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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 22, 2023, 2:03 am
  #2176  
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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
Both departure time and arrival time matter here, along with the reason for cancellation. That will be in the FAQ thread in a few days, so you will find out more there. We don't have the arrival time here, but being :LHR-DUB we can assume you will be less than 2 hours late into Collinstown, in which case no compensation. In essence that's EC261 working, minimising (hopefully) your delay. It is based on scheduled timing, in Regulation terms, but in BA operations, BA use actual timing - which is generous of them, so make a very precise note of when the doors open - in other words when the lights go on in the overhead panel, and a further note if there is a delay disembarking the aircraft after doors open.
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Old Oct 22, 2023, 2:32 pm
  #2177  
 
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Hi all, bit of an update. Just today I received an email from CEDR informing me that they had spoken to BA, who was now willing to settle my claim for 480 altogether. 'In order to bring this matter to an amicable conclusion and save both parties further inconvenience, British Airways has asked us to advise you that on this occasion it will make you an offer of settlement. If this settlement offer is accepted, please note that it is in full and final settlement of all issues raised in your application.'

While I filed the CEDR claim back in the first week of September and received acceptance of the case, in early October I heard direct from BA who agreed to all my claims initially submitted in late June and compensated me the full 520 plus another 150 for expenses.

It's now clear CEDR wasn't behind BA compensating me two weeks ago. But it is a bit amusing to see that through a different process and likely involving different people BA is offering me less money than they had already paid. Unless, of course, BA is just closing out the CEDR claim and it's immaterial what they already compensated me? One is tempted to say hey, sure, send over the money.....
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Old Oct 22, 2023, 2:47 pm
  #2178  
 
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If BA cancelled a TLV flight due to the war, are they legally obliged to rebook me on ElAl ? And if they refuse , can i book myself on ElAl with cash and claim it back later from BA?
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Old Oct 22, 2023, 3:19 pm
  #2179  
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Originally Posted by momoflyingguy
If BA cancelled a TLV flight due to the war, are they legally obliged to rebook me on ElAl ? And if they refuse , can i book myself on ElAl with cash and claim it back later from BA?
there is a rebook policy anyway with El Al already, some discussion in the thread here Israel security situation : BA flights to TLV affected

as well as the LHR & LTN routes, they can rebook you on AMS-TLV, BCN-TLV, DUB-TLV, MAD-TLV, and PAR-TLV with BA flights from the UK to those start points.
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Old Oct 23, 2023, 3:22 pm
  #2180  
 
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Could someone please give their opinion on whether BA’s decision is correct based on the below situation to offer only 50% compensation (110), because they say “the new flight was scheduled to depart more than one hour before your original departure time”?

• The First Flight was cancelled the day before, and customer re-routed
• The First Flight had been scheduled to depart NCE at 21:40 and to arrive at LHR at 22:40
• The Re-routed flight was scheduled to depart NCE at 20:00 and to arrive at LHR at 21:00
• The Re-routed flight was delayed departing NCE at 22:30 and arrived at LHR at 23:47

If BA’s decision is flawed, is it possible to accept the 50% compensation offered, and take the case to CEDR to attempt to have BA pay the remaining 50%?
Or does accepting any compensation stop one going to CEDR?

Having not done this before, in going to CEDR would I just quote the wording used in the CJEU rulings of Judgments in Joined Cases C-146/20, C-188/20, C-196/20 and C-270/20, Azurair and Others, in Case C-263/20, Airhelp, and in Case C-395/20, Corendon Airlines?

Thanks in advance for any guidance
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Old Oct 23, 2023, 4:37 pm
  #2181  
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Originally Posted by geogad
The First Flight was cancelled the day before, and customer re-routed
The First Flight had been scheduled to depart NCE at 21:40 and to arrive at LHR at 22:40
The Re-routed flight was scheduled to depart NCE at 20:00 and to arrive at LHR at 21:00
The Re-routed flight was delayed departing NCE at 22:30 and arrived at LHR at 23:47
Thank you for putting all the relevant times in. The Regulation as worded says that the benchmark for cancellation compensation relates to scheduled time. Confusingly BA doesn't (yet) recognise Azurair, and sticks to actual time if it's BA metal. The first factor runs in BA's financial favour, the second factor can run adversely financially for BA. Now sticking to the words of the Regulation, you were offered a service which left more than one hour early - thus triggering compensation, and would have arrived early too and thus covered by Azurair, the full amount payable. But let's say the it should be based on actuals. In which case you were within the no-compensation area, less than an hour early, less than 2 hours late, other than that in reality you presumably needed be at the airport for the original time. And I think that's your hook here: if you look at the wording for Azurair, it's all about how early departures, at a certain point, get inconvenient, and the line is judged to be 1 hour early. More than that, the early departure creates inconvenience to you. I guess if BA communicated with you on the day of delayed departure such that in reality you arrived less than an hour early then it's more complicated, but I'm guessing that didn't happen here.

