Go Back  FlyerTalk Forums > Miles&Points > Airlines and Mileage Programs > British Airways | Executive Club
Reload this Page >

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

Old Jan 1, 2023, 11:31 am
FlyerTalk Forums Expert How-Tos and Guides
Last edit by: corporate-wage-slave
Link to the full original text of the regulations in PDF format

Downgrades: Mennens case - calculation formula is in this post
Brexit and Covid pointers: see post 8
Print Wikipost

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

Old Nov 2, 2023, 8:25 am
  #2296  
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: 64,883
Originally Posted by Bergy Bits
I've tried repeatedly but I never get to a screen that says "I had a problem with a booking that isn't listed." No matter what I do, the flights I actually took, not the ones that were cancelled, continue to populate.
Can you try this in Incognito or Private mode or a different browser? You may have some inherited cookies trying to get in the way. Start from fresh with the URL ba.com/complaints
corporate-wage-slave is online now  
Old Nov 2, 2023, 8:46 am
  #2297  
 
Join Date: Mar 2009
Posts: 228
Originally Posted by corporate-wage-slave
Can you try this in Incognito or Private mode or a different browser? You may have some inherited cookies trying to get in the way. Start from fresh with the URL ba.com/complaints
Tried different browser, tried private mode, tried typing fresh URL. I still eventually end up with a screen that wants my booking number, and as I mentioned in my original post, everything relating to my original flights has been overwritten by the ones we flew. If I say I don't have a booking number, it wants the flight numbers for the flights I flew - which are not the flights that were cancelled. The fact that BA continued to use the same booking number "before & after" is a hurdle I can't seem to surmount. Is there somewhere I can just "manuscript" my issue instead of using a form? Thank you for your patience.
Bergy Bits is offline  
Old Nov 2, 2023, 9:34 am
  #2298  
 
Join Date: Mar 2009
Posts: 228
Got it to work - am completing as we speak. Thanks!
flarmip likes this.
Bergy Bits is offline  
Old Nov 2, 2023, 9:37 am
  #2299  
IMH
 
Join Date: Jul 2007
Location: Berlin
Programs: BA Gold; Accor Platinum; IHG Diamond-Amb.; Meli/HH/Bonvoy Gold
Posts: 5,513
Originally Posted by Bergy Bits
Got it to work - am completing as we speak.
Excellent.

When you have time, do please share the "how" for the benefit of people encountering similar difficulties.
IMH is offline  
Old Nov 2, 2023, 10:39 am
  #2300  
 
Join Date: Mar 2009
Posts: 228
Originally Posted by IMH
Excellent.

When you have time, do please share the "how" for the benefit of people encountering similar difficulties.
The HOW is that I'm an idiot and very flustered by all of this (also returned from vacation ill) and failed to follow corporate-wage-slave's explicit instructions - which clearly said to begin with BOOKINGS AND RESERVATIONS and instead I kept reverting to DELAYS, CANCELLATIONS, AND DIVERSIONS. The former allows for a more narrative approach where the latter kept, as I mentioned, boxing me into what I ended up flying vs. what I was scheduled to fly since both had the same booking number. The irony is that I'm a stickler for following instructions but this one went right by me.
IMH and corporate-wage-slave like this.
Bergy Bits is offline  
Old Nov 2, 2023, 10:42 am
  #2301  
IMH
 
Join Date: Jul 2007
Location: Berlin
Programs: BA Gold; Accor Platinum; IHG Diamond-Amb.; Meli/HH/Bonvoy Gold
Posts: 5,513
Originally Posted by Bergy Bits
The HOW is [...] to begin with BOOKINGS AND RESERVATIONS [...]
Thanks. We all get flustered at times and your report will, I'm sure, help others to focus.
IMH is offline  
Old Nov 2, 2023, 2:38 pm
  #2302  
 
Join Date: Sep 2022
Posts: 16
Hi All - long time lurker but infrequent poster! I proceeded with CEDR for a flight cancellation on 12 June, with the subsequent rebooked flight delayed by over 3 hours and an Uber of over 150 due to Heathrow not having any public transport at 1am.

