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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 31, 2023, 4:04 am
  #2266  
 
Join Date: Dec 2012
Posts: 3,471
Originally Posted by rsaffer
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??

Proceed straight to CEDR. There is no point in engaging further with BA other than perhaps to notify them that you shall be proceeding to CEDR as lightning damage is not considered extraordinary circumstances post the Huzar case. They are fully aware of this and are merely trying to cast doubt on the validity of your claim with a view to put you off continuing. Please do continue.
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Old Oct 31, 2023, 4:09 am
  #2267  
 
Join Date: Dec 2012
Posts: 3,471
Originally Posted by italian7
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).
Could you provide me with the dates of this?

The aircraft would not normally have been held on the ground at LHR due to any issues in ATL. It may well have been holding in the ATL area or outside due to weather at ATL.

From the sounds of it I would proceed to CEDR in any case as the TD delay code element of the outbound and the GL delay code element of the return are both within BAs control and amount to 90 mins or so of delay.

If you could provide the details of times, dates and onwards flights ex LHR I can look up the previous weather issues but on the face of it I would continue is at this point.
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Old Oct 31, 2023, 4:47 am
  #2268  
 
Join Date: Oct 2023
Posts: 9
Originally Posted by Sigwx
Proceed straight to CEDR. There is no point in engaging further with BA other than perhaps to notify them that you shall be proceeding to CEDR as lightning damage is not considered extraordinary circumstances post the Huzar case. They are fully aware of this and are merely trying to cast doubt on the validity of your claim with a view to put you off continuing. Please do continue.
Thank you. How do I proceed to CEDR? (Apologies. Novice over here. I really appreciate your help!)
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Old Oct 31, 2023, 4:54 am
  #2269  
 
Join Date: Mar 2014
Location: London
Programs: BAEC Silver
Posts: 76
Originally Posted by rsaffer
Thank you. How do I proceed to CEDR?
https://www.cedr.com/consumer/aviation/overview/

Click "Make a complaint" then just follow the prompts.
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Old Oct 31, 2023, 4:59 am
  #2270  
 
Join Date: Dec 2012
Posts: 3,471
Originally Posted by rsaffer
Thank you. How do I proceed to CEDR? (Apologies. Novice over here. I really appreciate your help!)
Go to post 1 of this thread and work your way though. Lots of excellent work has been put in by CWS on this thread and others. The link below discusses CEDR directly. You need not give war and peace in your submission, just merely the facts with flight numbers, dates and timings and a mention that the cancellation code issued by BA was DAMY and that you are seeking compensation for the above cancellation. This thread, whilst long now, does contain lots of anecdotal evidence for time scales etc. Quite often BA review their own records and simply agree to settle prior to any hearing stage which I would imagine will be the case here. Their own use of the code DAMY settles it as by their own admission it is payable.

Anyone Used CEDR Adjudication With BA?

If after reading and using the link to CEDR you need any help, do post your queries if not already answered. It might seem a bit of a pain, but for 520 per passenger, probably worth the time.
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Old Oct 31, 2023, 5:21 am
  #2271  
 
Join Date: Dec 2012
Posts: 3,471
I have just re looked up BA085 13th Sept 2023. The entry is as follows;

BA085/13SEP LHR-YVR

2 01-LHR-YVR OP CODESHARE FLT
ETOPS T

STD 1625/13 PTD 1625/13 ETD X
-
STA 0200/14 PTA 0200/14 ETA X

ECFG K5J31
DELAY CAN
OPS REMARKS CAN DAMN
ENG REMARKS CANX DAMY DUE WBM IN FSU 55 LIGHTING STRIKES

SUPP. INFO.
AIRCRAFT TOUR INFORMATION
1.BA085/13SEP LHR-YVR
So there is a code DAMN hence your rejection by BA, but also a DAMY code too. It will be interesting to see the submission BA puts forward. I recall mentioning it at the time but just to recap the remarks section of the entry translates as follows; Cancelled due to aircraft damage and not eligible for EU261.

Engineering remarks - Cancelled due to aircraft damage and is eligible for EU261 due to G-XWBM being in the Fleet Support Unit with 55 lightning strikes.

So BA will be contesting this via CEDR, ultimately huzar has already concluded this to your favour but it will be interesting none the less. BA I guess will be arguing a case of how many lightning strikes is classed as extraordinary?

