corporate-wage-slave

I suspect it probably is, though equally it's fair to say that if you went MCOL or CEDR BA would come up with the technical reports to back up their claim, whereas you would presumably rely on your recollection of the captain's remarks. The fact that other flights don't appear to have been affected is highly persuasive, particularly if you can back it up with (e.g.) print outs of the timings of flights departing just before and after. It's just sonds like one of those messy cases, it doesn't really lend itself to a definitive outcome.

BONDY

Looking for some thoughts on whether there is anything within the scope of EC/261 for the following two bookings as neither is (to me) straight forward. Any advice truly appreciated

1. I flew in October AMS - LHR - JNB - CPT. All booked with BA (Comair for the JNB-CPT leg) and due to some "cargo loading issues" the flight between LHR and JNB was delayed and caused me to miss the connection to CPT. I was re-booked proactively on South African Airways but this meant I arrived into Cape Town over 5 hours later than scheduled. Given the delay was caused by the Heathrow flight and there was no "delay" within South Africa, is the delayed arrival covered?

2. My partner, who lives in Israel was booked LHR-TLV in December. BA cancelled all flights to/from Tel Aviv, I guess because of low loads (only Israeli citizens permitted to travel to Israel at that time). Her booking had already been changed because BA moved from two flights daily to one. I called on her behalf and they re-booked on El Al (important thing was for her to get home of course). Her original booking arrived in TLV on 24/12 at 0400 and the re-booked BA flight was due to arrive at 1435 on 23/12. The El Al flight was scheduled to arrive at 2105 on 23/12 and, I believe, arrived ahead of scheduled at 2045. So, either over 7 hours early compared to the purchased flight or 6 hours later than the re-booked BA flight. The cancellation of the BA flight was notified to her on 17/12 so less than 7 days' notice. I believe there is similar legislation to EC/261 for flights to/from Israel but I have no idea whether the above circumstances mean any compensation is due. She was downgraded from Premium Economy to Economy too but given this was accepted to get her home, I have no issue with this!

I did search for any similar circumstances and could not find them hence any thoughts appreciated.

Many thanks in advance

BONDY

corporate-wage-slave

The first case seems eligible for the delay compensation, given the information provided. The key thing for me is whether BA had the option to leave the cargo behind in order to keep the passengers on time. If you were on a tight connection then BA may find some other external factor that contributed to the issue, or gave you insufficient time for the connection.

The second one is more problematic, though not the downgrade aspect - if BA did not provide an acceptable alternative then I think that's payable, however BA traditionally feels this does not apply if the passenger accepts the downgrade in advance. On that route it's not likely to be a lot of reimbursement. For the main time change issue, BA will almost certainly maintain something like the changed travel restrictions - which were brought in at very short notice, effectively made it impossible to continue the service without an intolerable economic burden. So extraordinary circumstances. I feel this can be argued, since BA also have a requirement to take all reasonable measures, plus could simply accept that paying off customers for the inconvenience is very much of what the Regulation can do. I guess the other argument is that BA unusually allowed a rebooking to El Al, so they can demonstrate they did their best to mitigate problems, something that didn't happen on other services. I don't know enough about Israel's legislation but in the past BA tended to take the view that Israeli law would prevail over UK / EU law, plus I'm not sure if the Israeli legislation helps or hinders. However I don't think BA can walk away from the UK side of this, it's now the more recently tabulated legislation.

c1223

Just before New Year my friend had a flight delay of 24hrs due to a cancellation. Their flight was MEM - NCE via ORD and LHR. It was ticketed on 125 and the flight numbers are all BA flight numbers. The MEM - ORD flight operated by Envoy Air was completely cancelled at the airport. My friend changed their routing at the airport, but nothing was possible until the next day. Overnight some things changed for him meaning he didn't end up taking the rerouted flight the next day. Should he still be able to claim €600 for the delay? Unfortunately it was booked through a travel agent who have said that he isn't entitled to a refund as he accepted an alternative routing (which I believe is correct).

corporate-wage-slave

No, that's out of scope for EC261 for the simple reason that we can't get away from AA, and their operational entity Envoy, being fully responsible for the delay to a purely domestic service. I can't see any scope for pinging this on to a Community Carrier such as BA.

BONDY

Many thanks CWS. I was not sure about the SA one because it was the domestic part that was effectively delayed. But I will put a claim in and see what they say.

For Israel, I will claim original routing credit and mention the delay (or really early arrival) and see what BA say. But, as you say, they did offer re-routing on El-Al so my partner was able to get home which was the main thing. Not fussed at all about the downgrade - it won't be a lot anyway as you say!

Thanks again

BONDY

LCSinTexas

Let me place this before the great intellect of this thread, because I feel I'm getting both yes and no when I read the EC 261 rules applicable to a misconnected flight I had last November. I am thinking it is truly "No", but I want to be sure.
Journey booked on one PNR and one ticket -
16/11/2021 BA771 ARN-LHR on time
16/11/2021 BA141 LHR-DFW about 1h 20min delayed, but really don't care
27/11/2021 BA140 DFW-LHR 52min delayed causing me to fail compliance and get rebooked on a later flight
28/11/2021 BA786 (org BA780) LHR-ARN Moved to a later flight causing 5+ hour delayed arrival

Thank you in advance.

LcS

KARFA

What was the reason for the delay on your DFW-LHR flight?

LCSinTexas

No reason given, and I was honestly doing a sophomore error and enjoying the PDB too much to notice our late departure... :0

The plane was loaded on time.

Once we were underway I realized it, but the FA I asked claimed not to know, and I was thinking the pilot would "catch it up".

I know, I should have known better.

LcS

KARFA

Ah ok. So the amount of time you were delayed on the return certainly could mean you are entitled to compensation, but it will hinge on the reason for the delay. You could submit a claim, but if BA says it was a reason which get's them out of compensation (e.g. weather) it would be hard for you to challenge that.

asnovici

I filed a complaint with BA on Dec 23 via the webform. I got the case number. I havents heard anything since. How long should I wait and what should be my follow up if I dont hear anything back?

LCSinTexas

Yes, I have placed two posts asking anyone to advise the official reason for the delay for 27Nov BA 149 in this thread earlier, but no such feedback has been fund.

L

corporate-wage-slave

We've been told that it's over 30 days. You may receive an email saying "We're on the case", but that is a holding answer.

wmaciej

I’m in the same boat - nothing since the automated acknowledgement email on the 20th.

qrpory

We had a flight booked to Denver in First with a 241 using 200,000 Avios. BA then removed the First service from that route and we got downgraded to Club both ways.

I believe we're entitled to 75% of the Carrier Imposed Charge but I don't think any of the other charges are different between F and J? Also 75% of the Avios returned? Does the 241 voucher have any other impact though?

A further complication is that the new flights weren't ticketed initially which I noticed at online check-in. I phoned up BA and got it ticketed but they also refunded us 50,000 Avios as fare difference even though I said I'd sort it later. Will that cause an issue with the claim?

Having read more threads (particularly #221), I've seen an award by CEDR of 1.6p per Avios taking into account a 241. So: 200,000 Avios *2 (for 241) * 75% * 1.6p = £4,800. Am I hopelessly mistaken here?