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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 Jan 3, 2023, 8:11 am
  #16  
 
Join Date: Dec 2012
Posts: 3,262
Originally Posted by Lioneye
On the 2022 thread I reported on a MCOL claim I'd made and which BA was defending.

it was to do with a 6 hour delay from LHR down to pilot sickness. This was in May 22.

They have today emailed to say they will be paying in full EC261, sustenance and court fee.

Several posters helped with tactics & supporting case law and I will thank them personally.

If anyone gets a similar issue this year please feel free to PM.
Glad to hear their BS finally faded to dust and drifted on the outgoing tide of smoke and mirrors.
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Old Jan 3, 2023, 8:33 am
  #17  
 
Join Date: May 2017
Posts: 2,021
Originally Posted by bookish
Would ground crew driving into the nose gear count as exceptional or am I entitled to compensation? Flight was cancelled (after 3 hours of waiting and a further 2 for baggage) and thankfully we flew out the next day, though delayed so feeling pretty tired of airports.
Originally Posted by corporate-wage-slave
There are two parts to "exceptional circumstance". The circumstance is one part, the other part though is that the airlines takes "all reasonable measures". Personally I would say that driving into a large inanimate structure is something that is best avoided. So I would certainly claim.
Per Siewert v Condor (Case C‑394/14):
On those grounds, the Court (Fifth Chamber) hereby rules:


Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that a situation where, as in the case before the referring court, an airports set of mobile boarding stairs collides with an aircraft cannot be categorised as extraordinary circumstances exempting the air carrier from its obligation to pay the passengers compensation in the event of a long delay to a flight operated by that aircraft.
Therefore, I do not think that driving into the nose gear is an extraordinary circumstance.
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Old Jan 3, 2023, 8:41 am
  #18  
 
Join Date: Jan 2023
Posts: 3
Anyone dealt with a situation like so?

BA98 YYZ-LHR
  • delayed 5 hrs then cancelled
  • told to go home or hotel (at own cost) flight will go ahead tomorrow
  • cancelled overnight, couldn't get through on phone.
  • spoke on twitter to BA support, offered flights 3 days later via Miami etc.
  • asked about other airlines, they said no seats on Air Canada. Have screenshots that we could have booked economy on AC.
  • asked about Air Transat, apparently they don't accept BA tickets.
  • We ended up booking ourselves on Air Transat due to it being the cheapest option.

They said on the Twitter chat they won't reimburse this, but want to claim for it anyway.

We did not request a refund for the flight and took the return leg home.
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Old Jan 3, 2023, 8:45 am
  #19  
 
Join Date: Dec 2012
Posts: 3,262
Originally Posted by dupeedo
Anyone dealt with a situation like so?

BA98 YYZ-LHR
  • delayed 5 hrs then cancelled
  • told to go home or hotel (at own cost) flight will go ahead tomorrow
  • cancelled overnight, couldn't get through on phone.
  • spoke on twitter to BA support, offered flights 3 days later via Miami etc.
  • asked about other airlines, they said no seats on Air Canada. Have screenshots that we could have booked economy on AC.
  • asked about Air Transat, apparently they don't accept BA tickets.
  • We ended up booking ourselves on Air Transat due to it being the cheapest option.

They said on the Twitter chat they won't reimburse this, but want to claim for it anyway.

We did not request a refund for the flight and took the return leg home.
Was this due to the LIDO flight planning system melt down on the 21st Dec?
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Old Jan 3, 2023, 8:48 am
  #20  
 
Join Date: Jan 2023
Posts: 3
Originally Posted by Sigwx
Was this due to the LIDO flight planning system melt down on the 21st Dec?
yep, no flight plans then they cancelled due to crew timing, but crew only arrived at 00:30 21 Dec.
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Old Jan 3, 2023, 8:53 am
  #21  
 
Join Date: Dec 2012
Posts: 3,262
Originally Posted by dupeedo
yep, no flight plans then they cancelled due to crew timing, but crew only arrived at 00:30 21 Dec.
Do put in your claim. Others affected that night have shown a quick and prompt acknowledgment and turnaround of payments.
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Old Jan 3, 2023, 10:06 am
  #22  
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Originally Posted by dupeedo
  • asked about other airlines, they said no seats on Air Canada. Have screenshots that we could have booked economy on AC.
  • asked about Air Transat, apparently they don't accept BA tickets.
  • We ended up booking ourselves on Air Transat due to it being the cheapest option.

