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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 Jun 15, 2022, 3:53 am
  #1381  
 
Join Date: Dec 2016
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An update on an edge case claim. I had a booking to Bucharest, ex JER. The Bucharest flight was cancelled just outside 14 days (a matter of hours), and in fact the booking wasn't even ticketed, because there had been a policy change from 12 months from flight date to original ticket validity while my change request was in the ticketing queue (this was sorted out via a FoC rebooking to a different PNR).

I claimed £350 compensation on the basis my journey was from JER->OTP as the JER flight (not cancelled) was inside the 14 day period. I must admit I was expecting an argument, but got an almost immediate agreement. So a good outcome, and for once BA exceeding expectations in a good way.
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Old Jun 15, 2022, 6:32 am
  #1382  
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Originally Posted by 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).
ah thanks. Good to know and I might indeed add my « perspective » as I agree it is too long (and I was only in scope before the 8 weeks before I insisted on the closure letter but even that took a couple of successive requests.

and sorry for the lack of photos. I can confirm that the food self-offering during the cedr journey met exacting standards!
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Old Jun 15, 2022, 8:47 am
  #1383  
formerly fdemoulin
 
Join Date: Jun 2010
Location: UK
Programs: SPG Lifetime Platinum, BA Silver, Virgin Flying Club Red
Posts: 916
I just had a cancellation yesterday, 20 minutes prior to departure! Wouldn’t have minded so much if had been alerted the night before so I wouldn’t have needed to make the arduous journey to Gatwick. Even the email cancelling the flight was sent after the original departure time. All pax were told to send in expenses for taxis, hotels, etc. was given an email to send the claim to which allows me to claim the EU compensation as well as the reasonable hotel/sustenance costs.

have a couple of questions:

is it best to send the claims separately or in one go, just don’t want one to hold up the other.

BA states they will pay up to £200 hotel costs for 2 people my husband and I were on separate bookings but want to put the one time claim through for both of us. Due to so many flights being cancelled and rebooked early the next morning most hotels were overbooked. The only hotel I could find was the Sofitel and nabbed the last room which was a club room. This came to £274 pplus a light meal. I did ask the Sofitel to send an email confirming the room I purchased was the last one. The only other hotels were some 10-15 miles away which apart from inconvenience would have added around £40 return to the claim. Am hoping they don’t deny my claim. It would have costed around £150 return to go home which I didn’t want to do as the rebooked flight left early the next morning. Any advice on how to pursue this in the best way.

finally arrive at my home in Mallorca after a nightmare flight ( but that is another story)
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Old Jun 15, 2022, 9:03 am
  #1384  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Originally Posted by fdem
is it best to send the claims separately or in one go, just don’t want one to hold up the other.

BA states they will pay up to £200 hotel costs for 2 people my husband and I were on separate bookings but want to put the one time claim through for both of us. Due to so many flights being cancelled and rebooked early the next morning most hotels were overbooked. The only hotel I could find was the Sofitel and nabbed the last room which was a club room. This came to £274 pplus a light meal. I did ask the Sofitel to send an email confirming the room I purchased was the last one. The only other hotels were some 10-15 miles away which apart from inconvenience would have added around £40 return to the claim. Am hoping they don’t deny my claim. It would have costed around £150 return to go home which I didn’t want to do as the rebooked flight left early the next morning. Any advice on how to pursue this in the best way.
If you send the expenses in first, then yes you may get that component paid relatively quickly, but equally you can put it in one claim and reduce the paperwork / processing. Typically it may end up being settled together if the claim in non-controversial, and the dispatch code for your flight was CCRY, so that suggests it won't be problematic. I guess it depends on whether you need the money quickly versus the extra work. The hotel guideline is £200, and going 15 miles from LGW doesn't strike me as unreasonable, sometimes people leaving LGW end up staying at LHR or vice versa. So if BA knocks your claim back to £200 then I don't think that's unreasonable. KLM's guideline is £100! The usual advice is to take screenshots if accommodation is in short supply. But BA may pay the whole amount if the other claims come in at that sort of rate, and they won't deny the claim, just a risk of it being scaled back.
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Old Jun 15, 2022, 10:28 am
  #1385  
 
Join Date: Jan 2007
Location: living near Malaga
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Posts: 2,111
HELP SOUGHT PLEASE

My wife and I both missed our connection at LHR to Malaga as was rerouted to Barcelona and then onto Vueling to get us back to Malaga arriving about 5 hours late..

