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
Jan 16, 2022, 1:28 pm
#346
Join Date: Dec 2020
Posts: 114
BA have lost CEDR cases in respect of COVID economic cases and quite recently too. It seems clear to me that while BA are still paying EC261 swiiftly where there isn't much scope for argument, so mechanical problems at departure, for anything else where there is a potential argument, BA is deploying that argument. Now there are some guidelines in this space - more on the EU side than CAA - which give the airlines some lines of argument. I think it's just BA doing what they can to keep their costs down. I don't think there's much more to it than that.
Jan 16, 2022, 2:35 pm
#347
Join Date: May 2017
Posts: 2,017
Another question: regarding my friend's BA case (currently with the Danish NEB - thanks for the feedback BTW, he's now sent a response), in case he loses that, would it make sense to pursue it with CEDR (CPH-LHR on BA falls under both the EU and the UK regulation), or is it doomed to fail (with the £25 CEDR fee being chargeable as a result)?
The EU and UK rules are the same. Someone just used copy & paste before Brexit.
Jan 16, 2022, 3:55 pm
#348
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,850
Another question: regarding my friend's BA case (currently with the Danish NEB - thanks for the feedback BTW, he's now sent a response), in case he loses that, would it make sense to pursue it with CEDR (CPH-LHR on BA falls under both the EU and the UK regulation), or is it doomed to fail (with the £25 CEDR fee being chargeable as a result)?
Jan 16, 2022, 4:51 pm
#349
Join Date: Dec 2020
Posts: 114
As mentioned above, there won't be a £25 fee unless your friend is reckless about it. I can't see a problem with going to CEDR after the NEB has looked at it, but BA will bring this factor straight away to CEDR's attention and this may have a negative influence on proceedings, depending on how the NEB framed their conclusions. In the UK the CEDR process was set up because our NEB didin't have the resources or inclination to investigate cases so made a deal with most of the main airlines to have an alternative dispute resolution process to get around the fact that NEB's are a mandatory aspect of EC261. The UK NEB only gets involved if an airline won't use ADR or is too small to have the caseload to justify it.
The reason why I'm asking this is because I read earlier in this thread that there's EU, but not UK, guidance for airlines to rely on, and combined with your statement that BA has lost several CEDR cases concerning the relevant type of situation (commerically motivated cancellations), that makes me believe that CEDR might be less lenient towards the airlines than EU NEBs.
Jan 16, 2022, 5:08 pm
#350
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,850
See post 90 for one such example.
Jan 17, 2022, 5:32 am
#352
Join Date: Mar 2018
Location: Edinburgh
Programs: BAEC Gold, ITA Volare Executive
Posts: 450
BA185 Cancelled Today
Hi all, grateful for advice regarding my situation today.
BA185 1045 LHR 1355 EWR was cancelled due to a tech issue.
I was auto rebooked onto BA189 1630 LHR 1940 EWR but seeing as I’m only in NY for a couple of nights I asked in the Flounge and was rebooked again as follows:
BA115 1400 LHR 1710 JFK.
Just wondering if I’m entitled to anything with regards to the later arrival? Had already paid for a bus transfer from EWR to Manhattan but I can stand to lose the odd $20.
All advice welcome.
BA185 1045 LHR 1355 EWR was cancelled due to a tech issue.
I was auto rebooked onto BA189 1630 LHR 1940 EWR but seeing as I’m only in NY for a couple of nights I asked in the Flounge and was rebooked again as follows:
BA115 1400 LHR 1710 JFK.
Just wondering if I’m entitled to anything with regards to the later arrival? Had already paid for a bus transfer from EWR to Manhattan but I can stand to lose the odd $20.
All advice welcome.
Jan 17, 2022, 5:36 am
#353
Join Date: Dec 2020
Posts: 114
Hi all, grateful for advice regarding my situation today.
BA185 1045 LHR 1355 EWR was cancelled due to a tech issue.
I was auto rebooked onto BA189 1630 LHR 1940 EWR but seeing as I’m only in NY for a couple of nights I asked in the Flounge and was rebooked again as follows:
BA115 1400 LHR 1710 JFK.
Just wondering if I’m entitled to anything with regards to the later arrival? Had already paid for a bus transfer from EWR to Manhattan but I can stand to lose the odd $20.
All advice welcome.
BA185 1045 LHR 1355 EWR was cancelled due to a tech issue.
I was auto rebooked onto BA189 1630 LHR 1940 EWR but seeing as I’m only in NY for a couple of nights I asked in the Flounge and was rebooked again as follows:
BA115 1400 LHR 1710 JFK.
Just wondering if I’m entitled to anything with regards to the later arrival? Had already paid for a bus transfer from EWR to Manhattan but I can stand to lose the odd $20.
All advice welcome.
Last edited by jomala05; Jan 17, 2022 at 5:44 am
Jan 17, 2022, 5:38 am
#354
Join Date: Mar 2018
Location: Edinburgh
Programs: BAEC Gold, ITA Volare Executive
Posts: 450
You should be eligible for a refund of the bus transfer (per the Montreal convention), and may be eligible for £520 in compensation. Lodge a claim with BA and demand proof that the cancellation was utterly unavoidable on their part. If they reject you and their arguments aren't solid, lodge a claim with CEDR
Jan 17, 2022, 5:45 am
#355
Join Date: Dec 2020
Posts: 114
Updated my answer. £260 only as you were delayed by less than 4 hours, and unlikely to get a bus refund as you chose to re-book to JFK rather than EWR (can't hurt to try claiming for that as well though)
Jan 17, 2022, 5:47 am
#356
Join Date: Mar 2018
Location: Edinburgh
Programs: BAEC Gold, ITA Volare Executive
Posts: 450
That’s almost a third of what I paid for the three night break and beggars can’t be choosers!
Jan 17, 2022, 5:49 am
#357
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 63,850
I am not sure if BA will actually spot this, but they do have an argument for saying that you would have got 600€ / £520 if you stayed on the EWR service, but only 300€ / £260 on the Kennedy service, since you are now arriving into NYC under the 4 hour mark.
Jan 17, 2022, 11:42 am
#358
Join Date: Oct 2014
Posts: 447
Sent in my claim a month ago - I got a "We’re on the case" email 9 days after sending it in.
When can I expect a response as per current waiting times?
When can I expect a response as per current waiting times?
Jan 17, 2022, 1:44 pm
#359
Join Date: Oct 2002
Location: DFW
Programs: OWE AA EXP;*A TK Gold; Marriott LTT; Hyatt Globalist; IHG Plat; National VIP
Posts: 3,097
BA rejected my claim saying they cancelled the flight "due to COVID" even though LHR FCO flights right before and right after our cancelled flight went out that day. We were delayed on arrival at almost 4 hours which entitles to 250 Euros compensation. I am now planning to go via CEDR but need the actual times of departure and arrival of the flight they put us on. That flight was also delayed by over an hour. Any idea where I can find out what time BA560 on Dec 23 landed in FCO? I remember it was delayed but dont recall precise time one would need for the CEDR claim.
Jan 17, 2022, 2:05 pm
#360
Join Date: May 2017
Posts: 2,017
I am not sure if BA will actually spot this, but they do have an argument for saying that you would have got 600€ / £520 if you stayed on the EWR service, but only 300€ / £260 on the Kennedy service, since you are now arriving into NYC under the 4 hour mark.