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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 21, 2023, 1:37 am
  #2161  
 
Join Date: Jun 2015
Location: London
Posts: 46
Originally Posted by binman
Was there a later service operated by an A380 that day? Could this aircraft have been swapped to that service? This would strengthen the commercial decision argument.

I tend to the view that this was their home base and that 9 hours to deal with this was not reasonable.
Good point! Yes, the later service BA57 departed on time, about half hour earlier than BA55 and it was operated by an A380.
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Old Oct 21, 2023, 1:44 am
  #2162  
 
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Originally Posted by corporate-wage-slave
Well even on their 4 hour timeframe, there is a big gap between 12:38 arrive add in an hour for disembarkation, another for embarkation, 4 hours for checks and 22:00. All reasonable measures? A bit of multi-tasking? High level equipment all ready and waiting? No. It was 4 hours late because BA is not agile enough to work swiftly. Even if they could not totally eliminate the 4 hour delay, they should have got it to below 2 hours. It may well be they didn't have a spare aircraft / crew available, but that's their commercial decision, and I refer to the CJEU case you quoted about all reasonable measures. Including routing passengers on alternative services (no evidence presented).
Originally Posted by flarmip
A nothingburger of a response. They're not legally obliged to have spare A380s... but the commercial decision not to do so means that quite independent of anything else, they didn't comply with the obligation to take "all reasonable measures" to avoid or mitigate the delay.

Quite simply, the obligation of an operator is to provide a working aircraft and crew in time for a punctual departure of flights from their operating base(s); BA didn't do so here and that's the end of the story really.
Originally Posted by binman
Was there a later service operated by an A380 that day? Could this aircraft have been swapped to that service? This would strengthen the commercial decision argument.

I tend to the view that this was their home base and that 9 hours to deal with this was not reasonable.
Thanks guys. I couldn’t have done it without you.
I’ll let you know how it goes!
Sigwx likes this.
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Old Oct 21, 2023, 11:51 am
  #2163  
 
Join Date: May 2022
Posts: 503
Hi all,

Duty of care question for a friend. He booked a flight through an online travel agent that was cancelled by BA. BA are directing all his enquiries to the travel agent. The travel agent is only offering a refund but no free alternative options, only rebookings for an additional (significant) price.

Am I correct in assuming that they legally have to offer free rebookings or is that only if booked with the airline? Also it was cancelled about three weeks before the flight so no compensation but does that affect the free rebooking?

Thanks
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Old Oct 21, 2023, 11:53 am
  #2164  
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the entitlement is the same whether it is a TA or direct booking, and that is the option of a refund/rebook/reroute. BA has a whole host of policies for cancellations which are given to TAs to use when dealing with cancellations, is there some reason the TA is ignoring that and only offering a refund? if you can let us know the routing then perhaps we can highlight what policies would apply.
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Old Oct 21, 2023, 11:57 am
  #2165  
 
Join Date: Feb 2020
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So BA has come back to me with this spiel after I replied to their decision for 50% compensation, quoting Azurair in my rebuttal. Seems like they are fully committed to fobbing us off. They have paid me the 50% compensation. Am I now able to proceed to CEDR for the missing 50%? Thanks everyone for your ongoing help and support.

“Thanks for coming back to us about your compensation claim. We'd also like to thank you for your patience while we got back to you.The distance of your disrupted journey was less than 1,500km. Because your new flight departed more than one hour before your original departure time, you’re only entitled to £110.00 each in compensation, which is 50% of the full amount.

Thanks again for getting in touch. We hope to welcome you on board in the near future.”
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Old Oct 21, 2023, 11:59 am
  #2166  
 
Join Date: May 2022
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Originally Posted by KARFA
the entitlement is the same whether it is a TA or direct booking, and that is the option of a refund/rebook/reroute. BA has a whole host of policies for cancellations which are given to TAs to use when dealing with cancellations, is there some reason the TA is ignoring that and only offering a refund? if you can let us know the routing then perhaps we can highlight what policies would apply.
The OTA is kiwi.com which is renowned for not being the most helpful to say the least. They keep insisting they have to follow their policies which seem to be that if you didn't buy their insurance they are not liable. The route is TLV - LHR, so understandably a bit hectic but it's for 02/11 so quite a while away
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Old Oct 21, 2023, 12:00 pm
  #2167  
 
