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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 27, 2023, 2:50 pm
  #2251  
 
Join Date: Mar 2022
Posts: 21
Originally Posted by corporate-wage-slave
That's one possible outcome yes.
Thanks for replying. Ordinarily I would just accept the offered compensation, however there were also a delay on the outbound, no catering on the flights and 2 hour wait for baggage on the inbound and I feel BA didn't handle any of this well, so this made me think more to go to CEDR.

I haven't done this before, and of course no-one has a crystal ball, though would you please give your personal opinion based on your experience and anecdotal knowledge of the likelihood of CEDR deciding no compensation was in fact due?
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Old Oct 27, 2023, 3:00 pm
  #2252  
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Originally Posted by geogad
Thanks for replying. Ordinarily I would just accept the offered compensation, however there were also a delay on the outbound, no catering on the flights and 2 hour wait for baggage on the inbound and I feel BA didn't handle any of this well, so this made me think more to go to CEDR.

I haven't done this before, and of course no-one has a crystal ball, though would you please give your personal opinion based on your experience and anecdotal knowledge of the likelihood of CEDR deciding no compensation was in fact due?
I think it's unlikely that CEDR will go against you, but I can't be sure about that. The regulation does imply scheduled rather than actual time, and I'm assuming you can say that in terms of the disruption to your day meant you were at the airport much earlier than planned.
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Old Oct 27, 2023, 5:00 pm
  #2253  
 
Join Date: May 2023
Posts: 6
Originally Posted by tylphe
Claim Update:
  • May 27: My flight INV->LHR->SFO was cancelled on, rebooked on the same flight the next day.
Update:

The good news: BA is providing me compensation for the cancelled flight under UK261, and theyre reimbursing me for the duty of care expenses.

The bad news: BA wont refund me the seat reservation fees because theyre handled through a separate process (an online form) that needed to be submitted within 30 days of the cancelled flight. This despite their website saying, If your flight has been cancelled and already rebooked by British Airways within 48 hours of departure [which it was], there is no need to apply for a refund for your seat as this will be processed automatically. Since its been more than 30 days, they wont refund me even though I submitted my claim 2 days after my flight was cancelled. Apparently I needed to fill out a claim in addition to filling out a claim.

I worked with a BA rep on the phone for an hour before they gave up and told me my only option was to file a new complaint (not a claim) through the BA website.

Next step I think is to call my credit card company Im past the time limit for a chargeback but maybe theres a way they can still help me. I guess I can also leave my CEDR claim open and hope they can help me with that. Any recommendations?

This has been an awful customer experience and Im close to giving up on this last part; it just really sucks to walk away from $127 for seat reservations on cancelled flights.
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Old Oct 27, 2023, 5:09 pm
  #2254  
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I would take it to CEDR on the basis of being treated unfairly. It's likely to be paid as soon as the BA paralegal looks at it. Or you could try MCOL. From what I can make out they are only contesting a small percentage of cases at MCOL.
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Old Oct 27, 2023, 5:13 pm
  #2255  
 
Join Date: Mar 2022
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Originally Posted by corporate-wage-slave
I think it's unlikely that CEDR will go against you, but I can't be sure about that. The regulation does imply scheduled rather than actual time, and I'm assuming you can say that in terms of the disruption to your day meant you were at the airport much earlier than planned.
I've just looked at the text from the BA email and they say "Ive checked the details of your journey and Im pleased to advise youre entitled to compensation for the cancellation of your flight.
The distance of your disrupted journey was less than 1,500km. Because your new flight was scheduled to depart more than one hour before your original departure time, youre entitled to 110.00 in compensation, which is 50% of the full amount."


So maybe CEDR would just go along with BA's judgment that compensation is due. If BA reject my follow-up email and I decide to go to CEDR, should I include both the scheduled and actual times in the CEDR application?

Thanks for all your help with this.
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Old Oct 29, 2023, 4:25 am
  #2256  
 
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I posted recently about irrops on 19th October where our return flight Spain-London-Glasgow on BAH booking had cancelled domestic leg, attributed to weather. I got the cancellation SMS the evening before travel; no rebooking option appeared in MMB so I called BAH who arranged overnight hotel in London and rebooked London-GLA arriving home ~17 hours later than scheduled. BA accepted and paid meal expenses but denied UK261 (text below). I noted in my complaint that every other LHR-GLA had operated the day mine was cancelled, before and after my flight, and I understand this makes UK261 claim valid. I'd value guidance from the forum about whether a) I am correct in my assertion, b) if easier to continue discussion with BA CS or request "final answer" and go to CEDR? (As context I recently successfully used CEDR for the first time and was impressed with its simplicity, but equally don't want a black mark as a regular complainer!! - albeit various "well done" and a few other positive things hopefully balance that out!)

Were sorry it was necessary to cancel your flight to Glasgow on 19 October 2023 and understand why you needed to get in contact about this. We take all reasonable measures to avoid cancelling a flight and well always consider if there are any alternative solutions available before we make a decision.

