GLA350

A question about rerouting to an alternative airport.

I had both sectors of my journey to Seville (LHR-MAD-SVQ) on May 28th cancelled with just 24hrs notice. I was not offered an alternative flight to Seville until Monday 30th May so asked instead to be rerouted to Malaga on the 28th and arranged an onward transfer. I arrived on time to Malaga but this was 1hr 45mins later than my original flight would have arrived to Seville. Is this the total length of the delay or does it include some or all of the time taken to reach Seville?

Thanks in advance for any help.

corporate-wage-slave

You should add in the time to get to Seville to the Malaga arrival time, I would argue "your final destination" remains Seville. Had you accepted BA's original offer to Monday, then you would also have been well over the time needed for compensation. There is an issue here in that the definition of final destination is what it says on your ticket at check-in, which presumably was AGP. However this can in turn be challenged by the reference in the same definition - on the issues of connections - to the original planned ariival time, i.e. before the change. BA are also responsible for the costs of getting you to Seville, regardless of what they said at the time.

mastutio

Sorry if this is a silly question. The gov.uk website states 'Claims issued in MCOL must be for no more than one claimant and against no more than 2 defendants (people or organisations)' Does this mean each person in a travelling party must make their own claim or is a travelling party on one booking classed as one claimant?

corporate-wage-slave

If you are using MCOL, the best tactic is to put in one claim only for one person, get through that, and then point out to BA that you will rinse and repeat. Usually that does the trick without much extra difficulty. By all means mention in your MCOL submission that there were other people in your party and they will form part of a separate submission in due course.

johnaalex

Please keep us posted, just in case I have use CEDR. Thank you.

GLA350

Thank you for this swift response.

I've had something of a run of bad luck with my travels with BA this year so I'm grateful to you again, C-W-S, for your guidance in this thread.

giansil

HI All,

Would appreciate if someone has any idea on how BA pays the claim for EC261? I received a successful response to my claim on 26th May 2022 for a delayed flight LHR/ATH for my mother and myself (different last names, same claim). BA answer was "400 EUR each and we will transfer the total directly into your account within 14 business days" but today I received only the compensation of one passenger into my UK bank account but missing the compensation of the other passenger on the booking (just received EUR 400.00 instead of EUR 800.00). Any light on this?

Thanks!

tlott

Following up, BA replied to my CEDR case accepting that they are liable for the delay (opposite of their initial customer care reply to me) and agreed to pay £520/passenger.
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SK AAR

My guess is that BA takes the view that you are not entitled to collect the compensation for others/your mom. She would probably have to contact BA and authorise the payment into your account.

SK AAR

If you requested to be rerouted to AGP and arrived with only 1h:45m delay, I fail to see how this can qualify for EU Reg. 261/04 compensation as AGP will regarded as your new final destination.

konagirl2

Hi, firstly thanks to everyone who contributes to this board and thread for your help!

I am trying to work out (1) who I can claim duty of care expenses and compensation from and (2) whether to do MCOL or CEDR for ease / simplicity.

2 travellers, caught out by Comair's grounding in March 2022, on the return leg (PLZ-JNB-LHR) on a BA Holidays package. So the original cause of the delay was PLZ-JNB being cancelled, BA didn't correspond with us at all, their delay in contacting us and refusal to rebook our long-haul on any other airline (e.g. Qatar) meant we were delayed by 2 days. So that's one lot of expenses (duty of care). Then from JNB-LHR two days later, the aircraft had an instrumentation issue and was delayed another 24 hours, so that's more duty of care expenses and a solid case for UK261 compensation due to both passengers. We put in a claim ~10 weeks ago and last had an email saying 'sorry for the delay in responding' in April 2022 so it's time I wrote a letter before action. The BAH duty call handler explicitly said we could claim our expenses through BA (not Comair) so for MCOL/CEDR is the claim for all expenses and compensation against BA Plc (or BA Holidays) or do I need to unpick the expenses caused by Comair and the expenses caused by BA long-haul? And then because there are some expenses on my credit card and some on my partners, can I claim for everything from CEDR in one claim? I think this will be simpler than trying to split the expenses and compensation claim for MCOL and then going through it all again for the second person. Can you claim interest through either CEDR or MCOL for BA's delaying tactics/failure to respond? Thoughts? (Thanks in advance)

Bohinjska Bistrica

Interestingly, BA has now responded to this, 14 weeks to the day that the complaint was raised.

They have said that I'm entitled to a partial refund of the fare paid and that they'll be in touch separately about this. I'll await further details.

LasVegasBuck

Does anyone have an idea of how long it takes for a request like this to be processed? On 30 May I was downgraded from First to CW at the gate due to a broken seat, even though it wasn't even my seat. I sent them the below email last week, this was a paid reservation and I am now BA silver. I send this to the email address listed on the from letter they gave me at the gate

​​​​​​I was downgraded from First to Club World at the gate due to broken seat. (1A) However the actual broken seat was not mine but another passenger who was given my fully operational seat (my boarding pass seat was 2A), despite the fact that I had purchased the seat almost a year prior on June 20 2021. I respectfully request my 75% fare reimbursement per EC 261/2004. In addition I request a significant discount code or First Upgrade code for a future flight as compensation for this issue. In my opinion the fact that it wasn't even my seat that was broken, warrants this additional concession from BA. I appreciate your consideration of this request.

corporate-wage-slave

It depends on whether you can banking details to BA as part of this claim, or whether BA have simply refunded to your original point of payment. And also how the original payment for your ticket was done. But if for example you did not provide banking details AND you paid for both tickets yourself then I would expect the other 400€ to follow in a day or two. Either way you would need to wait 3 weeks from that message before complaining about it. Sometimes mistakes are made with payments but usually they can be quickly rectified.

corporate-wage-slave

As ever, MCOL for fastest results, CEDR for ease of process. If you are past 10 weeks then you can go to CEDR without any further delay and put the whole amount in one claim. For MCOL just make one claim, reference the other claim in the documentation but exclude it from the amount claimed. When BA concede or you win the case then you can threaten the rinse and repeat, plus you will have the direct email of someone in BA to resolve it. With MCOL you can claim interest, however BA as a policy won't pay it unless the court specifies it. You can use this as a bargaining chip, so include that and every other item you can think of if you go MCOL. Strictly speaking this are two separate claims from two different business units, and BA may use that in the defence statement for MCOL (but not CEDR) but you will say "codeshare, BAH, all moneys went to BA" and I doubt a judge would give BA any space on that argument. It seems a clear case to me, so I would be OK on CEDR for this, if you accept the potentially lengthy process.