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
Apr 4, 2022, 7:35 am
#766
Join Date: Oct 2016
Posts: 21
Hi,
I've now received the following from BA, would this constitute a deadlock scenario?
Where do we go from here? The storm happened two days prior. If they were properly resourced and had the staff necessary to operate the Jetty the delay would've been only 2 hours.
Kind Regards
I've now received the following from BA, would this constitute a deadlock scenario?
Thank you for coming back to us about your claim for EU compensation. I understand this is something you feel strongly about and I appreciate why you're unhappy with our previous reply. I’ve had another look at your claim for compensation and I’ve taken time to make sure our response is accurate and up-to-date. Based on this, our decision hasn’t changed and the response you’ve received about the eligibility of your EU compensation claim are correct.
I understand there is a disagreement with the timings of the delay, however, the reason for the delay to your flight is not eligible for EU compensation. The majority of the delay was caused by ground handling problems on the aircraft's previous route, caused by bad weather. To be eligible for EU compensation, not only do you need to be delayed by three hours or more, but three hours or more of the delay needs to be within our control.
Article 5.3 of the EU Regulation 261/2004 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your delayed flight.
If you would like to know more about EU compensation, please visit our pages on ba.com.
Thank you for getting in touch with us about this. We do appreciate that you have a choice of airline, and hope you’ll choose us again in the future.
I understand there is a disagreement with the timings of the delay, however, the reason for the delay to your flight is not eligible for EU compensation. The majority of the delay was caused by ground handling problems on the aircraft's previous route, caused by bad weather. To be eligible for EU compensation, not only do you need to be delayed by three hours or more, but three hours or more of the delay needs to be within our control.
Article 5.3 of the EU Regulation 261/2004 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your delayed flight.
If you would like to know more about EU compensation, please visit our pages on ba.com.
Thank you for getting in touch with us about this. We do appreciate that you have a choice of airline, and hope you’ll choose us again in the future.
Kind Regards
Apr 4, 2022, 7:42 am
#767
Join Date: Jul 2019
Programs: British Airways
Posts: 58
Hi,
I've now received the following from BA, would this constitute a deadlock scenario?
Where do we go from here? The storm happened two days prior. If they were properly resourced and had the staff necessary to operate the Jetty the delay would've been only 2 hours.
Kind Regards
I've now received the following from BA, would this constitute a deadlock scenario?
Where do we go from here? The storm happened two days prior. If they were properly resourced and had the staff necessary to operate the Jetty the delay would've been only 2 hours.
Kind Regards
Apr 4, 2022, 8:28 am
#768
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: 63,804
Unfortunately not, and it's precisely why I recommend not getting into a to and fro with BA. On the first refusal, immediately ask for confirmation that their answer will not change. So you will either need to do that now, or wait until the 8 weeks are up and then go to CEDR. I would also be interested in whether ther prior delays were under BA's control too, and if it was a LHR departure whether there was more they could have done to minimise the delay. The clincher would be evidence that other services ran on other airlines at this time.
Apr 4, 2022, 8:31 am
#769
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: 63,804
Am I correct in thinking that if BA failed to re-book us onto another flight to BER (but I didn’t want to risk booking another flight separately with them in case that was cancelled as well) and we had to make our own way that this would result in 2x£250 compensation if 2 of us were on the trip?
- EC261 delay compensation and flight refund OR
- EC261 delay compensation and rebooking costs but no flight refund.
So you can do the maths and work out which is best.
Apr 4, 2022, 8:56 am
#770
Join Date: Oct 2016
Posts: 21
Hi C-W-S,
Thanks - I've just collated a few examples of flights departing on the 19th February - Virgin, Emirates and United all had flights that departed on time - despite the extraordinary circumstances.
Kind Regards
Thanks - I've just collated a few examples of flights departing on the 19th February - Virgin, Emirates and United all had flights that departed on time - despite the extraordinary circumstances.
