Go Back  FlyerTalk Forums > Miles&Points > Airlines and Mileage Programs > British Airways | Executive Club
Reload this Page >

The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004

The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004

    Hide Wikipost
Old Aug 6, 22, 6:55 am   -   Wikipost
Please read: This is a community-maintained wiki post containing the most important information from this thread. You may edit the Wiki once you have been on FT for 90 days and have made 90 posts.
 
Print Wikipost

Old Jun 21, 22, 12:14 pm
  #1441  
 
Join Date: Jun 2015
Posts: 5
Hi,

We were supposed to fly from BUD-LHR on BA865 on Sunday (6/19) to catch a connecting flight, but received notification the night before that our flight was cancelled. They automatically rebooked us on a flight the next day, which obviously didn't work for us. Apologies in advance if these are dumb questions (first time dealing with EU261), but:

1. I am not certain if I should be going to BA or Finnair for this claim. The flight number is BA, and on FlightAware it shows BA metal. However, on flightradar24 it shows that the flight is usually operated by Finnair metal.

2. Is there a way to find out the reason of cancellation before submitting a claim or should I just go ahead?

3. Since the cancellation came with such short notice, we had to rebook (at our own expense) a Wizz Air (BUD-LTN) flight at a high cost for the same morning just so we could make our connecting flight back home from London. Aside from the standard EU261 compensation, would we be entitled to request compensation for these alternative flights, plus the transportation cost from LTN-LHR?
jason013 is offline  
Old Jun 21, 22, 12:24 pm
  #1442  
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: 55,212
Originally Posted by jason013 View Post
1. I am not certain if I should be going to BA or Finnair for this claim. The flight number is BA, and on FlightAware it shows BA metal. However, on flightradar24 it shows that the flight is usually operated by Finnair metal.

2. Is there a way to find out the reason of cancellation before submitting a claim or should I just go ahead?

3. Since the cancellation came with such short notice, we had to rebook (at our own expense) a Wizz Air (BUD-LTN) flight at a high cost for the same morning just so we could make our connecting flight back home from London. Aside from the standard EU261 compensation, would we be entitled to request compensation for these alternative flights, plus the transportation cost from LTN-LHR?
1) BA
2) It's just still in the system, you best ask as soon as you can. It's OPEY, operational and Yes to EC261, I suspect that means a staff shortage cause, but not one ordained by the airports. You don't actually need to know, other than to perhaps save yourself some bother if the cause was hopeless (e.g. ATC strike related), since it's up to BA to prove the merits of their case, not for the passenger.
3) Did you call BA and request rebooking? If not you may be in trouble with this one. BA needs to provide a rebooking for this flight, and the CAA advice is "same day flight". The Monday flight is available via the Disruption page, so you didn't have to accept that, but they could have rebooked you on other airlines over the telephone. So the details of exactly what happened and when matter, since BA may be able to say "you didn't give us a chance to resolve this". In which case BA won't pay the Wizz flights - not that they would have booked them anyway but they would have booked Lufthansa for you among others - and so you may have unintentionally left yourself out of pocket. All the more so if Heathrow had enforced the cancellation, since they you wouldn't have gotten EC261 either.
corporate-wage-slave is offline  
Old Jun 21, 22, 1:15 pm
  #1443  
 
Join Date: Apr 2010
Posts: 533
Originally Posted by KARFA View Post
Quick sense check.

Last weekend I went to ARN. On the ay out on Friday I got an email saying my ARN-LHR and ARN-NCL flights for Sunday were cancelled. On checking actually it was only the LHR-NCL which was actually cancelled, reason code OPEY. Anyway called BA, only avia;ability to NCL or MAN on Sunday were the ~9pm flights so I stuck with my 1110 departure from ARN and agree to cancel off the domestic and get the train home instead.

Roll on Sunday, woke up and thought I would check whether the ARN-LHR flight looked on time. Showed as cancelled in the app, no email or text. Reason code OPEY. Nothing available for the rest of the day so was booked on the flight on Monday. A few hours later The 2110 flight on Sunday showed J1 so called back and got on that. Overnight at LHR (I was frugal and booked the PI T4) and train home on Monday morning.

