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

Old Jan 1, 2023, 11:31 am
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The 2023 BA compensation thread: Your guide to Regulation EC261 / UK261

Old Oct 10, 2023, 11:55 am
  #2101  
 
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Question - For adding info as it comes on my CEDR claim, do i use the discussion tab?

BA have paid my duty of care expenses in full - so I am no longer claiming for that on my CEDR claim but obviously still persuing the 520 as per UK261.
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Old Oct 10, 2023, 2:58 pm
  #2102  
 
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Originally Posted by Jeedos
Question - For adding info as it comes on my CEDR claim, do i use the discussion tab?

BA have paid my duty of care expenses in full - so I am no longer claiming for that on my CEDR claim but obviously still persuing the 520 as per UK261.
Do nothing. Theyll know theyve paid it and make a settlement offer of the remaining amount.
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Old Oct 11, 2023, 1:33 am
  #2103  
 
Join Date: Oct 2023
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Originally Posted by flarmip
Welcome to Flyertalk and to the BA forum. You've set the bar for a first post pretty highly there!

​​​​​1) Yes, flight cancellation compensation will be payable here. Your flight was cancelled less than 7 days before departure and no alternative allowing you to leave ≤1 hour before and arrive ≤2 hours after was offered. As per post 2437 by the ever helpful [MENTION=626839]Sigwx[/MENTION] in the BA delays & cancellations thread, the reason for your flight's cancellation is FCRY, i.e. a shortage of flight crew, which BA considers eligible for UK261 compensation. The compensation payable is indeed 220 per person as the flight is under 1500km (there are higher amounts for longer flights).

2) You can submit the claims together or separately - it's up to you. Payment will normally be made on a per-claim basis, so if your friend is OK with you receiving their compensation and then disbursing it to them (if that's what you've agreed between yourselves) then by all means submit one claim. Doing it this way also means that if you need to take it to CEDR or Court, you can process it for both of you in one case.

3) The additional night's hotel and taxi isn't recoverable under a literal reading of UK261 - that would require you to have been delayed, rather than to arrive early. That being said, there is every argument to say that a purposive interpretation of the Regulations (as the CJEU and other senior Courts have taken in recent years) does give rise to such an entitlement. Either way, BA either will or won't pay it - their position (at least before it gets to CEDR/Court) is unlikely to be swayed by any legal arguments you may make.

The ability to recover "right to care" expenses under UK261 is independent from, but in addition to, compensation. Each is recoverable based on a different set of rules - the reason for a delay/cancellation is irrelevant for expenses claims, but is crucial to compensation claims.

So long as you don't have any other expenses you want to claim back, I don't see any harm in lumping in the expenses with your compensation claim. It'll either get approved or denied and you can decide whether to pursue it accordingly.

4) See the post directly above yours where [MENTION=566057]KARFA[/MENTION] relates their experience of a comparable situation. Even though the legal position is crystal clear (the 50% reduction doesn't apply, as no flight meeting the 1 hour earlier to 2 hours later window was proffered), BA continue to act otherwise. You may well have to take it to CEDR or Court to get what you're entitled to.

There's little point including anything on this in your initial claim submission though. The shorter the text accompanying your claim, the quicker it's likely to be dealt with. Claims with 1-2 sentences tend to be processed in a sort of "fast track" queue whereas claims with more text tend to take 2-3 months. The claims handlers have most of the relevant information in their systems anyway, so don't bother writing them a rendition of War & Peace (that they won't read anyway!).
​​​​
Hope that helps!
That is all very helpful. Really appreciate the prompt and detailed reply. Will get the claim submitted to BA and keep it as brief as possible but will claim for both of us and note the additional expenses as well.

May well come back here for some help later on as it seems likely I'll be offered a 50% pay out and need to challenge accordingly.
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Old Oct 11, 2023, 12:21 pm
  #2104  
 
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Evening,

Was originally on BA2763 AMS-LGW this evening.

Flight was showing a 3 hour delay, whereupon I called the GGL line and they held seats on the earlier 1815 service to LCY.

An hour later, the delay was revised back to 12 minutes, and I was thus reconfirmed by telephone on the original ticketed flight.

Upon boarding, was denied as the booking had been completely cancelled as the phone agent mistakenly did not fully remove the earlier emergency reserve sector to LCY. This ended up showing as an automatic no show, and thus the reservation was cancelled.

The LGW flight subsequently left as gate agents wouldnt accept us for boarding and would not rebook us on the 1950 to LHR.

Now waiting for confirmation on the 2115 to LHR. Does this situation count as a denied boarding pertaining to EU regulations? Obviously murky 🙃
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Old Oct 11, 2023, 12:30 pm
  #2105  
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Originally Posted by ohianjo
Obviously murky 🙃
It looks like IDB due to human error to me. There was nothing you could do to prevent it. I agree it's unfortunate, given BA were trying to help you beyond the requirements of EC261.
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Old Oct 12, 2023, 4:13 am
  #2106  
 
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Morning all.

Appreciate the answer might be 'how long is a piece of string', but what sort of wait times are people experiencing for a decision? I've been waiting 3.5 months on a claim and all thats happened is the case number has been changed to a new case number as they are changing their system or words to that effect.