This was part of a BAH holiday flight+car booking booked with BA Holidays directly and all on a 125-xxxxxxxxx ticketed booking.

The missed connection was due to a faulty ac unit causing a 90 min delay on a AA flight from JFK to LHR, the flight had a BA flight number - we arrived into LHR just as our original connection left as was met at the door with our new onward connection tickets.

My questions are
(1) Can I make a claim again AA or BA for this delay? If yes to whom do I claim?
(2) I paid for business and was downgraded into economy for the Barcelona to Malaga leg - do I need to make a second claim for that? If so to whom do I claim?

Thanks in advance.
SunshineBob
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Old Jun 15, 2022, 10:40 am
  #1386  
 
Join Date: Dec 2016
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If you were on a BA flight number, I think you have a claim against AA: "“Passengers of a delayed flight may claim compensation from a non-EU air carrier where that carrier operates the entirety of the flight on behalf of an EU carrier."
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Old Jun 15, 2022, 10:56 am
  #1387  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Originally Posted by sunshinebob
(1) Can I make a claim again AA or BA for this delay? If yes to whom do I claim?
(2) I paid for business and was downgraded into economy for the Barcelona to Malaga leg - do I need to make a second claim for that? If so to whom do I claim?
Originally Posted by bisonrav
If you were on a BA flight number, I think you have a claim against AA: "“Passengers of a delayed flight may claim compensation from a non-EU air carrier where that carrier operates the entirety of the flight on behalf of an EU carrier."
The claim would be against AA, and you were travelling from the USA to Europe. In which case EC261 doesn't apply and you won't get very far on that. If there are two flights from USA to UK on AA or BA and they are the same price then it's better to go BA purely on EC261 protections. Downgrade is also tricky since even if EC261 did apply it would only give a tiny refund in this scenario. My suggestion would be to go to BAH, explain that the end of the holiday didn't go very well and could they offer a customer service gesture in Avios instead of asking for downgrade reimbursement. If it was only 5,000 Avios it would probably be more than the EC261 bit for this.
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Old Jun 15, 2022, 11:14 am
  #1388  
formerly fdemoulin
 
Join Date: Jun 2010
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Programs: SPG Lifetime Platinum, BA Silver, Virgin Flying Club Red
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Originally Posted by corporate-wage-slave
If you send the expenses in first, then yes you may get that component paid relatively quickly, but equally you can put it in one claim and reduce the paperwork / processing. Typically it may end up being settled together if the claim in non-controversial, and the dispatch code for your flight was CCRY, so that suggests it won't be problematic. I guess it depends on whether you need the money quickly versus the extra work. The hotel guideline is £200, and going 15 miles from LGW doesn't strike me as unreasonable, sometimes people leaving LGW end up staying at LHR or vice versa. So if BA knocks your claim back to £200 then I don't think that's unreasonable. KLM's guideline is £100! The usual advice is to take screenshots if accommodation is in short supply. But BA may pay the whole amount if the other claims come in at that sort of rate, and they won't deny the claim, just a risk of it being scaled back.
thanks for your reply. To be honest I would be happy to pay the difference if BA won’t stump up, to be honest just happy I managed to get a convenient bed and then a flight the next day. We were in CE so we’re rebooked easily but many in ET had to wait longer due to lack of seats, oh the joy of travel!
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Old Jun 15, 2022, 2:28 pm
  #1389  
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Originally Posted by orbitmic
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).
And I can now confirm that they did not. Just a dry message through CEDR saying they need my bank details, but as I said, I don't really care about those and at least it came quickly.
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Old Jun 16, 2022, 11:29 am
  #1390  
 
Join Date: Oct 2001
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Just an update to give an idea of the current turnaround time. I submitted a claim under EC261 on 19 May - was, IMO, a slam dunk as BA delayed deplaning at LHR (staffing, I'd guess) and our rebooked flight was scheduled to arrive ~5 hours later than the original flight. After getting the usual weekly "your call is important to us, please hold . . ." emails, today I was informed that BA will be giving full compensation of 600Euros (the flight was >3500km). Overall turnaround time was under a month, which really isn't too bad these days.

