zanderblue

Absolutely yes.
I had an identical response last month. I replied to their email and pointed it out to them and asked for full amount in GBP. I had a reply back within 2 days apologising for their error and agreeing to pay the correct amount.
I don’t believe that it’s accidental that the exchange rate calculation is always in BAs favour.

Definitas

I didn’t quite frame my question correctly so apologies for the confusion. My understanding (albeit limited) is that she can claim duty of care costs for the extra night in Reykjavik (food and accommodation) and also claim delay compensation for the late arrival of the replacement flight. Assuming that is correct, is there any need to claim the two elements separately or can it all be done in one go?

corporate-wage-slave

It can be done in one claim. Strictly speaking it's 2 separate events but the same Customer Relations agent would handle both matters and they will see the connection. The slight advantage in splitting it into 2 claims is that it is possible the Right to Care component will be paid more rapidly than the delay to the Keflavík service. But there is probably only a week or two in that so personally I would keep it together.

Definitas

I always thought KEF was the US Airforce Base so that's something else I have learned courtesy of FT

Definitas

The inbound BA800 on 12 Jun was delayed by over 3 hours, which caused the knock on delay to BA801. Could somebody please look to see what reason was flagged for that delay. Many thanks

KARFA

CIHY noted the reason in the other thread https://www.flyertalk.com/forum/34329860-post3.html

GLA350

To those who have received compensation payments derived from the EC261 Euro amounts, I recommend that you reply to the customer relations agent and request any difference in compensation.

It took me two attempts but they have just agreed to remedy this for my paid claims.

ABZLocal

For reference, for those that haven't done CEDR, I had the option to "Accept Offer" or "Reject". Yesterday, I chose the Accept Offer and put in the note to BA below this, that I believe the rule of thumb is 300 Eur = £260. I received a reply today agreeing to the 4 x £260 = £1,040. I didn't want to reject and hoped it would be noted and agreed, which it has been.

Timeline below for information to assist others.

30/03/22 - Flight delayed >3 hours due to IT outage.
13/04/22 - Email to BA Customer Services
21/04/22 - Response from BA denying EC261
21/04/22 - I replied stating this was not exceptional circumstances.
22/04/22 - Response from BA stating extraordinary circumstances.
22/04/22 - I issued LBA.
25/04/22 - Final response from BA stating next step CEDR
25/04/22 - Opened dispute with CEDR
19/05/22 - Reviewed and accepted by CEDR. BA given 60 working days.
13/06/22 - BA accepted claim and agreed payment.
13/06/22 - I accepted offer but asked for correct amount (my mistake as used exchange rate of the day).
14/06/22 - 4 x £260 agreed and will be paid within 21 days.

Case closed. Thanks again to CWS and Tobias in particular for their help and this site in general for the wealth of shared knowledge.

haroon145

Hi,

I just received a notification of LGW AMS (BA2824) being cancelled on Thursday this week. Auto-rebooked to LCY service departing 20 mins earlier.

Could someone please help check if the cancelled service qualifies for compensation and the cancellation reason?

Also, as there are no other LGW services that day, could I claim expenses such as a hotel if I depart from LHR the evening before as departing from LCY is not suitable?

Thanks.

corporate-wage-slave

It's down as OPEY, operational and potentially yes to EC261 (and probably really means a shortage of crew). I doubt you are in the frame for compensation though if rebooked 20 minutes earlier, the allowed time frame is 1 hour before schedulded departure to 2 hours after scheduled arrival. The basis of this would have to be the time difference of the two different airports. You can move to other services -3 days to plus 14 days minimum, maybe more under the COVID-19 guidelines, but I would struggle to see the basis for Right to Care if you did move to another flight given the alternative. You indicate that LCY doesn't work for you, so you would need to convince BA / CEDR / MCOL that this reason somehow over-rides BA's rebooking alternative.

Leslie Green

Is anyone with Expert Flyer access able to confirm a cancellation reason for two BA flights please?
Chasing compensation for 2+ months and not getting anywhere so looking to escalate and need as much info as possible.Flight number: BA0393
Departure airport: Brussels Airport, BRU
Scheduled departure time: 07/04/2022 11:20 AM
Arrival airport: London Heathrow Airport, LHR

And:

Flight number: BA1328
Departure airport: London Heathrow Airport, LHR
Scheduled departure time: 07/04/2022 13:20 PM
Arrival airport: Newcastle Airport, NCL

corporate-wage-slave

Welcome to Flyertalk and the BA forum.

Unfortunately ExpertFlyer and other sources only hold the data for a few days, which is why canny FTers ask here straight away. However the onus is not on you in this area, it's entirely on BA to prove their arguments. So if you are now 8 weeks past the initial complaint you can go to CEDR saying you believe the flight is eligible for EC261 without needing anything specific about that. BA will then need to respond and at that point they give chapter and verse (or are supposed to) as to what when on with these 2 flights.

