BigAppleFlight

Hi learned users of Flyertalk,

After extensive Googling this feels like the best place to ask for some help (apologies mods if I'm in the wrong section).

I flew from New York to Newcastle just before Christmas. To condense the story I was delayed 8 hours from my original arrival time with both flights delayed, and they lost my luggage. Given this is COVID times I also missed my entry PCR test costing me £100.

I submitted my receipts for all of this and was told I had no claim because my delays were down to 'operational delays'. What is jarring to me is that my cabin crew said the exact opposite while in the air, and that I'd be eligible for compensation if my delay surpassed four hours.

I want to know how accurate this is, can I fight it, and what my options are. Thank you again for your help and assistance!

corporate-wage-slave

Welcome to Flyertalk and welcome to the BA forum BigAppleFlight. Let me assure you that you are in the right place for this sort of contribution, which I hope will be one of many.

BA are doing their utmost at the moment in denying EC261 claims, and their reply should not put you off. Operational reasons, with nothing else attached, are almost certainly covered by EC261, and there is a very detailed thread on the topic in the BA Forum Dashboard. I would go by whatever details were given to you by the crew rather than the Customer Relations note. There is very little point in engaging further with CR, other than to reply back to them saying that operational reasons are in scope for EC261, and could they kindly confirm that their decision will not change, so you can take the matter to the dispute resolution service CEDR. More details on all of this in the main thread. Any case brought to CEDR then requires BA to give chapter and verse on to the underlying cause of the delay, and CEDR will then decide who is right.

If you have any further specific information as to what caused the delay, by all means share it here (you have 5 posts on your first day on Flyertalk) and we can advise more precisely. Delayed luggage usually doesn't get you very far, other than that you can claim replacement cosmetics (etc) if you were not returning home.

mikeyfly

I recall threads around 19/20 DEC having awful issues with punctuality and baggage problems. Was it around this time?

BigAppleFlight

Ha that's exactly it! I flew the 19th, this was after they originally canceled my flight on Sunday and rebooked me on the Saturday.

Nikko5

Sorry if you know this already, but just to clarify that the compensation element of EU261 (if eligible and successful) is a fixed amount and not dependent on receipts. Unless you had to buy very expensive replacement clothes etc, hopefully it will cover at least this and the replacement PCR test!

bd95

I had a cancelled domestic flight rebooked to a delayed flight causing >2h delay on 19 December and EC261 / UK261 has been agreed without quibble. Still waiting on it being paid though! They also conveniently ignored the bit about downgrade compensation / fare difference refund….

BigAppleFlight

So should I just submit an EC261?

Just to be clear my flight path was: New York to London (1:45 delay) London - Newcastle (3 hour delay). I was due to land at 11:10, didn't actually land until 7/7:30.

flyingnomad

If your ticket was for NYC->NCL (i.e. a single booking rather than two separate bookings for the two flights), then only the delay in arriving to your final destination matters. In your case your delay was well over the threshold for triggering the EC261 payment. You should submit a claim for EC261/UK261 - and if they refuse it, follow the instructions from CWS above to ask for confirmation that is their final position before you go to CEDR.

DYKWIA

Yes - don't let them get away with it.

It appears that BA have just decided to lie to their customers in an attempt to get out of their EC261 responsibilities. You can see more recent evidence of this on the main EC261 thread.

omk298

It's a shame that when UK261 was transcribed into UK law the opportunity wasn't taken to specify doubling the payments if they are initially refused for spurious reasons, of which claiming "operational reasons" is outside the normal operations of an airline would be first in line.

DYKWIA

We’re very sorry that your flight with us to Madrid on 27 December 2021 was cancelled. We know this isn’t what you expect when you travel with us, so we understand why you needed to let us know about this. We’d also like to thank you for your patience while we dealt with high volumes of queries caused by this problem.

As you’ll know, Covid-19 has hit our profits hard, and this has subsequently upset our shareholders. For this reason, we are not able to accept your claim for EC261 compensation on this occasion, and must deny your claim.

We know this isn't the outcome you were hoping for and we're sorry to disappoint you.

BigAppleFlight

The sneaky little imps! Thank you guys so much for advice!

Are there any guides or threads on the site about how to go about claiming? I've been bombarded with folk offering to do it but they want like a third of my compensation ha!

Nikko5

Here would be your best place to start:
The 2021/22 BA compensation thread: Your guide to Regulation EC261/2004

LCY8737

If you do decide to take them to MCOL don't forget you can also claim "litigation in person costs" - that's an extra £50 on top.