That sounds like the difference between a stopover and a layover. If you had more than 24 hours in NY then that trip ended there. If you had less than 24 hours in DFW on the same reservation then your trip did not end there.

 

Sorry! Typo. Was 22 hours!

 

Not sure where else to ask this, but do EU/UK261 compensation criteria apply to charter flights (in this case TUI)?

 

Yes they do. Package tour holidays also have additional protections on top.

 

Hi I posted in early September when my flight from Toronto to Heathrow was delayed by about 6 hours. I lodged my claim with BA and had no replies apart from the standard we are looking at it etc so went to CEDR. They confirmed that my claim passed first stage and passed to BA. I got an update from BA this morning to say 'We’re sorry it was necessary to delay your flight from Toronto on 01 September and understand why you needed to get in contact about this. 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. We'd also like to thank you for your patience while we got back to you about this.

Your claim's been refused because BA0098 on 01 September was delayed because of Crew shortage.

As you know, the aircraft you were planning to fly on was delayed. This had the knock-on effect that the crew could no longer legally operate your flight, due to safety regulations that restrict their working hours. We tried to find another crew, but unfortunately there wasn’t one available.

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

We are also happy to reimburse your out of pocket expenses.'

I am now confused. Was this them responding to the CEDR dispute or just them responding to my original claim. I don't agree with their approach that they don't need to pay compensation due to the crew shortage. When they originally delayed the flight they gave no reason and they made no attempt to put me on another flight. They also flew another plane out that same day on the route with no delays. So I am asking for advice. My dilemma is if I don't respond in some way, they may accept this as me settling the claim. But I don't know if CEDR have approved this or how their system works. Can people suggest next steps. And if you think I am not eligible for the compensation then please tell me what is reasonable as I don't want to waste my time if this is an acceptable justification .

 

No that looks like BA giving their initial answer, greatly delayed, and an incorrect answer at that. You can either ignore it or reply that this isn't the correct reading of "Lipton v BACF" and see if that means your reply gets escalated. Separately CEDR will reply directly to you with BA's comments in due course, and since it's a different person from BA you may get a different answer. Communications from CEDR are clear and if this was a direct response from BA it should have included your CEDR log number, which presumably is not present.

 

Thanks corporate-wage-slave . I will hang fire. It did not have my CEDR number. I really feel irritated by BA. When my train gets delayed and I apply for compensation with Avanti, I get rapid responses. even Northern rail and TransPennine are reasonable. With BA, this is going on for months. if I couldn’t afford to pay my own hotel then this could be a huge worry. I know I am having a mini rant but it is more that I am surprised that is acceptable to have such long delays. CEDR even told me they had extended the time for BA to respond as there are so many complaints in the system. . I am fortunate to do some international travel and maybe time to shop around for another carrier to switch my business to. I am lucky to have this forum to help me out and find a way through all this messiness. Rant over!

 

Thanks corporate-wage-slave....as ever always helpful and well informed! Happy New Year

 

Quick question for any BA frequent fliers: My 3+ hour delay upon takeoff from LGW turned into a 2.5+ hour delay upon landing at JFK so I know I'm not entitled to compensation; however, I am wondering if it's worth making a complaint to BA Executive Club about it. It was my first travel with BA since attaining Silver and obviously was an experience I'm not keen to repeat (the delay was due to operational issues, namely a late-arriving flight combined with a technical issue), so I figured some constructive criticism to BA might lead to some Avios in compensation. Do you knowledgeable folk think it's worth the effort? And if so, is there a specific department or email I should reach out to? Many thanks in advance and happy new year to all.

 

BA may give you some Avios for the delay. As you correctly indicate, because you were under 3 hours late into Kennedy then that puts you out of scope for EC261, but if you complain you may get some Avios for this. I doubt that any feedback would get very far, BA I suspect knows full well that they are under-staffed and resourced for their operations.

 

Please follow the 2024 version of this thread here:

The 2024 BA compensation thread: Your guide to Regulation EC261 / UK261

golfmad
Moderator: BAEC forum