Your claim's been refused because BA1492 on 19 October 2023 was cancelled because of adverse weather conditions, reduced flow rates at London Heathrow due to thunderstorms across the London area and strong winds in Scotland. Due to the weather conditions, Air Traffic Control imposed restrictions on the number of flights that could depart London Heathrow. Although some flights were able to operate as normal, your flight was one of those we had to cancel.

Thunderstorms have a significant impact upon aviation and every effort is made to avoid areas of thunderstorm activity. Thunderstorms tend to be highly localised, so even if a storm isnt present at the actual airfield, the presence of storms in the vicinity often results in a reduced flow of aircraft through the airspace, as aircraft have to avoid the worst conditions. This reduces the capacity of the airport and results in Air Traffic Control imposing restrictions on the amount of flights that can arrive at London Heathrow. When Air Traffic Control imposes restrictions on the amount of flights that can arrive, departures are also affected, which results in delays and cancellations.

We take all reasonable measures to avoid disruption to a flight and we always consider if there are any other alternative solutions before we make a decision. The cancellation was out of our control and caused unforeseen disruption to our schedule.
Were happy to pay you back (xxx) for the costs you had to pay because of this disruption. Ive raised a bank transfer for this amount in your local currency, which will be paid directly to you. We want to process your payment as quickly as possible to put things right for you. Just to make you aware, if you respond to this email within the next 48-72 hours, it may cause a delay in your payment being processed.

Last edited by so3003; Oct 29, 2023 at 4:26 am Reason: text spacing
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Old Oct 29, 2023, 4:57 am
  #2257  
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Originally Posted by so3003
I posted recently about irrops on 19th October where our return flight Spain-London-Glasgow on BAH booking had cancelled domestic leg, attributed to weather. I got the cancellation SMS the evening before travel; no rebooking option appeared in MMB so I called BAH who arranged overnight hotel in London and rebooked London-GLA arriving home ~17 hours later than scheduled. BA accepted and paid meal expenses but denied UK261 (text below). I noted in my complaint that every other LHR-GLA had operated the day mine was cancelled, before and after my flight, and I understand this makes UK261 claim valid. I'd value guidance from the forum about whether a) I am correct in my assertion, b) if easier to continue discussion with BA CS or request "final answer" and go to CEDR? (As context I recently successfully used CEDR for the first time and was impressed with its simplicity, but equally don't want a black mark as a regular complainer!! - albeit various "well done" and a few other positive things hopefully balance that out!)
That flight, and 23 other flights, are listed in the FAQ Reason for flight delays thread, post 2637. It was bad weather, no question of that, I remember it being a very poor day. HADACAB was invoked, which leads to airlines cancelling flights, and it wasn't just BA that day. So I can't see this one succeeding, even at CEDR level.
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Old Oct 29, 2023, 6:43 pm
  #2258  
 
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By way of explanation, since HADACAB isn't something many are likely to be aware of, HADACAB is the group which is engaged when LHR has capacity issues - "Heathrow ATM Demand And CApacity Balancing" group.
Rather than cut-and-paste, see https://www.heathrow.com/content/dam...f_Use_2022.pdf
In short, this is invoked when extraordinary conditions require capacity restrictions.
No disagreement with CWS - this isn't likely to succeed.
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Old Oct 29, 2023, 9:24 pm
  #2259  
 
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Hi all -
struggling on a delay which was a mix of ATC and mechanical delays.

In short. Flight delayed 2.5h. Of which 1h for mechanical (of inbound flight) and 1.5h for ATC. I was denied boarding at LHR as the system had bumped me off the connecting flight (at T5 security at 2.07 for a 2.30 departure).

Advice on how to proceed? Much appreciated. Had mechanical issues not occurred I wouldnt have missed my flight.

3rd response from BA below. Your flight BA0226 was delayed for 142 minutes on arrival. Out of this, the delay of 65 minutes was due to the technical reasons.

The remainder of the delay was because of airspace restrictions being in place at London Heathrow. I'm afraid this was out of our control and prevented the aircraft operating as scheduled. Under EU legislation, were not liable for a compensation payment in this situation.
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Old Oct 29, 2023, 11:57 pm
  #2260  
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Originally Posted by italian7
Hi all -
struggling on a delay which was a mix of ATC and mechanical delays.
This would need some more detail to give a clear answer, but it you just wanted a general answer then weather/ATC can be deemed extraordinary circumstances, and thus not payable. Technical is generally claimable, and then at LHR T5 there is a 35 minute conformance issue. The conformance issue is hadwired into operations at T5 but it's not formally part of EC261, and if you could have made your onward flight (e.g. the second flight was itself late) then you may have a claim. CEDR is a good way to establish the actual details of this since BA has to present its details, or pay up to avoid presenting the details.
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Old Oct 30, 2023, 6:53 am
  #2261  
 
Join Date: Dec 2012
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Originally Posted by italian7
Hi all -
struggling on a delay which was a mix of ATC and mechanical delays.

In short. Flight delayed 2.5h. Of which 1h for mechanical (of inbound flight) and 1.5h for ATC. I was denied boarding at LHR as the system had bumped me off the connecting flight (at T5 security at 2.07 for a 2.30 departure).

Advice on how to proceed? Much appreciated. Had mechanical issues not occurred I wouldnt have missed my flight.