For context, there was no communication from BA at all after the claim was submitted on 13 June other than an autoreply. BA have paid out 220 compensation for the delayed flight and the travel costs. They have defended the claim for the cancelled flight due to air traffic management procedures in place which seems like a watertight rationale. A shame that BA couldn't have clarified this rather than wait for CEDR.

In any case, I hope this post gives some hope to people waiting a significant amount of time with no response. Patience is a virtue! Thank you so much to the posters on this chat who provide such sage advice.
IMH and corporate-wage-slave like this.
dmck355 is online now  
Old Nov 2, 2023, 3:02 pm
  #2303  
 
Join Date: Sep 2002
Location: Cheltenham
Programs: KLM Plat for Life , BA Gold, HH Silver, (Other half Diamond), IHG Gold
Posts: 2,419
11th sept AMS LHR
cancelled , downgraded and baggage lost for 8 days
EU compensation 220 each received today plus 15000 Avios each as a sorry . Awaiting downgrade bit , sent to back office .
simonsmith is offline  
Old Nov 2, 2023, 9:58 pm
  #2304  
 
Join Date: May 2022
Location: GB
Programs: BAEC Silver IHG Diamond Ambassador Hilton Diamond
Posts: 310
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??
Rsaffer - please check my post history on this thread - I was on the exact same service as you and took the BA2278 to LGW on the 14th also. CWS and Sigwx went into more detail as to how the DAMY was allocated (and why BA are fighting our claims!).

I was told to go straight to CEDR by the folks here and just been told my complaint is within scope by CEDR. Now waiting on BA. Looks likely well both get our 520 per head.

BA have paid my expenses without quibbles but not 10,000 avios!

good luck 😄
Jeedos is online now  
Old Nov 3, 2023, 1:22 am
  #2305  
 
Join Date: Dec 2012
Posts: 3,461
Originally Posted by rsaffer
I have sent my claim of to CEDR, having let BA know that was my intention, and received the following from BA, who then recommends me on to CEDR if I want to appeal:

Heres hoping CEDR take my case! Im kinda nervous, but I trust the Huzar case, even if BA did try and skirt around it with applying DAMN after the engineers had stated DAMY. (Im still not sure how BA could override an engineers DAMY cancellation code)
It is a different dept that has a wider overview and allocates or updates the codes, thats isnt to say they get it right, but they arent involved directly in the legal loop, they are only focused on the day to day operation.

At home base a lack of standby aircraft is inherently a BA issue so both Huzar and all reasonable measures are in your favour.
Dont forget that airlines utterly despise this legislation and rather than lobby parliament effectively, theyd rather take out their frustrations on you. Stick to the process and Im sure youll be fine.
Sigwx is offline  
Old Nov 3, 2023, 3:03 am
  #2306  
Kwi
 
Join Date: Nov 2009
Location: London
Programs: BAEC - Blue AND Chief Taster for Walkers Crisps
Posts: 47
Hello All,

BA have agreed to send me my uber fare. But are saying that my flight which was over 3 hours late was due to weather and a change in their schedule.

"We take all reasonable measures to avoid delaying a flight and we’ll always consider if there are any alternative solutions available before we make a decision. Your claim for compensation has been refused because BA1495 on 30 July was delayed because adverse weather conditions that significantly impacted our flight schedule.The delay, in fact, stemmed from a rotational delay in our flight schedule, with the aircraft originally designated for your Glasgow service encountering a substantial delay due to a storm over Serbian airspace while operating other sectors before your flight. This adverse weather condition led to air traffic control restrictions and the subsequent delay of their slot, creating a domino effect on our Glasgow service, which was meant to transport you to London.

The delay was out of our control and caused unforeseen disruption to our schedule"

Now, The plane that took us on that leg was I think 40 mins late getting into Heathrow. I dont know if this was the plane that was always going to take us or not. So I am not sure what happens.
If there are earlier issues in the day does that mean that you can not claim compensation?
Do I take this back to BA or go to CEDR or are BA correct and there is nothing I can do?

Thank you
Kwi is offline  
Old Nov 3, 2023, 5:19 am
  #2307  
 
Join Date: May 2019
Location: FL390 or the iron way
Programs: BA GGL
Posts: 2,092
Originally Posted by Kwi
Hello All,

BA have agreed to send me my uber fare. But are saying that my flight which was over 3 hours late was due to weather and a change in their schedule.

