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
#1351
Join Date: Mar 2012
Location: ESH
Programs: BAEC Silver, Lidl Plus
Posts: 325
BA2826 cancellation, 13 Jun 2022
Is anyone with Expert Flyer access able to confirm a cancellation reason for BA2826 1125 LGW-AMS on Mon 13 Jun?
I’ve been rebooked onto BA2762 at 1625 and accepted this - it’s not a disaster for my itinerary. But as this puts me in AMS five hours later than originally planned, assuming it’s within BA’s control if I’ve understood this correctly I should be eligible for EC261 compo.
I’ve been rebooked onto BA2762 at 1625 and accepted this - it’s not a disaster for my itinerary. But as this puts me in AMS five hours later than originally planned, assuming it’s within BA’s control if I’ve understood this correctly I should be eligible for EC261 compo.
#1352
Join Date: Jul 2013
Programs: BA GGL/CCR, Hilton Diamond *, IHG, Couples Romance Rewards
Posts: 2,351
Is anyone with Expert Flyer access able to confirm a cancellation reason for BA2826 1125 LGW-AMS on Mon 13 Jun?
I’ve been rebooked onto BA2762 at 1625 and accepted this - it’s not a disaster for my itinerary. But as this puts me in AMS five hours later than originally planned, assuming it’s within BA’s control if I’ve understood this correctly I should be eligible for EC261 compo.
I’ve been rebooked onto BA2762 at 1625 and accepted this - it’s not a disaster for my itinerary. But as this puts me in AMS five hours later than originally planned, assuming it’s within BA’s control if I’ve understood this correctly I should be eligible for EC261 compo.
Comments:
DOBA2826/13JUN
* OPERATIONAL FLIGHT INFO * BA2826 1 MO 13JUN22
CITY INFO HOUR (LOCAL)
FLIGHT CANCELLED 1704
CCRY
*1A PLANNED FLIGHT INFO* BA2826 1 MO 13JUN22
APT ARR DY DEP DY CLASS/MEAL EQP GRND EFT TTL
LGW 1125 MO JCDRI/M YB/G 320 1:40
HKMLVNOQSG/G
AMS 1405 MO 1:40
COMMENTS-
1.LGW AMS - MEMBER OF ONEWORLD
2.LGW AMS - DEPARTS TERMINAL S
3.LGW AMS - 9/ NON-SMOKING
4.LGW AMS - ET/ ELECTRONIC TKT CANDIDATE
5.LGW AMS - CO2/PAX* 59.43 KG ECO, 59.43 KG PRE
(*):SOURCE:ICAO CARBON EMISSIONS CALCULATOR
CONFIGURATION-
320 C 18 M 150
>
#1354
Join Date: Nov 2012
Programs: BA Silver, VS Silver
Posts: 783
I meant I asked at Galleries Club if there was any Club Europe availability. 1 C seat had been coming and going all morning, but by the time I got to LHR the flight was completely full. Galleries Club guest services rang (I assume) the FMU but no dice. Thankfully TS kept an exit window for me 😉
#1355
Join Date: May 2016
Location: UK
Posts: 456
My daughter just flew back from RKV to LHR. Her flight was cancelled more than 14 days ago and she was booked onto the next flight 24 hours later. Subsequently, the new flight was just over 3 hours late. She informed BA at the time that the 24 hour delay was imposed that she intended to claim “duty of care” for food and an extra night of accommodation which was acknowledged on Twitter. Is the delay claim one and the same as the 24 hour delay or will she have to submit two separate claims?
#1356
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,977
So duty of care will be an expenses claim for the accommodation.
I am not sure about any claim for the 24 hours, that was notified and dealt with outside the 14 day period so it isn't something you can get compensation for. However, the 3 hour delay that could be worth a claim for compensation and from the other thread it does seem to be something which is not exempt.
I am not sure about any claim for the 24 hours, that was notified and dealt with outside the 14 day period so it isn't something you can get compensation for. However, the 3 hour delay that could be worth a claim for compensation and from the other thread it does seem to be something which is not exempt.
#1357
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,852
My daughter just flew back from RKV to LHR. Her flight was cancelled more than 14 days ago and she was booked onto the next flight 24 hours later. Subsequently, the new flight was just over 3 hours late. She informed BA at the time that the 24 hour delay was imposed that she intended to claim “duty of care” for food and an extra night of accommodation which was acknowledged on Twitter. Is the delay claim one and the same as the 24 hour delay or will she have to submit two separate claims?
As for the claim for comp. for delay, it will depend on whether the delay was caused by extraordinary circumstances. You state in your previous separate thread that the delay was caused by incoming flight to RKV being delayed. If this flight was delayed due to extraordinary circumstances the claim for comp. under EU Reg. 261/04 will be denied.