One followup question, though - there were 2 of us traveling, same PNR, yet the compensation was only for my ticket. Does each person have to submit an individual request? Note that I paid for both tickets.
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Old Jun 17, 2022, 9:13 am
  #1391  
 
Join Date: Oct 2018
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Posts: 66
Lhr > jer ba2774

Just been notified my BA2774 LHR > JER has been cancelled tomorrow - with only 25 hours notice - flying in ET.

Originally due to depart at 1615hrs on 18/06. Been cancelled with 25 hours notice. It is literally for a ride - and a ‘no purpose’ trip for a day out - entirely for fun - paid with cash tickets.

DOBA2774/18JUN
* OPERATIONAL FLIGHT INFO * BA2774 1 SA 18JUN22
CITY INFO HOUR (LOCAL)

FLIGHT CANCELLED 0829
OPEY
*1A PLANNED FLIGHT INFO* BA2774 1 SA 18JUN22
APT ARR DY DEP DY CLASS/MEAL EQP GRND EFT TTL
LHR 1615 SA JCDRIUFAZ/M Y/G 319 1:05
BHKMLVNOQSG/G
XWETP/G
JER 1720 SA 1:05
COMMENTS-
1.LHR JER - MEMBER OF ONEWORLD
2.LHR JER - DEPARTS TERMINAL 5
3.LHR JER - 9/ NON-SMOKING
4.LHR JER - ET/ ELECTRONIC TKT CANDIDATE
5.LHR JER - CO2/PAX* 56.49 KG ECO, 56.49 KG PRE
(*):SOURCE:ICAO CARBON EMISSIONS CALCULATOR
CONFIGURATION-
319 C 24 M 107
>

I’m being offered a reroute as either:

LCY (BA8702 0825hrs) > EDI (BA2349 1545hrs) > JER (Arrives 1715hrs) - leaving 7:50 mins early from different airport. (I’m happy to do this as it a day out flying and east to get to LCY for me)

or

LHR (BA2770 0730hrs) > JER (ARR 0835hrs) - leaving 8:45 mins early (this is a pain for me to do)

or

cancel for full refund - also happy to do if necessary.

I’m also coming back again tomorrow on BA1349 JER > LHR (1930hrs) - assuming that it is not cancelled!

I suspect I’m due to qualify for EC261 payout due to “OPEY”, but don’t want to choose one of the offered options above and loose out on the EC261.

Please could somebody advise if any of the offered choices means I might inadvertently nullify any EC261 claim I might have?

The EDI routing being offered is preferable to me - I would arrive “on time” at JER, but would be leaving in excess of 7 hours earlier - would that still qualify? Or would I be better cancelling for a full refund and get the EC261?
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Old Jun 17, 2022, 9:20 am
  #1392  
 
Join Date: Jan 2007
Posts: 4,709
Originally Posted by Swadbus
Just been notified my BA2774 LHR > JER has been cancelled tomorrow - with only 25 hours notice - flying in ET.

Originally due to depart at 1615hrs on 18/06. Been cancelled with 25 hours notice. It is literally for a ride - and a ‘no purpose’ trip for a day out - entirely for fun - paid with cash tickets.

DOBA2774/18JUN
* OPERATIONAL FLIGHT INFO * BA2774 1 SA 18JUN22
CITY INFO HOUR (LOCAL)

FLIGHT CANCELLED 0829
OPEY
*1A PLANNED FLIGHT INFO* BA2774 1 SA 18JUN22
APT ARR DY DEP DY CLASS/MEAL EQP GRND EFT TTL
LHR 1615 SA JCDRIUFAZ/M Y/G 319 1:05
BHKMLVNOQSG/G
XWETP/G
JER 1720 SA 1:05
COMMENTS-
1.LHR JER - MEMBER OF ONEWORLD
2.LHR JER - DEPARTS TERMINAL 5
3.LHR JER - 9/ NON-SMOKING
4.LHR JER - ET/ ELECTRONIC TKT CANDIDATE
5.LHR JER - CO2/PAX* 56.49 KG ECO, 56.49 KG PRE
(*):SOURCE:ICAO CARBON EMISSIONS CALCULATOR
CONFIGURATION-
319 C 24 M 107
>

I’m being offered a reroute as either:

LCY (BA8702 0825hrs) > EDI (BA2349 1545hrs) > JER (Arrives 1715hrs) - leaving 7:50 mins early from different airport. (I’m happy to do this as it a day out flying and east to get to LCY for me)

or

LHR (BA2770 0730hrs) > JER (ARR 0835hrs) - leaving 8:45 mins early (this is a pain for me to do)

or

cancel for full refund - also happy to do if necessary.