Leslie Green

Thanks very much for that. I'll raise it with CEDR tomorrow, BA have had long enough. I got a weekly email from them in the beginning saying it was being looked into then nothing for over a month!

orbitmic

I promised an update on BA's refusing to pay compensation for my flight to Cyprus which they cancelled with less than a week's notice. View Single Post - The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004 - FlyerTalk Forums

Today, nearly 5 months after the flight was due to take off, I received confirmation from CEDR that my claim was successful in full. As mentioned, earlier in the thread for those who remember, I mostly focused my case on the airline failing to take "all reasonable measures" to prevent the cancellation, particularly referring to the fact that whilst the airline was making a very general case, in practice, the last change of entry requirement for Cyprus dated one month before the flight, did not involve quarantine, and was in fact a slight easing on the previous rules.

In effect, the adjudicator seemed to agree. In slightly more details:

1) They granted them the exceptional circumstances based on the generic pandemic argument;
2) However, the adjudicator rejected the airline's argument that no reasonable measure could have been taken to avoid the cancellation;
3) Specifically, the adjudicator highlights that when it comes to the specific flight cancellation, the airline did not explain why it could not adjust schedules earlier given the timeline of the Cyprus entry regulations, especially if it could foresee, based on its own traffic data, that one daily flight might be sufficient.
4) The final phrasing stresses in particular (as I argued) that the airline did not provide evidence as to why the flight could not have been cancelled more than 2 weeks before the date based on what the airline knew;
5) As a result, the compensation claimed (£350) is awarded in full, which they have to comply with within 28 days.

A few thoughts on the CEDR process to resolve such a dispute:

Pros:
- The biggest pro is that I got the outcome which I honestly believe I deserved, ie a ruling in my favour (ok I know people always think others should rule in their favour, but to be clear, I have been denied plenty of requests in the past and this is the first time I started proceedings when it was denied and this could not be resolved amicably);
- The process is free and you do not need a lawyer, a third party, or anyone to support you.

Limits:
- The process is not as slow as some others, but not very fast either. It took 5 months for a resolution to get the "right" deadlock phrasing from BA, put the case together, wait for BA to respond after they asked for extensions which were granted, answer their objections, and finally wait for the adjudicator's decision. It will likely take another month before BA pays, so make it 6 months in total;
- The process is time consuming. BA throws plenty of irrelevant documents your face (about 30 if I remember), which they undoubtedly add to every single answer they make, but you still need to read everything and answer everything for fear that if you don't you might miss the one argument they could make that might actually have face value. At least, that was my strategy, and in my response, I did choose to add at least 1-2 lines on every document submitted even (most of the time) to explain why it was irrelevant or no longer relevant in my case (e.g. BA referring to government decisions that had been repelled by the time I was due to fly).
- From that point of view, I really think that BA's strategy was to waste the adjudicator and my time and there is no incentive for them to do that.
- From that point of view, in terms of "community spirit", I guess the issue with CEDR if your case is genuinely strong is that the best you can get is what you should have got in the first place, and the worst that can happen to BA is that they pay what they should have paid in the first place. There are no costs to be awarded, no additional cost for them to make a case which we all know they realise will fail, and in that sense, they just hope that some people will be discouraged and give up. Indeed, I'm not sure I would have spent the time it all takes if I was due, say, the short band compensation or reduced compensation.

But anyway, the news is good in the end. I would add that whilst I am glad I will get my compensation in the end, it did leave a bit of a bitter taste against BA. I have had plenty of disagreements with airlines over the years and that is normal, but I do like people who play fair, and in this case, I do not think that they did. There are multiple occasions when I could have rightly asked EC261 compensation from BA but chose not to, because I felt that they did try all they could or that it was counter-balanced by acts of good will some other times (I am more systematic when claiming duty of care, but not really when it comes to compensation), and I may well be less inclined to do so in the future because of this. I don't really care about apologies, but I think that if BA were clever, they would send one alongside the payment (I don't suppose that they will).

corporate-wage-slave

I would hope you get the payment in around a week, the difference with general claims is that there is a named paralegal who sees the case through from end to end and therefore the claim doesn't go into a general queue of other payments. But many thanks for the detailed CEDR Trip Report, even if there weren't so many photos, and ultimately you can have a few dinners out to mitigate the disappointment of missing your short trip to Cyprus. 5 or 6 months is not acceptable, and that was compressed slightly because you were in scope for CEDR before the usual 8 week starting gun. CEDR is paid for by BA and so if BA says to CEDR "we really don't have the staff to process these claims within 3 weeks" then CEDR isn't in a position to get cross with BA about that. If you feel minded, you could make that point, about the way that ADR isn't working, to the chair of the CAA's Consumer Panel, a bunch of non-flyers that advise the CAA on the consumer's perspective. The current chair is someone you may know, the former LibDem MP and minister, the Right Hon. Jenny Willott OBE.

[email protected]
(you may need to persist that the matter goes to Ms. Willott, the CAA doesn't really want consumers to talk to the consumer panel but that's another issue).