Kind Regards
Apr 4, 2022, 9:04 am
#771
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,964
deleted as i think i misunderstood the post.
Apr 4, 2022, 3:16 pm
#772
Join Date: Jan 2015
Location: NYC
Programs: AA - EXP
Posts: 233
Hello,
I was booked on an AA award BER - LHR - JFK.
BER - LHR (985) was delayed leaving at 17:55 instead of the scheduled 16:35 due to late inbound aircraft. I missed my connection LHR - JFK (BA 183), and was told I was unable to board due to there not being enough time. Was rebooked tomorrow morning on AA 101. Have been put up the night at an airport hotel.
Am I eligible for EC261 compensation due to missed connection? If so, is it €600 as it's an overnight delay and the flight is over 1500 miles?
Thank you in advance!
I was booked on an AA award BER - LHR - JFK.
BER - LHR (985) was delayed leaving at 17:55 instead of the scheduled 16:35 due to late inbound aircraft. I missed my connection LHR - JFK (BA 183), and was told I was unable to board due to there not being enough time. Was rebooked tomorrow morning on AA 101. Have been put up the night at an airport hotel.
Am I eligible for EC261 compensation due to missed connection? If so, is it €600 as it's an overnight delay and the flight is over 1500 miles?
Thank you in advance!
Apr 4, 2022, 3:35 pm
#773
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: 63,804
Yes, and you should indeed be eligible for the 600€ in that scenario, assuming the cause of the delay was a shortage of resources.
Apr 4, 2022, 3:44 pm
#774
Join Date: Jul 2013
Programs: BA GGL/CCR, Hilton Diamond *, IHG, Couples Romance Rewards
Posts: 2,350
Hello,
I have a BA holiday booking, one PNR to hkt via Doha tomorrow in business, we are both gold. The originating flight at lgw is delayed 3 hours 'for operational reasons' and BA have extended the check in deadline by 3 hours which makes me think the delay is baked in. This delay would cause us to miss connection to HKT in Doha (QR flight) and the next flight leaving 20 hours later would cause us to spend a miserable day in transit at Doha and lose a night in the destination hotel on a 7 day holiday, by my understanding a 'significant event' in ABTA terms. I've emailed BAH duty office telling them the situation and suggesting going from LHR on QR instead to avoid missing the connection. Just received an email from BA saying they are aware of people with connection issues and will rebook us overnight.
...edit to get rid of detail...
After a somewhat sleepless night waiting for a response we found we were booked on a flight leaving 20 hours later which would lose us a day's holiday. However we then got phoned up by BAH and given an alternative solution which I promised not to talk about except that Mrs firstlight is now a very happy person indeed.
I have a BA holiday booking, one PNR to hkt via Doha tomorrow in business, we are both gold. The originating flight at lgw is delayed 3 hours 'for operational reasons' and BA have extended the check in deadline by 3 hours which makes me think the delay is baked in. This delay would cause us to miss connection to HKT in Doha (QR flight) and the next flight leaving 20 hours later would cause us to spend a miserable day in transit at Doha and lose a night in the destination hotel on a 7 day holiday, by my understanding a 'significant event' in ABTA terms. I've emailed BAH duty office telling them the situation and suggesting going from LHR on QR instead to avoid missing the connection. Just received an email from BA saying they are aware of people with connection issues and will rebook us overnight.
...edit to get rid of detail...
After a somewhat sleepless night waiting for a response we found we were booked on a flight leaving 20 hours later which would lose us a day's holiday. However we then got phoned up by BAH and given an alternative solution which I promised not to talk about except that Mrs firstlight is now a very happy person indeed.
Last edited by firstlight; Apr 5, 2022 at 1:04 am
Apr 5, 2022, 6:18 am
#775
Join Date: Mar 2022
Posts: 23
Hi,
I took a BA Holiday booking last month, all on booking - three flights out and three flights back (on BA codes, although some were operated by Iberia/AA). Starting point London, destination Jamaica. (via Madrid, Miami).