It's OK to accept the 50% amount and still go to CEDR. Sometimes BA issues a note about how going to CEDR will risk removing settlement offers, but when it comes to EC261 it can't actually do that. It's not a discretionary process.

t's not the early departure, incidentally, that triggers the 50% reduction, it's the early arrival, but that's a pedantic point.
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Old Oct 23, 2023, 4:55 pm
  #2182  
 
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Hello All. Needing some help with my situation as I've read through a bunch of posts in the thread and I'm just getting confused on what I should be claiming. Below was my situation and thank you in advance for any assistance.

Flight 1 Sept 23 BA52 SEALHR: CW all good

Flight 2 Sept 24 BA546 LHRFCO: Canceled less than 24 hours prior. BA rebooked us on Iberia 3175 via Madrid and downgraded from CE to Economy. Original LHR-FCO flight was to leave 10:35, arrive 14:20. IB3175 scheduled departure LHR 10:50, arrived in MAD 14:15; IB3234 scheduled departure MAD 17:05, arrived 19:35. Scheduled difference in arrival at FCO was 5 hours and 15 mins later than original flight (I don't have access to see what IB actual ETD/ETA were). Can I claim both cancelation and downgrade cost? In another thread I was told it would be 520 for cancellation and then is it 30% of ticket price for downgrade?

Flight 3 Oct 13 BA579 VCE-LHR: Canceled less than 24 hours due to weather. Didnt offer any alternative flights on same day, just bumped us to the next day.

Flight 4 Oct 13 BA49 LHR-SEA: BA canceled my booking due to flight 3 cancellation and moved to following day.

Can I claim anything for flights 3 & 4 since VCE flight was canceled due to weather but that affected our connecting flight to SEA? We kept receipts for hotel and meals. If so, what?
My friend who was traveling with me is in same position however she was completely downgraded on flights 3 & 4 from CE/CW to Econ/WTP.
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Old Oct 23, 2023, 5:12 pm
  #2183  
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Originally Posted by Aussieshed
Flight 2 Sept 24 BA546 LHRFCO: Canceled less than 24 hours prior. BA rebooked us on Iberia 3175 via Madrid and downgraded from CE to Economy. Original LHR-FCO flight was to leave 10:35, arrive 14:20. IB3175 scheduled departure LHR 10:50, arrived in MAD 14:15; IB3234 scheduled departure MAD 17:05, arrived 19:35. Scheduled difference in arrival at FCO was 5 hours and 15 mins later than original flight (I don't have access to see what IB actual ETD/ETA were). Can I claim both cancelation and downgrade cost? In another thread I was told it would be 520 for cancellation and then is it 30% of ticket price for downgrade?
Yes, that should be 520 and Mennens (see wiki at top of thread). But the 30% is pro-rate for the distance SEA-LHR-Italy and back, and removing external taxes, so the downgrade typically won't get much money in terms of the percentage LHR-FCO of the whole trip. I usually advise people to ask for an Avios gesture instead, but that assumes you are a BAEC member.

For the return, if it's bad weather then it's just Right to Care costs, such as hotel etc, see top of the thread. No compensation unless there was more BA could have done to resolve the delay.
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Old Oct 23, 2023, 6:31 pm
  #2184  
 
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Originally Posted by corporate-wage-slave
Yes, that should be 520 and Mennens (see wiki at top of thread). But the 30% is pro-rate for the distance SEA-LHR-Italy and back, and removing external taxes, so the downgrade typically won't get much money in terms of the percentage LHR-FCO of the whole trip. I usually advise people to ask for an Avios gesture instead, but that assumes you are a BAEC member.