If any of you present here fly on G-ZBKD in the next few weeks and are staring at her through the glass windows of a gate, have a look at her lower right (starboard) forward side and count how many silver dots you see, they are all lightning strike marks that are dotted by engineering. She is riddled with them and newer carbon composite fuselages are fantastic lightning attractors, so we do get whacked a fair old bit.

Last edited by Sigwx; Oct 31, 2023 at 8:18 am
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Old Oct 31, 2023, 6:44 am
  #2272  
 
Join Date: May 2018
Posts: 34
Originally Posted by Sigwx
I have just re looked up BA085 13th Sept 2023. The entry is as follows;



So there is a code DAMN hence your rejection by BA, but also a DAMY code too. It will be interesting to see the submission BA puts forward. I recall mentioning it at the time but just to recap the remarks section of the entry translates as follows; Cancelled due to aircraft damage and not eligible for EU261.

Engineering remarks - Cancelled due to aircraft damage and is eligible for EU261 due to G-XWBM being in the Fleet Support Unit with 55 lightning strikes.

So BA will be contesting this via CEDR, ultimately huzar has already concluded this to your favour but it will be interesting none the less. BA I guess will be arguing a case of how many lightning strikes is classed as extraordinary?

If any of you present here fly on G-ZBKD in the next few weeks and are staring at her through the glass windows of a gate, have a look at her lower right (starboard) forward side and count how many silver dots you see, they are all lightning strike marks that are dotted by engineering. She is riddled with them and newer carbon composite fuselages are fantastic lightning attractors, so we do get whacked a fair old bit.
where can I get this information from as I am also having issue claiming for a flight from Sept

Thank you
alanjhett is offline  
Old Oct 31, 2023, 6:48 am
  #2273  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
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Posts: 64,965
Originally Posted by alanjhett
where can I get this information from as I am also having issue claiming for a flight from Sept
If you need to ask, you don't need to know! If the details are upthread then that's what we know. If not then provide details and, well we can check. Normally it's best to ask within a few days.
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Old Oct 31, 2023, 8:25 am
  #2274  
 
Join Date: May 2018
Posts: 34
Originally Posted by corporate-wage-slave
If you need to ask, you don't need to know! If the details are upthread then that's what we know. If not then provide details and, well we can check. Normally it's best to ask within a few days.
Thank you.
think Ill just wait and see what BA comes back with.
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Old Oct 31, 2023, 4:05 pm
  #2275  
 
Join Date: Oct 2020
Location: Surrey, England
Programs: British Airways Executive Club - Bronze
Posts: 16
Hi everyone,

Ive just been rebooked in Euro Traveller for tomorrow (01/11) after the cancelled BA891 (SOF-LHR) today.

Thank you all for your helpful advice to other people, Ive used it to avoid the mass of people at the gate and am sitting down quite comfortably at the Hilton Sofia.

Just to confirm, will I be able to recoup all costs under duty of care, reclaim UK261, and ORC?

I think Im cursed as this was my first B2B!
PharmacistTakeaway is offline  
Old Oct 31, 2023, 4:20 pm
  #2276  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 64,965
Originally Posted by PharmacistTakeaway
Just to confirm, will I be able to recoup all costs under duty of care, reclaim UK261, and ORC?
Yes, that all seems in scope, in that you can claim hotel, meals and transport costs to the hotel, plus wifi costs. And ORC shouldn't be a problem either.

Out of interest, what happened to cause the cancellation? The LHR-SOF was a little late and usually the same crew would return with the flight.
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Old Oct 31, 2023, 4:32 pm
  #2277  
 
Join Date: Oct 2020
Location: Surrey, England
Programs: British Airways Executive Club - Bronze
Posts: 16
Originally Posted by corporate-wage-slave
Yes, that all seems in scope, in that you can claim hotel, meals and transport costs to the hotel, plus wifi costs. And ORC shouldn't be a problem either.

Out of interest, what happened to cause the cancellation? The LHR-SOF was a little late and usually the same crew would return with the flight.
Thank you CWS, grateful for your quick responses as always.

