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
#1172
Join Date: May 2017
Posts: 2,016
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.
#1173
Join Date: Aug 2010
Location: Manchester
Programs: BAEC (Silver), Hilton HHonors (Gold)
Posts: 312
#1174
Join Date: Jan 2013
Location: London, UK
Programs: BA GGL, A3 Gold, M&M SEN, FlyingBlue Gold, AS MVP Gold, Hilton Diamond, IHG Spire Amb
Posts: 902
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?
#1175
Join Date: Nov 2016
Location: NQY
Programs: BAEC
Posts: 500
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)
#1176
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: 63,809
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?
London Heathrow & Gatwick Airports
which takes a bit of flddling around to use / understand.
#1177
Join Date: Jan 2013
Location: London, UK
Programs: BA GGL, A3 Gold, M&M SEN, FlyingBlue Gold, AS MVP Gold, Hilton Diamond, IHG Spire Amb
Posts: 902
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.
London Heathrow & Gatwick Airports
which takes a bit of flddling around to use / understand.
#1178
Join Date: Jul 2016
Location: DUB
Programs: BA Gold; AA LTG MM
Posts: 103
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.
#1179
FlyerTalk Evangelist
Join Date: May 2014
Location: UK
Programs: BA Gold
Posts: 12,259
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
** 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
#1180
FlyerTalk Evangelist
Join Date: Nov 2018
Location: Istanbul, Turkey
Programs: TK Elite Plus,BAEC GGL,ITA Executive, AFKL Gold,QR Gold,HH Diamond,Bonvoy Gold,ALL Gold
Posts: 14,186
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
** to add - it was aborted just before take off due to issue with nose wheel. EF shows - DELAY ZO
They have arrived at their final destination within 4 hours of original arrival time ( over 3500km ), thus no compensation is due.
#1181
FlyerTalk Evangelist
Join Date: May 2014
Location: UK
Programs: BA Gold
Posts: 12,259
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.
#1182
Join Date: Nov 2016
Posts: 8
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 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
#1183
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: 63,809
#1184
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: 63,809
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?
#1185
FlyerTalk Evangelist
Join Date: May 2014
Location: UK
Programs: BA Gold
Posts: 12,259