#1358
Join Date: Jan 2010
Location: UK
Programs: BAEC Silver
Posts: 756
As for the claim for comp. for delay, it will depend on whether the delay was caused by extraordinary circumstances. You state in your previous separate thread that the delay was caused by incoming flight to RKV being delayed. If this flight was delayed due to extraordinary circumstances the claim for comp. under EU Reg. 261/04 will be denied.
#1359
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,977
As I understand there are 2 criteria that would apply. Extraordinary circumstances beyond airlines control and airline must take all reasonable actions to mitigate disruption. I’d guess a reasonable action in this case might be replacement aircraft or crew, especially if the flight was originating at a main base in UK. BA cannot arbitrarily decide to delay by 24 hours for commercial or operation expediency and expect to not be liable for compensation.
It is the 3 hour delay on the day which is relevant to the compensation claim, and this delay seems to result from a technical issue with the aircraft delaying the outbound - this is all noted on the thread I linked to a few posts above.
#1360
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,852
You miss the facts. There is no cancellation of 24 hours. Intially the flight was cancelled more than 2 weeks out and the pax got rebooked to the same flight a day later. There is nothing to claim for this.
BUT on the day of traveling the (new) BA flight departed late and arrived LHR with a delay slightly more than 3 hours because incoming flight to RKV was delayed.
BUT on the day of traveling the (new) BA flight departed late and arrived LHR with a delay slightly more than 3 hours because incoming flight to RKV was delayed.
#1361
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,977
My avgeek OCD is going to have a meltdown in a minute if one more person says RKV!
#1363
Join Date: Jan 2010
Location: UK
Programs: BAEC Silver
Posts: 756
You miss the facts. There is no cancellation of 24 hours. Intially the flight was cancelled more than 2 weeks out and the pax got rebooked to the same flight a day later. There is nothing to claim for this.
BUT on the day of traveling the (new) BA flight departed late and arrived LHR with a delay slightly more than 3 hours because incoming flight to RKV was delayed.
BUT on the day of traveling the (new) BA flight departed late and arrived LHR with a delay slightly more than 3 hours because incoming flight to RKV was delayed.
Nonetheless, my contention that there are 2 criteria that apply is still valid and I’d suggest that a claim for the delay may have merit.
#1364
Join Date: Jul 2014
Programs: Flying Blue Petroleum, BA Exec Club
Posts: 111
I was on BA208 on the 30th of March and claimed EC261 compensation due to the late arrival of the aircraft. BA have responded with the below, which is incorrect.
"BA209 on 30 March was delayed by 191mins. This was partly due to system issues at the airport which delayed the flight by 158mins. The remaining minutes of the delay were caused by the previous aircraft arriving late after losing time in the air. As 33mins of the delay was outside of British Airways control, your claim has been refused."
"BA209 on 30 March was delayed by 191mins. This was partly due to system issues at the airport which delayed the flight by 158mins. The remaining minutes of the delay were caused by the previous aircraft arriving late after losing time in the air. As 33mins of the delay was outside of British Airways control, your claim has been refused."
Update on this one, BA have issued a final response. "our decision hasn’t changed and the responses you’ve received about the eligibility of your EU compensation claim are correct. This means you won't receive any further responses from us about this claim. You can refer your complaint to the Centre for Effective Dispute Resolution (CEDR)...."
I started CEDR yesterday afternoon and will update this thread when I get a response.
I started CEDR yesterday afternoon and will update this thread when I get a response.
"Firstly, we would like to apologise for the delay to your travel on 30 March 2022. We do not underestimate any inconvenience caused.
We appreciate you were initially advised that your claim for compensation in line with EC Regulation 261/2004 had been refused because the delay was “extraordinary circumstances”. We have re-assessed the details of this flight, and can confirm that EU compensation will now be paid for this delay. Please accept our apologies that this was not decided sooner.
The distance of your disrupted journey was over 3,500km and this has been calculated in accordance with EU legislation. Because you arrived at your destination within four hours of your scheduled arrival time, you’re entitled to €300.00 each in compensation, which is 50% of the full amount.
Should you wish to accept our offer of compensation, which comes to a total of £1,012.68, please select the option to accept on this portal and we will process a bank transfer......"
I used the exchange rate of the day, however I see 600 EUR being quoted as £520 here. Should I ask for 4 x £260 = £1,040? It's only an extra £28.
#1365
FlyerTalk Evangelist
Join Date: Nov 2004
Location: Denmark
Programs: TK Elite
Posts: 11,852
No, just accept the offer and get on with it. Let BA deal with other claims.