I submitted an expenses claim yesterday morning for the car hire, food, petrol, french motorway tolls and £1100 of Easyjet flights. £1500 all in. I was slightly worried as the expenses small print seemed to rule out the hiring of cars if changing departure points, but possibly moving the flights to Geneva has helped here. I did not put in for any compensation for arriving home 10 hours late, it seemed churlish, and in any event if the reason was ATC (at least for the original flight) then that's not payable anyway. And it was Avios ticket that cost next to nothing! This afternoon, barely 24 hours later, my claim has been agreed in full. I had a pretty intense journey home, but the speed of turnaround and lack of challenge is very impressive.
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