3rd response from BA below. Your flight BA0226 was delayed for 142 minutes on arrival. Out of this, the delay of 65 minutes was due to the technical reasons.

The remainder of the delay was because of airspace restrictions being in place at London Heathrow. I'm afraid this was out of our control and prevented the aircraft operating as scheduled. Under EU legislation, were not liable for a compensation payment in this situation.
Originally Posted by corporate-wage-slave
This would need some more detail to give a clear answer, but it you just wanted a general answer then weather/ATC can be deemed extraordinary circumstances, and thus not payable. Technical is generally claimable, and then at LHR T5 there is a 35 minute conformance issue. The conformance issue is hadwired into operations at T5 but it's not formally part of EC261, and if you could have made your onward flight (e.g. the second flight was itself late) then you may have a claim. CEDR is a good way to establish the actual details of this since BA has to present its details, or pay up to avoid presenting the details.

As stated by CWS, further details are required to give more specific advice. You are best proceeding to CEDR as Longhaul flights are out of area as explained previously by Heathrow Tower .
There may well have been ATC start up delays due to weather at LHR, however you wouldnt be issued a slot for the return to LHR from ATL by eurocontrol. Was the ATC delay to the outbound aircraft from LHR operating as BA227 or the inbound operating ATL-LHR as BA226? Holding for 1:30 inbound to LHR seems unlikely unless this occurred on a day with storms and gale force winds affecting the airfield.
If you could provide further details or would help shape the advice available.
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Old Oct 30, 2023, 8:39 am
  #2262  
 
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I submitted a claim for reimbursement of hotel costs back in July and the claim is still pending. I have checked multiple times via the website chatbot and was told that it is still being processed. How long is a reasonable period to expect to wait? A previous claim was dealt with start-to-finish in about four weeks as indeed was a subsequent claim (arising from the Swanwick debacle in August). Are there any other ways of chasing things up? I tried calling customer services (option 3 on the gold line) mid-afternoon on a weekday and got a "we are closed message". Eh? So not sure where to go now and three months feels like a while.
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Old Oct 30, 2023, 8:52 am
  #2263  
 
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Originally Posted by BAECAddict
I submitted a claim for reimbursement of hotel costs back in July and the claim is still pending. I have checked multiple times via the website chatbot and was told that it is still being processed. How long is a reasonable period to expect to wait? A previous claim was dealt with start-to-finish in about four weeks as indeed was a subsequent claim (arising from the Swanwick debacle in August). Are there any other ways of chasing things up? I tried calling customer services (option 3 on the gold line) mid-afternoon on a weekday and got a "we are closed message". Eh? So not sure where to go now and three months feels like a while.
CEDR is likely your best bet in all honesty. Won't necessarily be quick, but getting the ball rolling on that will at least mean there are set timeframes within which BA has to respond (and likely pay) if they're to avoid an adverse decision.
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Old Oct 30, 2023, 11:10 pm
  #2264  
 
Join Date: Jun 2005
Posts: 629
Originally Posted by Sigwx
As stated by CWS, further details are required to give more specific advice. You are best proceeding to CEDR as Longhaul flights are out of area as explained previously by Heathrow Tower .
There may well have been ATC start up delays due to weather at LHR, however you wouldnt be issued a slot for the return to LHR from ATL by eurocontrol. Was the ATC delay to the outbound aircraft from LHR operating as BA227 or the inbound operating ATL-LHR as BA226? Holding for 1:30 inbound to LHR seems unlikely unless this occurred on a day with storms and gale force winds affecting the airfield.
If you could provide further details or would help shape the advice available.
Thanks all.
from what Ive understood the events are as follows.
- Flight from LHR (BA227) left over 1h late due to mechanical issues
- Given the delay, the flight was then further delayed by ATL ATC as there was a storm
- On the ground in ATL the aircraft was delayed 30minutes further due to delay in loading cargo
- I would have made my connecting flight had BAs system not bumped me

That leaves me to say that while ATC did happen, had other events not occurred I would have made my connecting flight (and beating BAs treacherous rebooking system).
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Old Oct 31, 2023, 3:59 am
  #2265  
 
Join Date: Oct 2023
Posts: 9
Why was my claim refused and can I push back on it?

Hi FlyerTalk,

Hoping you can help me make sense of why my claim was rejected!

I put in a claim for cancelled flight BA0085 13th September 2023 LHR to Vancouver. We were told of the cancellation at 12.05pm on the 13th September when the flight was due to leave at 1700.
We were placed on a flight to Vancouver from Gatwick on the 14th September instead.

Ive seen the cancellation code is DAMY, but BA have only offered to pay our expenses, not the cancelled flight. Theyve offered us 10,000 avios points because they think were Bronze members when were Silver, and their excuse is:

Your claim's been refused because BA0085 on 13 September 2023 was cancelled because: The aircraft experienced a lightning strike whilst operating the previous flight. As a result of this, mandatory inspections had to be carried out. These generally take around four hours and have to be completed before the aircraft can operate. During the inspections, damage to the aircraft was found, which meant repairs had to be carried out before the aircraft could operate

please help??
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