The aircraft went tech with an issue that was picked up just before landing. The captain came out multiple times but the key thing he had mentioned when the flight was cancelled, was that there was an issue with the lateral controls of the aircraft, serious enough to warrant a team of engineers to come out and open the plane up to try and fix it overnight and possibly over the next couple of days, as BA are having to send out a A321Neo to accommodate all the passengers tomorrow.
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Old Oct 31, 2023, 5:26 pm
  #2278  
 
Join Date: Jul 2013
Programs: BAEC Silver
Posts: 154
Originally Posted by pps197
Hello -- I was booked on the cancelled BA2276 on 25Jun2023. I applied for compensation assuming it would be a very straightforward case. It has still taken > 3months for BA to reply and today they wrote: "Your claim for your cancelled flight BA2276 has been refused due to aircraft shortage caused by night stop in Grenada due to unserviceable runway lights. As a result your flight was cancelled, and you're not eligible for compensation. "To me, this sounds dubious: surely no flight from Las Vegas to London is coming from / via Grenada? If the claim is that problems in Grenada somehow indirectly affected the total supply of BA aircraft in the North American region then this seems tenuous in terms of BA repudiating the claim for a cause outside their control. [Also if that is the reasoning, it is poorly explained].

In any case, do the experts here know whether this is a well justified get-out for BA for this cancellation and - if not - how do I proceed now ? Thank you.
Update: I put the claim into CEDR who first sent a stock reply saying they are very busy and could take 90 days to even start looking at the case. Then, just a couple of days later, CEDR accepted the case and then IMMEDIATELY (under 1 minute later) they reported that BA had offered to settle for the full 520 claim. I wonder does that instant result mean that BA just don't try to argue cases where the customer has gone as far as CEDR, or might it mean that CEDR/BA know from their database that my flight was eligible for compensation so BA just accept it at this point? Anyway - pleased with this result, and thanks to the folks here for your help. One possible glitch is that I did not put in my bank details when accepting ... I assumed "provide your full bank details (in the box which appears when you click on ACCEPT OFFER)" meant a box would appear asking for bank details ... not just "message" or whatever it said - that could have been a lot clearer IMO ! Hopefully BA already have my details on file, or will get in touch without further ado ....
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Old Oct 31, 2023, 5:41 pm
  #2279  
 
Join Date: Dec 2004
Location: Miami Beach FL, Philadelphia PA, and Oxfordshire UK
Programs: BA Gold, AA Executive Platinum, PriorityPass, Global Entry, Marriott Platinum
Posts: 739
Originally Posted by PharmacistTakeaway
Thank you CWS, grateful for your quick responses as always.

The aircraft went tech with an issue that was picked up just before landing. The captain came out multiple times but the key thing he had mentioned when the flight was cancelled, was that there was an issue with the lateral controls of the aircraft, serious enough to warrant a team of engineers to come out and open the plane up to try and fix it overnight and possibly over the next couple of days, as BA are having to send out a A321Neo to accommodate all the passengers tomorrow.
My husband was on that flight. I was on the phone to him as it was cancelled and he muttered about a long line with 2 agents sorting folk out. I told him - dont wait, call the gold line - and he got rebooked in J on Austrian via Vienna tomorrow morning with very little argument. I got him a room in the Best Western Sofia Airport hotel.

He said the agent on the Gold line said BA had already booked him on the same BA flight tomorrow evening, but that was unacceptable due to time and work commitments tomorrow so the Austrian flight was arranged easily enough.

Im sure he will be putting in his EU 261 and hotel / ORC claim at some point.
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Old Oct 31, 2023, 5:44 pm
  #2280  
 
Join Date: Dec 2012
Posts: 3,471
Originally Posted by PharmacistTakeaway
Hi everyone,

Ive just been rebooked in Euro Traveller for tomorrow (01/11) after the cancelled BA891 (SOF-LHR) today.

Thank you all for your helpful advice to other people, Ive used it to avoid the mass of people at the gate and am sitting down quite comfortably at the Hilton Sofia.

Just to confirm, will I be able to recoup all costs under duty of care, reclaim UK261, and ORC?

I think Im cursed as this was my first B2B!
Originally Posted by corporate-wage-slave
Yes, that all seems in scope, in that you can claim hotel, meals and transport costs to the hotel, plus wifi costs. And ORC shouldn't be a problem either.

Out of interest, what happened to cause the cancellation? The LHR-SOF was a little late and usually the same crew would return with the flight.
Originally Posted by PharmacistTakeaway
Thank you CWS, grateful for your quick responses as always.

The aircraft went tech with an issue that was picked up just before landing. The captain came out multiple times but the key thing he had mentioned when the flight was cancelled, was that there was an issue with the lateral controls of the aircraft, serious enough to warrant a team of engineers to come out and open the plane up to try and fix it overnight and possibly over the next couple of days, as BA are having to send out a A321Neo to accommodate all the passengers tomorrow.

Yes it was indeed a re occurring rudder jamming issue on G-EUYF that caused the cancellation with a TECY code allocated.
Sigwx is offline  

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