Join Date: May 2022
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Originally Posted by Jzlerner
The OTA is kiwi.com which is renowned for not being the most helpful to say the least. They keep insisting they have to follow their policies which seem to be that if you didn't buy their insurance they are not liable. The route is TLV - LHR, so understandably a bit hectic but it's for 02/11 so quite a while away
Sorry, just checked back with my friend because BA cancelling so far in advance didn't sounds right and I misread. It is a wizz flight to LGW so sorry for wrong forum. Anyone know if wizz has a similar EC261 thread that's alive and responds?
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Old Oct 21, 2023, 12:09 pm
  #2168  
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Originally Posted by Jzlerner
Sorry, just checked back with my friend because BA cancelling so far in advance didn't sounds right and I misread. It is a wizz flight to LGW so sorry for wrong forum. Anyone know if wizz has a similar EC261 thread that's alive and responds?
The combination of Kiwi and Wizz is about the worst combination possible. Ultimately you need to exhaust Kiwi, then go to Wizz and then presumably the Israeli version of EC261, or the UK version, if they have ready access to MCOL. Wizz are supposed to be on best behaviour now, so if they keep deflecting, just for once the CAA may assist. That's as much as I feel I can get away with in this forum, there is an other European airlines forum for Wizz, but it's not very active.
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Old Oct 21, 2023, 12:12 pm
  #2169  
 
Join Date: May 2022
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Originally Posted by corporate-wage-slave
The combination of Kiwi and Wizz is about the worst combination possible. Ultimately you need to exhaust Kiwi, then go to Wizz and then presumably the Israeli version of EC261, or the UK version, if they have ready access to MCOL. Wizz are supposed to be on best behaviour now, so if they keep deflecting, just for once the CAA may assist. That's as much as I feel I can get away with in this forum, there is an other European airlines forum for Wizz, but it's not very active.
So essentially he is legally covered but will be fighting for all eternity to see the results?
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Old Oct 21, 2023, 12:13 pm
  #2170  
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Originally Posted by Jzlerner
So essentially he is legally covered but will be fighting for all eternity to see the results?
Yes to the first clause, and Don't Know to the second.
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Old Oct 21, 2023, 12:15 pm
  #2171  
 
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Originally Posted by corporate-wage-slave
Yes to the first clause, and Don't Know to the second.
Ok. So harass kiwi and wizz and if neither give in then go to MCOL. Who does MCOL go to though? I would think they would just pass the blame to the other and never get anywhere
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Old Oct 21, 2023, 12:32 pm
  #2172  
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Originally Posted by Jzlerner
Ok. So harass kiwi and wizz and if neither give in then go to MCOL. Who does MCOL go to though? I would think they would just pass the blame to the other and never get anywhere
You can name both on MCOL and let the judge rule, but ultimately it's Wizz's responsibility, so I would focus on that.
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Old Oct 21, 2023, 12:59 pm
  #2173  
 
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Originally Posted by corporate-wage-slave
You can name both on MCOL and let the judge rule, but ultimately it's Wizz's responsibility, so I would focus on that.
Thanks. My friend just told me he's been trying to contact wizz for a while but as Kiwi used one of their own emails on the booking he can't access it with Wizz support and kiwi are refusing to provide him with the email address used.
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Old Oct 21, 2023, 8:44 pm
  #2174  
 
Join Date: May 2022
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Booked DUB-LHR-DUB (BA Paid Economy)
LHR-DUB BA834 Dep 10:40am (Cancelled, received the text earlier that morning around 5am)
Rebooked the same day LHR-DUB BA836 Dep 12:25pm

What kind of EU261 compensation would I receive from BA? Thanks
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Old Oct 21, 2023, 9:05 pm
  #2175  
 
Join Date: Jan 2010
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Originally Posted by BTS_FAN
Booked DUB-LHR-DUB (BA Paid Economy)
LHR-DUB BA834 Dep 10:40am (Cancelled, received the text earlier that morning around 5am)
Rebooked the same day LHR-DUB BA836 Dep 12:25pm

What kind of EU261 compensation would I receive from BA? Thanks
It will depend on the reason for cancellation and the difference between arrival times, ie originally scheduled and actual.
Providing more specific details will elicit more advice.
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