I’m also coming back again tomorrow on BA1349 JER > LHR (1930hrs) - assuming that it is not cancelled!

I suspect I’m due to qualify for EC261 payout due to “OPEY”, but don’t want to choose one of the offered options above and loose out on the EC261.

Please could somebody advise if any of the offered choices means I might inadvertently nullify any EC261 claim I might have?

The EDI routing being offered is preferable to me - I would arrive “on time” at JER, but would be leaving in excess of 7 hours earlier - would that still qualify? Or would I be better cancelling for a full refund and get the EC261?
You should be eligible for 50% of the amount if leaving 7 hours earlier, but there have been some reports of people successfully getting 100% (don't rely on it). If you cancel then nothing is due under EC261/2004.
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Old Jun 17, 2022, 10:07 am
  #1393  
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Actually even a cancellation + refund would get at least the half rate, since BA have not offered an alternative which between both 2 hours early departure, 1 hour late arrival.
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Old Jun 17, 2022, 10:07 am
  #1394  
 
Join Date: Mar 2014
Location: London
Programs: BAEC Silver
Posts: 76
Originally Posted by flashware
If you cancel then nothing is due under EC261/2004.
Sorry, but that's not correct. For a cancellation by the airline within 7 days of the flight you are permitted to receive a refund of the ticket AND compensation unless you are offered rerouting allowing you to depart no more than one hour before the original scheduled time of departure and to reach your final destination less than two hours after the original scheduled time of arrival. Neither of the rerouting options that have been offered in this case prevent compensation being payable.

If the flight had been cancelled more than two weeks out then no compensation would have been due.
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Old Jun 17, 2022, 10:45 am
  #1395  
 
Join Date: Oct 2005
Location: UK
Programs: BA GfL & GGL, FB Platinum, MB Titanium, Hilton Diamond
Posts: 2,402
Originally Posted by MaxFlyer
I recently completed an AA ticketed itinerary which had a mixture of AA and BA flights.



AMS-LHR-JFK-LAX-JFK-LHR-AMS (all in business and crediting to my BA account)



5 of the 6 flights in the itinerary did not go to plan due to cancellations, reroutings and rebookings due to re-timed connections.



For the first sector AMS-LHR on BA the original flight was cancelled and I was put onto the next flight but I was downgraded to economy. I didn’t receive a notification from either BA or AA and only noticed when I arrived in AMS on my positioning flight. This was around midnight. The flight from AMS-LHR was due to leave at 07:50 the next morning.



Also, due to the cancellation there were no workable same day connections from LHR-JFK which would then connect me to LAX so I was put onto the direct LHR-LAX flight with BA. This got me into LAX an hour later than originally planned even though I had a much longer layover in LHR. I also lost out on my prebooked special meals due to the cancellation and rebooking



I lost out on BA Tier Points which I need for requalification. I have asked BA to reimburse due to IRROPS.



Next cancellation was the return LAX-JFK with AA as for some reason they didn’t have a captain to operate the flight. The flight was rescheduled from 11:59pm to 11:00am the next day. This resulted in a new JFK-LHR flight. I just about had time to make the LHR-AMS connection.



As the LAX-JFK flight was cancelled about an 1.5 hours before departure there were no hotel choices nearby. AA’s system wanted to send me somewhere out of town and only up to $100 per room (hotels were full and those with rooms pricing out at over $300) and didn’t want to have to fight AA for reimbursement.



I decided to stay in the Flagship Lounge until it closed at 1am and then pass the time in the terminal until it reopened at 4:30am to then shower and have breakfast before the 11:00am flight to JFK.


I’m not sure if I would be due any compensation of either money or miles (would prefer Avios than AAmiles). I am assuming that as this is an AA ticket that I need to raise all this with AA and not BA?


I did post this in the AA flight disruption sticky but I haven’t received any replies so hoping the BA community can advise.



Thanks
I finally received a reply from BA. They told me I was due €600 EU261 compensation and gave men 10,000 Avios for the trouble and are calculating the fare difference for the AMS-LHR downgrade.

AA gave me 15,000 AAmiles for cancelling he LAX-JFK flight at the last minute and having to sleep in the airport overnight.

Based on feedback on here I was only expecting some Avios so a good and very surprising result.
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