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EC 261 not honoured suspected due to 2-4-1?

EC 261 not honoured suspected due to 2-4-1?

Old Oct 17, 2022, 1:43 pm
  #1  
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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.
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Old Oct 17, 2022, 1:53 pm
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BA would never pay for your unused hotel elsewhere

duty of care - if they’re paying Sofitel and other expenses incurred (meals, calls etc.) that seems in-line with what’s required

EC261 compensation - have they said why they’re not paying? Are they claiming exceptional circumstances or non-commercial fare? (Is the £350 voucher their attempt to get a discount…)
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Old Oct 17, 2022, 1:55 pm
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Originally Posted by lorcancoyle
BA would never pay for your unused hotel elsewhere

duty of care - if they’re paying Sofitel and other expenses incurred (meals, calls etc.) that seems in-line with what’s required

EC261 compensation - have they said why they’re not paying? Are they claiming exceptional circumstances or non-commercial fare? (Is the £350 voucher their attempt to get a discount…)
No there is simply no mention of it in their response.....
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Old Oct 17, 2022, 1:59 pm
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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.
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Old Oct 17, 2022, 2:06 pm
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Originally Posted by corporate-wage-slave
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.
I now understand consequential losses, maybe we were lucky when this happened a few weeks before with full reimbursment.

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.
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Old Oct 17, 2022, 2:10 pm
  #6  
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Originally Posted by Sparkyfletch
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?
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.
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Old Oct 17, 2022, 2:22 pm
  #7  
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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?
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Old Oct 17, 2022, 2:26 pm
  #8  
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Originally Posted by Sparkyfletch
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?
There are full details in the main EC261 thread, but yes, you need to clearly claim EC261 for delay in excess of 4 hours, via
ba.com/complaints
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Old Oct 17, 2022, 2:30 pm
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Originally Posted by corporate-wage-slave
There are full details in the main EC261 thread, but yes, you need to clearly claim EC261 for delay in excess of 4 hours, via
ba.com/complaints
Understood and thank you C-W-S.
Am I correct in accepting their offer - hotel in full plus £350 eVoucher then start a new EC261 in the way you describe?
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Old Oct 17, 2022, 2:31 pm
  #10  
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Originally Posted by Sparkyfletch
Understood and thank you C-W-S.
Am I correct in accepting their offer - hotel in full plus £350 eVoucher then start a new EC261 in the way you describe?
Yes .
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Old Oct 17, 2022, 2:36 pm
  #11  
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Thank you.
Isn't this a wonderful forum? That's a few hundred quid I wouldn't have had.
There are a few people on here that I would love to buy a drink.
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