So my questions. Firstly it seems to me this is two cancellations so two lots of compensation are due. Do I do a completely separate claim for each cancellation? Also I think the hotel and train costs are claimable, probably best to attach them to the claim for ARN-LHR? I had no other option to get home since I was arriving back in to LHR at 2300.
This is very similar to my situation for disruption back in February/March. BA quickly paid compensation for the first cancellation and refused my claim for the second. Case now with CEDR and I will update in due course.
KARFA likes this.
cbagent is offline  
Old Jun 21, 22, 6:11 pm
  #1444  
 
Join Date: Feb 2001
Location: somewhere north of stateside...
Posts: 3,903
Originally Posted by SK AAR View Post
This is not downgrade. You were rebooked well in advance and possibly could have insisted on being rebooked to another flight/day with F available, i.e. you traveled as (re)booked. Fare difference for this segment is due though.
Originally Posted by corporate-wage-slave View Post
You are entitled to downgrade reimbursement (but not compensation) but it certainly helps if you had a telephone call with BA to see what other First options were open to you. If you accepted the downgrade without comment then they may assume you were OK with the new arrangements. However if the flight number stayed the same and you were placed in Club World then you should be OK for the Mennens formula (see wiki). In other words, it depends on the details.
Thanks for this. I was only rebooked the day prior to departure, with no F options available in any airline. I asked the agent to confirm if there were other F options and mark the record that there was not; I did the same to the YouFirst email, but they replied only after departure. The only possible option would have been FlyDubai in Business to Dubai and then F back to Dulles from there, but I didn't think that was likely.

I'll follow-up and request the downgrade refund.

Thank you.
makin'miles is offline  
Old Jun 22, 22, 4:08 am
  #1445  
 
Join Date: Aug 2005
Programs: BA Gold, HHonors, Virgin
Posts: 727
I'm helping a friend out regarding a couple of issues. BA have agreed EU261 for them missing their BGI flight due to cancelling their NCL connection the weekend of the IT meltdown in February. However they are refusing a claim as they also missed their NCL connection on their return. BA are claiming a weather delay into LHR caused them to miss the connection. Our evidence supplied proves there was no abnormal weather, no ATC restrictions were in force and FR24 history shows no slowing down of the flight and not even a full hold carried out-just an orbit but they are insisting on holding their position. I fear this may go to CEDR for my friend. BUT the worrying thing is the threat that BA are stating that if he does, then BA will withdraw any offer presently made despite having already admitted liabillity for the outbound flight.
steve170461 is offline  
Old Jun 22, 22, 4:18 am
  #1446  
Ambassador, British Airways; FlyerTalk Evangelist
 
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 36,865
Originally Posted by steve170461 View Post
I'm helping a friend out regarding a couple of issues. BA have agreed EU261 for them missing their BGI flight due to cancelling their NCL connection the weekend of the IT meltdown in February. However they are refusing a claim as they also missed their NCL connection on their return. BA are claiming a weather delay into LHR caused them to miss the connection. Our evidence supplied proves there was no abnormal weather, no ATC restrictions were in force and FR24 history shows no slowing down of the flight and not even a full hold carried out-just an orbit but they are insisting on holding their position. I fear this may go to CEDR for my friend. BUT the worrying thing is the threat that BA are stating that if he does, then BA will withdraw any offer presently made despite having already admitted liabillity for the outbound flight.
There was definitely weather issues if you mean the weekend of 18-20 February with storms Dudley, Eunice, and Franklin?
KARFA is offline  
Old Jun 22, 22, 4:21 am
  #1447  
 
Join Date: Aug 2005
Programs: BA Gold, HHonors, Virgin
Posts: 727
Originally Posted by KARFA View Post
There was definitely weather issues if you mean the weekend of 18-20 February with storms Dudley, Eunice, and Franklin?
That's the part of the saga they have agreed to pay including new Covid tests and missed night in BGI. On their return there were no weather issues despite BA claiming a delay of less than 20 minutes into LHR lea to them missing their NCL flight
steve170461 is offline  
Old Jun 22, 22, 4:25 am
  #1448  
 
Join Date: Jul 2019
Location: UK
Programs: IHG Gold
Posts: 639
Originally Posted by steve170461 View Post
That's the part of the saga they have agreed to pay including new Covid tests and missed night in BGI. On their return there were no weather issues despite BA claiming a delay of less than 20 minutes into LHR lea to them missing their NCL flight
What was the return date?
Bohinjska Bistrica is offline  
Old Jun 22, 22, 4:27 am
  #1449  
 
Join Date: Aug 2005
Programs: BA Gold, HHonors, Virgin
Posts: 727
Originally Posted by Bohinjska Bistrica View Post
What was the return date?
Departed BGI 13th March missed connection 14th March.
steve170461 is offline  
Old Jun 22, 22, 4:37 am
  #1450  
Ambassador, British Airways; FlyerTalk Evangelist
 
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 36,865
Originally Posted by steve170461 View Post
Departed BGI 13th March missed connection 14th March.
Apologies, I misunderstood and thought it was in February.
steve170461 likes this.
KARFA is offline  
Old Jun 22, 22, 10:00 am
  #1451  
 
