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The 2023 BA compensation thread: Your guide to Regulation EC261 / UK261

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Old Jan 1, 2023, 11:31 am
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Last edit by: corporate-wage-slave
Link to the full original text of the regulations in PDF format

Downgrades: Mennens case - calculation formula is in this post
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The 2023 BA compensation thread: Your guide to Regulation EC261 / UK261

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Old Aug 2, 2023, 2:03 pm
  #1501  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
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Originally Posted by Nicbev73
My BA flight on 15th July B0283 from LHR to LAX was cancelled in the afternoon on 14th July, have no idea why but could be weather related due to the high winds on the 15th. I have put in a claim, but paid with cash & avios, if I am successful what will I get back? Compensation or compensation & avios?
They rerouted us via Chicago then LAX but the flight was over 4 hours after the initial flight was due in - 13.00 but landed 17.43
how can I find out the reason for cancellation? if rejected I will go to CEDR.
many thanks
I think you will be going to CEDR, see post 1352 in this thread, BA regards this as airport restrictions:
FAQ : Reason for flight delay or cancellation - 2023 edition
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Old Aug 2, 2023, 2:04 pm
  #1502  
 
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Originally Posted by stifle
That's not correct. The 7 day refund deadline only applies to partial refunds for downgrades. Cancellation compensation does not have a specific time limit.
What is the 7 day thing for partial refunds?
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Old Aug 2, 2023, 2:13 pm
  #1503  
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Originally Posted by thomasd21
What is the 7 day thing for partial refunds?
The stated time when airlines are supposed to pay up reimbursement for downgrades, but post Mennen it's probably unrealistic and has never been enforced. It's also the timeframe for full refunds where rebooking isn't taken on cancellations or it's a trip in vain.
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Old Aug 2, 2023, 2:14 pm
  #1504  
 
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Originally Posted by corporate-wage-slave
The stated time when airlines are supposed to pay up reimbursement for downgrades, but post Mennen it's probably unrealistic and has never been enforced. It's also the timeframe for full refunds where rebooking isn't taken on cancellations or it's a trip in vain.
I see, is it 7 days from the date of the flight, or the date of the downgrade?
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Old Aug 2, 2023, 2:14 pm
  #1505  
formerly JackDann
 
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I’m a regular reader of the forum and found myself in a bit of a situation yesterday - was wondering what advice experts here have for how I could have handled it better?

I had a booking on one ticket travelling A - B - C - my transit time at B was just over an hour. It became clear that I was going to miss my B - C connection due to a delay.

At this point, I could have abandoned my trip and booked a new flight from A - C - however my understanding is that i’d have lost out on any possible compensation. Eventually, I travelled on the original flight as planned, was rebooked on a new connection and ended up arriving 8hrs late.

Arriving home at 2am this morning, I regretted not just paying £200 for the direct flight which would have saved me 11hrs - but I wasn’t overly sure of what my insurance would cover and the potential to just be throwing money away. It would also have involved having to get us offloaded the original flight as we had a bag checked.

So yeah - what would others have done in this scenario, ride out the delay and hope for compensation if you’re delayed, or was there other better options on the table?
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Old Aug 2, 2023, 2:17 pm
  #1506  
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Originally Posted by thomasd21
I see, is it 7 days from the date of the flight, or the date of the downgrade?
It would have to be the date of the flight, since you would not know for sure what cabin you were in until then. E.g. if there is an equipment change in 2 directions. But after the Mennens judgement where there is a finicky taxes recalculation then it's just not going to happen, arguably that judgement conflicts with the core principle of the Regulation on this one.
thomasd21 likes this.
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Old Aug 2, 2023, 2:20 pm
  #1507  
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Originally Posted by JD1905
So yeah - what would others have done in this scenario, ride out the delay and hope for compensation if you’re delayed, or was there other better options on the table?
I wouldn't have checked a bag, obviously, but the old CWS maxim applies: what would you have done if for certain BA would never have paid up? In at least some people's minds, who are paid on billable hours, it would be a no-brainer.
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Old Aug 2, 2023, 2:31 pm
  #1508  
 
Join Date: Jun 2021
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The cancelled flight was 09,45am lhr arriving lax 13.00.
Rescheduled flight 10.35am lhr to Chicago o’hare arriving 13.15 flight BA0295 operated by air Belgium for BA. Then AA1375 leaving Chicago 15.25 arriving LAX 17.43,

Last edited by Nicbev73; Aug 2, 2023 at 2:57 pm Reason: Change aa flight ref
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Old Aug 2, 2023, 2:33 pm
  #1509  
 
Join Date: Jun 2021
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Originally Posted by corporate-wage-slave
I think you will be going to CEDR, see post 1352 in this thread, BA regards this as airport restrictions:
FAQ : Reason for flight delay or cancellation - 2023 edition
thank you that’s what I was looking for, will await BA response then go to CEDR
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Old Aug 2, 2023, 2:41 pm
  #1510  
 
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Old Aug 2, 2023, 3:35 pm
  #1511  
formerly JackDann
 
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Originally Posted by corporate-wage-slave
I wouldn't have checked a bag, obviously, but the old CWS maxim applies: what would you have done if for certain BA would never have paid up? In at least some people's minds, who are paid on billable hours, it would be a no-brainer.
Same - This was me and my partner travelling back from a Wedding so unfortunately wasn’t much alternative.

I do think in hindsight that just ditching the trip was probably a better option. But after having tried to keep down costs in the first instance it’d have been frustrating forking out more on additional flights I wouldn’t been refunded for. This did end up costing about the same in taxis and a huge waste of time - so i’d certainly be inclined to follow your thinking going forward.
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Old Aug 2, 2023, 3:40 pm
  #1512  
 
Join Date: Dec 2022
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Originally Posted by corporate-wage-slave
Yes, this would absolutely be possible if you are based in Scotland - a lot of the Scottish system is old school face-to-face so you would need to make your case to the Sheriff, but if LH gave you incorrect information then that seems like a good reason to ask him / her for an exception to the Simple Procedure Rules.
Thank you. Very useful to know.
Do you know of any successes trying this approach?
I will give it a go. I have access to a Scottish address. Fee is only £20.
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Old Aug 2, 2023, 4:43 pm
  #1513  
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Originally Posted by AviosTreasureHunter
Do you know of any successes trying this approach?
No, I don't know of any successes in respect of 5 years over EC261 specifically. The Civil Online guidance does make it clear that while the Simple Procedure has a rulebook, it is very much at the Sheriff's discretion.
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Old Aug 3, 2023, 3:09 am
  #1514  
formerly JackDann
 
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Been waiting 11 weeks now for a response - should really have raised an MCOL case sooner.

I'm going to e-mail their legal department that settled with me from a previous case and see if they might pick it up to save them the legal fees.
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Old Aug 3, 2023, 5:03 am
  #1515  
 
Join Date: Apr 2023
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A quick question -- BA 918 Lhr-Str is delayed by today. If a pax is connecting from the US, would they be eligible for compensation based the fact that their last leg is under 1500kms and delayed by over 2 hours?

Thanks!
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