"We take all reasonable measures to avoid delaying a flight and well always consider if there are any alternative solutions available before we make a decision. Your claim for compensation has been refused because BA1495 on 30 July was delayed because adverse weather conditions that significantly impacted our flight schedule.The delay, in fact, stemmed from a rotational delay in our flight schedule, with the aircraft originally designated for your Glasgow service encountering a substantial delay due to a storm over Serbian airspace while operating other sectors before your flight. This adverse weather condition led to air traffic control restrictions and the subsequent delay of their slot, creating a domino effect on our Glasgow service, which was meant to transport you to London.

The delay was out of our control and caused unforeseen disruption to our schedule"

Now, The plane that took us on that leg was I think 40 mins late getting into Heathrow. I dont know if this was the plane that was always going to take us or not. So I am not sure what happens.
If there are earlier issues in the day does that mean that you can not claim compensation?
Do I take this back to BA or go to CEDR or are BA correct and there is nothing I can do?

Thank you
An issue earlier in the day on the same aircraft may count as exceptional circumstances in principle. But that only satisfies the first element of the test: the second element is that the delay must have been unavoidable even if all reasonable measures had been taken.

This is where BA will fail the test; airlines are expected to have spare aircraft and crew at their operating bases (particularly in the case of BA, for which LHR is the centre of the mainline's universe). They should have used a spare aircraft (and if necessary, crew), or indeed simply swapped aircraft around, to allow the outbound aircraft to GLA to leave LHR on time.

Of course BA never seems to consider this in their responses to claims, only looking at the reason code(s) listed under the flight and then taking those as the end of the matter. CEDR should scrutinise "all reasonable measures" more closely and hopefully rule in your favour here and I'd certainly give it a go.
Kwi and LCSinTexas like this.
flarmip is offline  
Old Nov 3, 2023, 7:15 am
  #2308  
Kwi
 
Join Date: Nov 2009
Location: London
Programs: BAEC - Blue AND Chief Taster for Walkers Crisps
Posts: 47
Originally Posted by flarmip
An issue earlier in the day on the same aircraft may count as exceptional circumstances in principle. But that only satisfies the first element of the test: the second element is that the delay must have been unavoidable even if all reasonable measures had been taken.

This is where BA will fail the test; airlines are expected to have spare aircraft and crew at their operating bases (particularly in the case of BA, for which LHR is the centre of the mainline's universe). They should have used a spare aircraft (and if necessary, crew), or indeed simply swapped aircraft around, to allow the outbound aircraft to GLA to leave LHR on time.

Of course BA never seems to consider this in their responses to claims, only looking at the reason code(s) listed under the flight and then taking those as the end of the matter. CEDR should scrutinise "all reasonable measures" more closely and hopefully rule in your favour here and I'd certainly give it a go.

Thank you very much for your help. I will take this to CEDR now.
flarmip likes this.
Kwi is offline  
Old Nov 3, 2023, 9:44 am
  #2309  
IMH
 
Join Date: Jul 2007
Location: Berlin
Programs: BA Gold; Accor Platinum; IHG Diamond-Amb.; Meli/HH/Bonvoy Gold
Posts: 5,513
Another data point:

5 September: flight cancelled, DE-GB, straightforward case with clear entitlement to EC261 compensation;
9 September: claimed online;
30 October: response from CR, money on the way and we've asked BAEC to sort out TPs (ORC);
3 November: money in my account.

Not fast, but better than it has been and just in time for me not to go to CEDR. No sign of the TPs yet but the email warned that this could take "up to 21 days".
IMH is offline  
Old Nov 3, 2023, 10:10 pm
  #2310  
 
Join Date: May 2012
Posts: 175
BA cancelled my flight 9 hours before departure and cant offer me an alternative flight today. I need to get to my destination today so Im going to book another airline on my own. Two questions:
1. Am I entitled to compensation even if I request a refund of my ticket?
2. Can I request reimbursement for my new flight from BA?
daniellovesflying is offline  

Thread Tools
Search this Thread

Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.