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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 May 15, 2022, 4:48 am
  #1171  
 
Join Date: Jan 2007
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Originally Posted by Tobias-UK
No, they should pay the statutory amount in GBP in accordance with UK law, and that law is the UK version of EC261:
Yes, I'm aware of that but what I was pointing out is the other note wasn't quite correct.
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Old May 15, 2022, 10:11 am
  #1172  
 
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Originally Posted by corporate-wage-slave
BA has to maintain two systems here, whiich is a bit awkward.
But isn't it similar for EU airlines?

From the UK to the EU: BA passengers get compensation based on UK law. If on an EU airline, then the passenger can choose either the EU or UK law.
From the EU to the UK: BA passengers choose either the EU or the UK law. Passengers on EU airlines are probably forced to pick EU law?
From the UK to Canada: Passenger can choose either UK or Canadian law.
From the US to the UK: If the flight is overbooked, BA passengers may prefer to use US law instead of UK law.
Et cetera.

Just remember to sue in the UK if you want UK law and in the EU if you want EU law.

If flying a long distance from the EU to the UK, remember to check the exact distance. EU to EU, longer than 3500 km: you get €400 if the flight is delayed. EU to non-EU, longer than 3500 km: you get €600 if the flight is delayed. After Brexit, it would seem that all routes from Larnaca to Scotland changed from €400 to €600. LCA-NCL and LPA-LSI are also longer than 3500 km.
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Old May 16, 2022, 3:21 am
  #1173  
 
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Originally Posted by sayling
Very much varied - some advise a week or two, some have heard nothing for many months
What have people tried to expedite a response? I have been waiting 2+ months now.

NV
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Old May 16, 2022, 3:50 am
  #1174  
 
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In their defence, BA claim that the evening flight on 20 February that was delayed overnight in an outstation, is not eligible for compensation claiming extraordinary circumstances (weather and ATC delays). Where can I find historical arrival records for LHR, as I'm smelling some bs here?
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Old May 16, 2022, 3:59 am
  #1175  
 
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Just posting to illustrate how backlogged they are now. I had a cancellation on the 27th of Feb which I claimed either same or next day for EU compensation, today 16 May I've just received a response acknowledging it and saying the money is on its way! ( I didn't chase, I just let it take its time - I would have done had I got to June)
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Old May 16, 2022, 4:03 am
  #1176  
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Originally Posted by wmaciej
In their defence, BA claim that the evening flight on 20 February that was delayed overnight in an outstation, is not eligible for compensation claiming extraordinary circumstances (weather and ATC delays). Where can I find historical arrival records for LHR, as I'm smelling some bs here?
It depends on the details, but usually it's best to ask here or elsewhere in the forum within 48 hours of the original flight so we can extract the dispatch information. After that it vanishes and we can't retrieve it. Sometimes there will be a thread or post on the specific details to a flight if there is a bad delay. Some weather sites keep historical recards. There is also
London Heathrow & Gatwick Airports
which takes a bit of flddling around to use / understand.
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Old May 16, 2022, 4:19 am
  #1177  
 
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Originally Posted by corporate-wage-slave
It depends on the details, but usually it's best to ask here or elsewhere in the forum within 48 hours of the original flight so we can extract the dispatch information. After that it vanishes and we can't retrieve it. Sometimes there will be a thread or post on the specific details to a flight if there is a bad delay. Some weather sites keep historical recards. There is also
London Heathrow & Gatwick Airports
which takes a bit of flddling around to use / understand.
Thanks c-w-s. Looks like I've missed the boat for February. I recall seeing data points for 20 Feb here, but searching for specific messages will be a handful 🙈 I'll do my best
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Old May 16, 2022, 4:54 am
  #1178  
 
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Originally Posted by wmaciej
Thanks c-w-s. Looks like I've missed the boat for February. I recall seeing data points for 20 Feb here, but searching for specific messages will be a handful 🙈 I'll do my best
A flightradar24 Silver subscription at $9.99 a year gives you 90 days of data on arrivals and departures, so you're still just within that window. If you can find non-BA flight numbers in and out of Heathrow on that day, you can see how the competition fared on delays and cancellations.
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Old May 16, 2022, 7:50 am
  #1179  
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My super excited friends flight to JNB last night pre safari (BA55) was nearly four hours late and then arrived about 3.5 hours late. They've missed a separate onward flight, but that's irrelevant to this...Am I right in thinking that they may be eligible for 300EUR ?