For the return, if it's bad weather then it's just Right to Care costs, such as hotel etc, see top of the thread. No compensation unless there was more BA could have done to resolve the delay.
Thank you for this. Is there a way to view distance for the various legs or a site that is used so i can do the Mennens calculation? And I am a BAEC member but had the points directed to Alaska. Another thing I need to chase as only the first flight has reached Alaska. Assuming with the rebooking the Alaska member number was not applied the new flights. Do I need to contact Iberia for the legs that were rebooked with them?
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Old Oct 24, 2023, 12:31 am
  #2185  
 
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Originally Posted by Radiation Station
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, youre 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.
Sorry to bump, but can anyone please confirm I can now proceed to CEDR? Its my first time. Thanks
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Old Oct 24, 2023, 4:09 am
  #2186  
 
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Originally Posted by Radiation Station
Sorry to bump, but can anyone please confirm I can now proceed to CEDR? It’s my first time. Thanks
If it has been 8 weeks since you first contacted them then you can proceed to CEDR. If not, you need to get a clear statement that their answer will not change - reply just to ask them to confirm that is their final answer.

Last edited by omk298; Oct 24, 2023 at 5:12 am
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Old Oct 24, 2023, 7:07 am
  #2187  
 
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LGW-FAO 23 Oct

Dear FT-ers, I was on LGW - FAO yesterday, which arrived more than 3 hours late due to a technical issue with the aircraft that was supposed to operate the flight. The flight left over 3 hours late after BA had found another aircraft. This was all handled reasonably well with the pilot explaining the issue at the gate and generally keeping passengers updated. Boarding of the aircraft took a long time and the pilot came on to say two passengers were missing and he was waiting for them (I did not fully understand his reasoning, something to do with it being BA's fault the flight was late and these passengers may not have been aware of the new boarding time). He also said finding their bags would take time. I don't think the passengers ever arrived and I saw two suitcases being taken away by ground staff.

This seemed a pretty clear case to me of BA being on the hook for delay compensation, but they responded almost immediately to say the flight ".. was delayed because of technical issues with the aircraft. However, because some of the delay was also due to the late arrival of the aircraft from the previous sector, we are not liable for this claim".

Do people think compensation is due in this case? The late arrival of the aircraft from the previous sector seems irrelevant to me. What would be the best way to respond? Many thanks for your collective wisdom!

By the way, BA did throw in 10,000 avios.

Thanks.
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Old Oct 24, 2023, 7:30 am
  #2188  
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Originally Posted by Haax007
This seemed a pretty clear case to me of BA being on the hook for delay compensation, but they responded almost immediately to say the flight ".. was delayed because of technical issues with the aircraft. However, because some of the delay was also due to the late arrival of the aircraft from the previous sector, we are not liable for this claim".
This will be because someone somewhere put TECN on the dispatch system and therefore BA came up with this logic that does not fit in with EC261. That late arriving previous sector, if it was into LGW, is a knock-on and thus not extraordinary at all. If you were past 8 weeks go to CEDR, but as you are under 8 weeks seek confirmation that this is their final answer.
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Old Oct 24, 2023, 3:01 pm
  #2189  
 
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BA396 was cancelled last Thursday and I posted a thread about it where I was told it was due to weather so not claimable for compensation but to claim for food and transport. I made a claim and in their reply confirming lunch will be paid (but denied to reimburse dinner and transport costs) they also said this flight was cancelled due to a technical fault with the plane (not weather as people in the other thread said). Does technical fault mean I can submit a claim for compensation or is that also covered for extraordinary circumstances?
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Old Oct 24, 2023, 3:27 pm
  #2190  
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Originally Posted by Carlusa
BA396 was cancelled last Thursday and I posted a thread about it where I was told it was due to weather so not claimable for compensation but to claim for food and transport. I made a claim and in their reply confirming lunch will be paid (but denied to reimburse dinner and transport costs) they also said this flight was cancelled due to a technical fault with the plane (not weather as people in the other thread said). Does technical fault mean I can submit a claim for compensation or is that also covered for extraordinary circumstances?
Usually technical faults are claimable for EC261. There are a few exceptions but since the Huzar case it is essentially the airline's responsibility.
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