They said on the Twitter chat they won't reimburse this, but want to claim for it anyway.
Don't claim the refund, but yes, pursue the Air Transat costs. Hopefully you have some screenshots if necessary. You should also claim for EC261 for the original delay and also any Right to Care expenses. I suspect it will be paid, but if possible go via MCOL if BA don't swiftly handle your claim.
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Old Jan 3, 2023, 10:18 am
  #23  
 
Join Date: Sep 2012
Posts: 13
Originally Posted by Im a new user
Per Siewert v Condor (Case C‑394/14):Therefore, I do not think that driving into the nose gear is an extraordinary circumstance.
I think this is BA48. They have already agreed full EC261 and expenses for me. So claim online
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Old Jan 3, 2023, 11:15 am
  #24  
 
Join Date: Mar 2013
Location: UK
Posts: 47
Originally Posted by flatbed13
I think this is BA48. They have already agreed full EC261 and expenses for me. So claim online
It was. That's good to hear, thank you.
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Old Jan 3, 2023, 2:52 pm
  #25  
 
Join Date: Mar 2017
Location: London
Programs: BAGold
Posts: 41
Please could anyone advise me if I should persue this claim for EC261 which has been rejected by BA

LGW-MLA BA2644 on 11th December was cancelled due to the snow on the runway, we sat on board for 3 hours for runway to be cleared but the flight was then cancelled even though the runway reopened.
BA rebooked me onto the flight the next day at 0620hrs on the 12th December, I checked in online.
The flight time was then changed from 0620hrs to 1930hrs on the 12th but then it was also cancelled too.
BA flights were operating on the morning of the 12th from LGW, and the plane which should have operated my MLA flight on the 11th, operated the DBV rotation on the morning of the 12th.
BA have rejected my claim advising that the cancellations on the 11th and 12th were both weather related, but many BA services on the 12th operated as normal from LGW.
Thanks in advance for any advice!
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Old Jan 3, 2023, 3:09 pm
  #26  
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Originally Posted by LosRodeos84
Please could anyone advise me if I should persue this claim for EC261 which has been rejected by BA

LGW-MLA BA2644 on 11th December was cancelled due to the snow on the runway, we sat on board for 3 hours for runway to be cleared but the flight was then cancelled even though the runway reopened.
This doesn't look a strong case for EC261 to me. The fact that LGW was working reasonably well isn't that persuasive, LGW is more resilient than LHR on the whole, and I'm not seeing a lot that BA could have done to get you on your way. The exception may be if you had asked or sought a rebooking to another airline (such as easyJet out of LGW) and it was refused. Ditto if another airline at LHR was running services to MLA with a lower level of disruption. Bad weather generally is accepted as a resason for denying EC261 compensation, and while you were unlucky to be hit twice, equally the problems went of for several days.
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Old Jan 3, 2023, 5:50 pm
  #27  
 
Join Date: Nov 2010
Posts: 5,617
For comparison, and a little light relief my DMK-KUL flight was delayed 4 hours. We were immediately and without question offered compensation by Air Asia.
A small cheeseburger and a drink, no fries. You can imagine the face on Mrs rapidex at that.
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Old Jan 4, 2023, 4:50 am
  #28  
 
Join Date: Aug 2017
Programs: OW
Posts: 226
The delayed arrival (just over 3hrs isn't under dispute) but BA are maintaining that BA11 (LHR-SIN) on 22 November 2022 was delayed due to adverse weather conditions - is there any way for me to check this (I don't have an EF sub for instance)? I struggle to see how this was the case as to my recollection no other flights were delayed that evening (unfortunately I don't have screenshots).

Have had a bit of back and forth (following the guidance here - stating what I expect as compensation etc) with BA and they have recommended that if I am not satisfied with the above response that I should go to CEDR - bit confused whether this is the right approach vs. MCOL.

Thanks in advance.
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Old Jan 4, 2023, 5:04 am
  #29  
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Originally Posted by eh220160
The delayed arrival (just over 3hrs isn't under dispute) but BA are maintaining that BA11 (LHR-SIN) on 22 November 2022 was delayed due to adverse weather conditions - is there any way for me to check this (I don't have an EF sub for instance)? I struggle to see how this was the case as to my recollection no other flights were delayed that evening (unfortunately I don't have screenshots).
Usual question: what did the flight deck say in their pre-flight briefing?
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Old Jan 4, 2023, 6:43 am
  #30  
 
Join Date: Aug 2017
Programs: OW
Posts: 226
Originally Posted by corporate-wage-slave
Usual question: what did the flight deck say in their pre-flight briefing?
Unfortunately I can't recall exactly...
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