** to add - it was aborted just before take off due to issue with nose wheel. EF shows - DELAY ZO

Last edited by mikeyfly; May 16, 2022 at 7:56 am
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Old May 16, 2022, 7:59 am
  #1180  
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Originally Posted by mikeyfly
My super excited friends flight to JNB last night pre safari (BA55) was nearly four hours late and then arrived about 3.5 hours late. They've missed a separate onward flight, but that's irrelevant to this...Am I right in thinking that they may be eligible for 300EUR ?

** to add - it was aborted just before take off due to issue with nose wheel. EF shows - DELAY ZO
Their separate onward connection would not change anything I'm afraid.
They have arrived at their final destination within 4 hours of original arrival time ( over 3500km ), thus no compensation is due.
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Old May 16, 2022, 8:08 am
  #1181  
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Originally Posted by ISTFlyer
Their separate onward connection would not change anything I'm afraid.
They have arrived at their final destination within 4 hours of original arrival time ( over 3500km ), thus no compensation is due.
I had quickly skimmed the first few posts - and thought this was relevant :

To be clear: a flat delay, without rerouting and/or cancellation, needs at least 3 hours late against the advertised arrival time, and doors opened ready for passengers to leave. So probably for most passengers, where they find themselves waiting at an airport, or waiting for take off, for a long period - it's only the arrival time / door open that matters and if must be at least 3 hours for eligibility for any compensation applies. For longer trips - over 3,500 km (basically the distance from London to Beirut) - then you will get full compensation after a 4 hour delay, and a reduced 50% rate for delays between 3 and 4 hours. This is purely for delays, and it is calculated on arrival time, not all the hanging around at departure.
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Old May 16, 2022, 8:11 am
  #1182  
 
Join Date: Nov 2016
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Originally Posted by Supersax
We had a few days in Nice at the end of March which were affected by BA's latest IT problems. Our return flight arrived late at night at Heathrow which meant that we had to book an overnight hotel as there were no trains back home (we live in the East Midlands). When we arrived at Heathrow a BA staff member told us that BA would not be booking hotels for anyone, nor would they me arranging onward transportation, but that we should book our own hotel-up to the value of £200- and then reclaim it. So this we did.

BA have agreed the statutory claim under EU261 (the flight landed 4 hours late) but have refused to refund the cost of the hotel, stating that because they were incurred after the flight had landed, they were 'outside our contractual agreement' , despite the fact that we booked it on the advice of their staff member, and were left with no alternative.

I asked them to reconsider, but they've re-iterated their stance, adding 'You arrived in London at a reasonable hour, therefore your remaining expenses are not to be reimbursed' (we landed at 21:30 instead of the scheduled 17:30, however the baggage wasn't delivered until 23:15-not what I'd call a 'reasonable hour').

Is it worth pursuing the claim to arbitration? Or am I on to a loser here? Does an airline's duty of care end once they've delivered you to your destination, even if it leaves you having to pay for an extra night's accommodation?

Any advice would be appreciated.

Fwiw -the booking was with BA Holidays, not BA
BA have now responded further, stating that although they do not consider that they are liable for post-arrival expenses, they are willing to pay the hotel and rail expenses that I've requested, as an e-voucher. Now, it's quite unlikely that BA will go under, so there's next to no risk from that point of view, but is there any other reason not to accept the e-voucher? How long do e-vouchers last?
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Old May 16, 2022, 8:20 am
  #1183  
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Originally Posted by mikeyfly
I had quickly skimmed the first few posts - and thought this was relevant :
That's correct, it's the reduced rate that applies for delays on longer flights, over 3 hours but under 4 hours. This seems a relatively straightforward claim.
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Old May 16, 2022, 8:24 am
  #1184  
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Originally Posted by Supersax
BA have now responded further, stating that although they do not consider that they are liable for post-arrival expenses, they are willing to pay the hotel and rail expenses that I've requested, as an e-voucher. Now, it's quite unlikely that BA will go under, so there's next to no risk from that point of view, but is there any other reason not to accept the e-voucher? How long do e-vouchers last?
Personally I find e-vouchers quite handy since they are easy to use online, easier than using a credit card. You can use them for part payment on several smaller transactions or on one big transaction, you get a revalued e-voucher as you work through the value. The BWC e-vouchers are expiring end September 2023. I suspect it's open to BA to set any expiry date they wish, so it would be reasonable to say that you will accept the e-vouchers, so long as they have at least a 12 month expiry, or whatever works for you.
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Old May 16, 2022, 8:31 am
  #1185  
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Originally Posted by corporate-wage-slave
That's correct, it's the reduced rate that applies for delays on longer flights, over 3 hours but under 4 hours. This seems a relatively straightforward claim.
This will be a wonderful softener for them! Thanks as always corporate-wage-slave
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