EC 261 not honoured suspected due to 2-4-1?
#1
Original Poster
Join Date: Feb 2018
Programs: BAEC Gold, Onyx Platinum
Posts: 171
EC 261 not honoured suspected due to 2-4-1?
Nearly 4 months ago an F trip to BOS on an Amex 2-4-1. Dinner on the tarmac and a night in the Sofitel. Rebooked and flew the following evening.
We have waited patiently but escalated the claim a few days ago.
All we are being offered is the 19 essentials and the Sofitel in full. We kept the cost down, by booking a room and breakfast special and all other food that day taken in the lounge.
This is from the person described as the escalations team that is all they are reimbursing. EC261 not mentioned and no refund for our pre paid Boston hotel. 'an eVoucher for 350 should go some way to making this up' is their offer (or 65K Avios).
Before I reply I would like to ask the collective:
How can I now go to my insurers after 4 months and make a claim for the missing night?
Do we not qualify for a 2-4-1 on EC261? We paid 1800 taxes and surcharges. Why should you lose your rights, if this is correct then it should surely be wider publicised?
For background we also waited 48 hours for our luggage albeit this was settled relatively quickly. A completely ruined trip. 5 nights booked 4 nights receieved 2 without luggage.
A few weeks prior to this we were delayed 24 hours to CTA this was settled in full including the missed first hotel night. This was a paid in full BAH booking.
We have waited patiently but escalated the claim a few days ago.
All we are being offered is the 19 essentials and the Sofitel in full. We kept the cost down, by booking a room and breakfast special and all other food that day taken in the lounge.
This is from the person described as the escalations team that is all they are reimbursing. EC261 not mentioned and no refund for our pre paid Boston hotel. 'an eVoucher for 350 should go some way to making this up' is their offer (or 65K Avios).
Before I reply I would like to ask the collective:
How can I now go to my insurers after 4 months and make a claim for the missing night?
Do we not qualify for a 2-4-1 on EC261? We paid 1800 taxes and surcharges. Why should you lose your rights, if this is correct then it should surely be wider publicised?
For background we also waited 48 hours for our luggage albeit this was settled relatively quickly. A completely ruined trip. 5 nights booked 4 nights receieved 2 without luggage.
A few weeks prior to this we were delayed 24 hours to CTA this was settled in full including the missed first hotel night. This was a paid in full BAH booking.
#2
Join Date: Feb 2010
Location: London
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Posts: 5,137
BA would never pay for your unused hotel elsewhere
duty of care - if theyre paying Sofitel and other expenses incurred (meals, calls etc.) that seems in-line with whats required
EC261 compensation - have they said why theyre not paying? Are they claiming exceptional circumstances or non-commercial fare? (Is the 350 voucher their attempt to get a discount)
duty of care - if theyre paying Sofitel and other expenses incurred (meals, calls etc.) that seems in-line with whats required
EC261 compensation - have they said why theyre not paying? Are they claiming exceptional circumstances or non-commercial fare? (Is the 350 voucher their attempt to get a discount)
#3
Original Poster
Join Date: Feb 2018
Programs: BAEC Gold, Onyx Platinum
Posts: 171
BA would never pay for your unused hotel elsewhere
duty of care - if theyre paying Sofitel and other expenses incurred (meals, calls etc.) that seems in-line with whats required
EC261 compensation - have they said why theyre not paying? Are they claiming exceptional circumstances or non-commercial fare? (Is the 350 voucher their attempt to get a discount)
duty of care - if theyre paying Sofitel and other expenses incurred (meals, calls etc.) that seems in-line with whats required
EC261 compensation - have they said why theyre not paying? Are they claiming exceptional circumstances or non-commercial fare? (Is the 350 voucher their attempt to get a discount)
#4
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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It's not entirely clear, but are you asking "is EC261 delay / cancel compensation due on 2-4-1?" If so. then yes, the 2-4-1 makes no difference. Did you specifically claim EC261? And on what basis exactly? And what was the reason why the original flight did not depart?
It's the case that BA (and all airlines) won't cover consequential losses.
It's the case that BA (and all airlines) won't cover consequential losses.
#5
Original Poster
Join Date: Feb 2018
Programs: BAEC Gold, Onyx Platinum
Posts: 171
It's not entirely clear, but are you asking "is EC261 delay / cancel compensation due on 2-4-1?" If so. then yes, the 2-4-1 makes no difference. Did you specifically claim EC261? And on what basis exactly? And what was the reason why the original flight did not depart?
It's the case that BA (and all airlines) won't cover consequential losses.
It's the case that BA (and all airlines) won't cover consequential losses.
We assumed by filling in the on line form it would automatically become an EC261 claim. Do you have to specifically make an EC261 claim?
The flight was so late departing LHR it could not land at BOS within operational hours.
#6
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Yes. And for what exactly. EC261 covers 3 main areas and 7 subsidiary areas. I think the basis was delay but having read your first post it doesn't seem entirely clear from the way you put it.
#7
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Join Date: Feb 2018
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Posts: 171
Apologies. I'm not fully au fait with the procedure.
Yes this was a 24 hour delayed departure due to HAL ground staff and BOS closing so the flight was delayed 24 hours.
When this happened to us a few weeks prior to CTA we filled in the on line form and (after 3 months) were reimbursed in full including EC261.
This occasion I thought we filled out the form in the same way. I assumed the EC261 would automatically be applied?
Have I missed or ommited something on the form perhaps?
Yes this was a 24 hour delayed departure due to HAL ground staff and BOS closing so the flight was delayed 24 hours.
When this happened to us a few weeks prior to CTA we filled in the on line form and (after 3 months) were reimbursed in full including EC261.
This occasion I thought we filled out the form in the same way. I assumed the EC261 would automatically be applied?
Have I missed or ommited something on the form perhaps?
#8
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Join Date: Feb 2010
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When this happened to us a few weeks prior to CTA we filled in the on line form and (after 3 months) were reimbursed in full including EC261.
This occasion I thought we filled out the form in the same way. I assumed the EC261 would automatically be applied?
Have I missed or ommited something on the form perhaps?
This occasion I thought we filled out the form in the same way. I assumed the EC261 would automatically be applied?
Have I missed or ommited something on the form perhaps?
ba.com/complaints
#9
Original Poster
Join Date: Feb 2018
Programs: BAEC Gold, Onyx Platinum
Posts: 171
Am I correct in accepting their offer - hotel in full plus 350 eVoucher then start a new EC261 in the way you describe?
#10
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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