Join Date: Aug 2005
Programs: BA Gold, HHonors, Virgin
Posts: 727
Originally Posted by KARFA View Post
Apologies, I misunderstood and thought it was in February.
No worries. Is it normal for BA to have offered a resolution for one issue only to threaten to rescind this should the customer turn to CEDR to resolve a seperate delay on the same ticket?
steve170461 is offline  
Old Jun 22, 22, 10:39 am
  #1452  
 
Join Date: Jan 2010
Location: UK
Programs: BAEC Silver
Posts: 617
Originally Posted by steve170461 View Post
No worries. Is it normal for BA to have offered a resolution for one issue only to threaten to rescind this should the customer turn to CEDR to resolve a seperate delay on the same ticket?
I can’t say if it is normal or not.
It is pretty poor customer relations to try and coerce a customer to not go to arbitration though.
If it were me I’d make sure I had copies of BA’s acceptance of liability for first claim and then ask them for deadlock letter (or wait 8 weeks) and then raise two separate claims with CEDR. I think I’d also made sure that CEDR were made aware of BA’s behaviour.
steve170461 likes this.
zanderblue is offline  
Old Jun 22, 22, 10:58 am
  #1453  
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: 55,212
Originally Posted by steve170461 View Post
No worries. Is it normal for BA to have offered a resolution for one issue only to threaten to rescind this should the customer turn to CEDR to resolve a seperate delay on the same ticket?
That's 100% normal, and I wouldn't read anything at all into it, probably their lawyers told them to say that. I had it on the one and only CEDR case that I have personally had with BA, and in the end they didn't withdraw the Avios gesture and early on in the CEDR process they agreed to pay EC261 delay compensation. If BA have agreed what I think is the outbound, they are not in a position to change their mind about it. Usually they would pay that before CEDR got involved. Some aspects of weather are not obvious to a layperson - things like CB cloud activity, cross winds, high temperatures and so on. But still, it's over to BA to prove their case. If it is weather they will present specific information at CEDR level and then you have an opportunity to check it, including with the people int his forum.
steve170461 and zanderblue like this.
corporate-wage-slave is offline  
Old Jun 22, 22, 11:51 am
  #1454  
 
Join Date: Aug 2005
Programs: BA Gold, HHonors, Virgin
Posts: 727
Originally Posted by corporate-wage-slave View Post
That's 100% normal, and I wouldn't read anything at all into it, probably their lawyers told them to say that. I had it on the one and only CEDR case that I have personally had with BA, and in the end they didn't withdraw the Avios gesture and early on in the CEDR process they agreed to pay EC261 delay compensation. If BA have agreed what I think is the outbound, they are not in a position to change their mind about it. Usually they would pay that before CEDR got involved. Some aspects of weather are not obvious to a layperson - things like CB cloud activity, cross winds, high temperatures and so on. But still, it's over to BA to prove their case. If it is weather they will present specific information at CEDR level and then you have an opportunity to check it, including with the people int his forum.
Thanks for this. I have advised my friend to accept the outbound compensation and state they reserve the right to obtain additional evidence that there were no ATC regulations in force that BA are blaming.
steve170461 is offline  
Old Jun 22, 22, 5:30 pm
  #1455  
 
Join Date: Jun 2022
Programs: BAEC Gold, KLM/AF Gold, WS Platinum, Marriott Bonvoy LTP
Posts: 7
Hello, a longtime lurker, and first time poster in the BA Forum. Finally signed up a few days ago, thinking I may need to reach out and ask the collective hive questions due to BA84/85 massive delays. Becareful what you wish for perhaps. It is also my first time dealing with the following situation, and hoping to get more clarity as I try to understand BA's cancellation policy and EU261. The only other time I experienced disruption to my itinerary was during "snowmaggedon" in December 2017, and BA proactively compensated me and accepted all my claim for reimbursement of hotel nights incurred.

Cash ticket and the itinerary is:

June 23 YVR - BRU, via LHR
BA 84, BA 402

June 26 BRU - YVR, via LHR
BA 393, BA 85
(BA 393 departs at 11:20 BRU-LHR)

Already a little apprehensive with the delays with BA 84/85 are experiencing, and just 2 hours ago, received an email from BA saying my BRU-LHR, BA 393, has been cancelled. What is being offered as an alternative: an earlier flight on the same day, June 26, BA 389 at 07:10. This alternative flight does not work with my schedule for June 26. I understand that I can rebook for June 27 without paying any cost difference in the ticket. The flight on June 27 leaving BRU for LHR is BA 389 at 7:05. This is the solution I will likely accept and will confirm the changes online shortly.

Questions:
1. Can I claim hotel in BRU for June 26? The cost is about 186€.
2. And does EU 261 kick in, in this particular instance?

Thank you so much for any advice, or comments. This forum has helped me many a time over the years.
JCT001 is offline  

Thread Tools
Search this Thread