Appreciate they are busy, but its purely a compo claim, not like my other claim for a month later that has receipts and everything to go through.
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Old Oct 12, 2023, 4:16 am
  #2107  
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Originally Posted by bogglesuk
Appreciate the answer might be 'how long is a piece of string', but what sort of wait times are people experiencing for a decision? I've been waiting 3.5 months on a claim and all thats happened is the case number has been changed to a new case number as they are changing their system or words to that effect.
You can have a scan upthread to get to a view of how long it is taking, but while some people get dealt with quickly, other cases are taking many months. You will also see upthread why it's best to go to CEDR as soon as you get to 8 weeks. That's not a quick process either but there are some attempts to keep to a timetable with that route.
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Old Oct 12, 2023, 6:17 am
  #2108  
 
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Afternoon all.

I currently have a claim with CEDR which has been accepted and have been provided with the usual up to 90 days to deal.

Despite submitting my original 261 claim via BA in June, I have only today received their response which states that they decline the claim and that the delay was due to security reasons. I have no idea what these security reasons are and there was nothing apparent on our flight! I would be interested if anyone has been provided with this vague reason previously and what it may relate to!

They have then gone on to say that they will give us a sum of Avios by way of apology which have been placed into my account.

Do I need to update my CEDR claim with this information? Also, will the fact that I have been provided with Avios by way of anpology impact on my claim in any way?

TIA
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Old Oct 12, 2023, 7:29 am
  #2109  
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Originally Posted by GiddyKipper638
Do I need to update my CEDR claim with this information? Also, will the fact that I have been provided with Avios by way of anpology impact on my claim in any way?
I wouldn't, because to my mind 2 words is not a sufficient description of what went wrong for you to judge whether you have had an appropriate settlement. When BA process the CEDR response they should give a fuller description and you can then judge whether this resolves the issue. I guess the exception would be if the Avios deposited were sufficient to meet your claim, in which case you would tell CEDR to stop further work on the case.
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Old Oct 12, 2023, 8:43 am
  #2110  
 
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Originally Posted by corporate-wage-slave
I wouldn't, because to my mind 2 words is not a sufficient description of what went wrong for you to judge whether you have had an appropriate settlement. When BA process the CEDR response they should give a fuller description and you can then judge whether this resolves the issue. I guess the exception would be if the Avios deposited were sufficient to meet your claim, in which case you would tell CEDR to stop further work on the case.
As always, thanks CWS for your prompt reply and advice.

I will hold tight and I can confirm that the Avios provided does not go anywhere near the value of my claim!
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Old Oct 12, 2023, 9:11 am
  #2111  
 
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Good afternoon all,

I was originally booked onto a cancelled BA304 flight on the 4th of September. BA re-scheduled us all onto a flight in the evening meaning we are eligible for EU261.
We were booked onto two separate bookings however, one was an avios booking and one was a normal booking.
I have submitted the claims for EU261 on the 6th of September - separately, since they were separate bookings - and I got the e-mail saying that the claim was submitted.

However, ever since then, only 1 of the claims gets update emails, and I have not heard back from BA at all about the second claim.
When filing a claim, the website was a little buggy. I submitted one claim in the afternoon (the one which recieves updates) and the other one in the evening, in which the website was buggy (and this one does not recieve updates)

Is there a good chance the claim didn't actually go through? Should I try to submit the form again?

Thanks.

The update e-mail looks like this:
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Old Oct 12, 2023, 12:17 pm
  #2112  
 
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Came here after partially hijacking another thread. Following the template from another poster above...

Flight Details
Flight Number: BA293 (LHR - IAD)
Departure Time and Date: 17:15 on 20 September 2023
Date Cancelled: Noonish on 20 September 2023
Reason for cancellation: It was an A380, so safe assumption it was for technical reasons.
Alternative flight: Offered and took BA229 to BWI same day, which arrived ~21:30 (as opposed to 293's scheduled arrival to IAD at 20:25).
Number of passengers: 2
Other issues: Didn't arrive home until ~23:30, additional Uber cost (though IAD-Arlington isn't that much cheaper than BWI-Arlington, though quicker).

Now I figured that I would not be eligible for compensation since we arrived BWI only an hourish late than we would have arrived IAD; however, the other referenced thread suggested that BA would be obligated to get me to IAD within two hours of 20:25 to avoid needing to pay compensation. While I am not an ambulance chaser, 520x2 is nothing to sneeze at and I have been a victim of arbitrary changes to equipment and delays multiple times over the last few months on BA292/293, so I also would like BA to figure it out. Is there a claim here?
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Old Oct 12, 2023, 1:12 pm
  #2113  
 
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If you no-show for the final/return segment of your ticket does that invalidate an (otherwise valid) EU261 claim relating to the outbound flight?
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Old Oct 12, 2023, 1:15 pm
  #2114  
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Originally Posted by oceanscape
If you no-show for the final/return segment of your ticket does that invalidate an (otherwise valid) EU261 claim relating to the outbound flight?
as the timing of the delay and whether it breaches the threshold relates to your arrival at your destination, it would be hard to claim if you never arrived.
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Old Oct 12, 2023, 1:17 pm
  #2115  
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Originally Posted by oceanscape
If you no-show for the final/return segment of your ticket does that invalidate an (otherwise valid) EU261 claim relating to the outbound flight?
That should be fine, I can't think of any hypothetical details that would get in the way. I will say that details may matter otherwise KARFA may have spotted something I haven't!
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