On the return, the Miami to Madrid flight was delayed by an hour, which meant I missed my connecting flight from Madrid to London. I was booked onto next available flight, and got into London four hours later than I should have.
Is the distance for calculating compensation based on the full (very long journey from Jamaica), or just the first delayed leg (Miami to Madrid) and final leg (Miami to London)?
Thank you
I took a BA Holiday booking last month, all on booking - three flights out and three flights back (on BA codes, although some were operated by Iberia/AA). Starting point London, destination Jamaica. (via Madrid, Miami).
On the return, the Miami to Madrid flight was delayed by an hour, which meant I missed my connecting flight from Madrid to London. I was booked onto next available flight, and got into London four hours later than I should have.
Is the distance for calculating compensation based on the full (very long journey from Jamaica), or just the first delayed leg (Miami to Madrid) and final leg (Miami to London)?
Thank you
Apr 5, 2022, 6:19 am
#776
Join Date: Jan 2018
Location: NCL
Programs: BA Exec Club: Gold HHons:Diamond FB:Ivory Accor:Plat Hertz: PC USA:GlobalEntry
Posts: 234
Apr 5, 2022, 6:25 am
#777
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: 63,804
That sounds unreasonable to me. You could ask the process to stop and go MCOL now, or you could write to CEDR and request no further extensions. But I suspect they are giving BA carte blanche here, and unfortunately this is damaging CEDR's reputation for independence.
Apr 5, 2022, 7:00 am
#778
Join Date: Aug 2013
Location: London
Programs: BAEC Gold, Mucci: Classe de la Luxe Eternelle
Posts: 816
Hello,
I have been reading the wiki but would appreciate some confirmation of whether I should be entitled to any EU261 compensation.
My journey was MIA-LHR-AMS on 30th of March. 7 days out the morning LHR-AMS was cancelled and I moved the entire journey 24 hours later to 31st of March.
The MIA-LHR BA206 flight landed too late for me to make my 8.20 AMS connection - I was rebooked onto the 15.20(!) and given a boarding pass, and put on standby for the 12.55. Both of these were far to late to be of any use to me and I left the airport.
Given I did not travel in the end, does this negate any compensation due?
I have been reading the wiki but would appreciate some confirmation of whether I should be entitled to any EU261 compensation.
My journey was MIA-LHR-AMS on 30th of March. 7 days out the morning LHR-AMS was cancelled and I moved the entire journey 24 hours later to 31st of March.
The MIA-LHR BA206 flight landed too late for me to make my 8.20 AMS connection - I was rebooked onto the 15.20(!) and given a boarding pass, and put on standby for the 12.55. Both of these were far to late to be of any use to me and I left the airport.
Given I did not travel in the end, does this negate any compensation due?
Apr 5, 2022, 7:08 am
#779
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: 63,804
So you were cancelled and rebooked to a day later - that gives rise to EC261 on its own so long as it wasn't a USA operated flight. So AMS doesn't make a difference, it's the same sum for LHR as AMS.
It would have been better to apply for the FTV for the AMS service before it took off, but it probably wasn't a lot of money.
It would have been better to apply for the FTV for the AMS service before it took off, but it probably wasn't a lot of money.
Apr 5, 2022, 7:16 am
#780
Join Date: Aug 2013
Location: London
Programs: BAEC Gold, Mucci: Classe de la Luxe Eternelle
Posts: 816
So you were cancelled and rebooked to a day later - that gives rise to EC261 on its own so long as it wasn't a USA operated flight. So AMS doesn't make a difference, it's the same sum for LHR as AMS.
It would have been better to apply for the FTV for the AMS service before it took off, but it probably wasn't a lot of money.
It would have been better to apply for the FTV for the AMS service before it took off, but it probably wasn't a lot of money.
And so this means I am only entitled to compensation for the original cancellation - not the subsequent delay on the new flights?