Jan 1, 2023, 11:31 am
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
Downgrades: Mennens case - calculation formula is in this post
Brexit and Covid pointers: see post 8
The 2023 BA compensation thread: Your guide to Regulation EC261 / UK261
Jan 3, 2023, 8:11 am
#16
Join Date: Dec 2012
Posts: 3,148
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.
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.
Jan 3, 2023, 8:33 am
#17
Join Date: May 2017
Posts: 2,016
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.
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 airport’s 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.
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 airport’s 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.
Jan 3, 2023, 8:41 am
#18
Join Date: Jan 2023
Posts: 3
Anyone dealt with a situation like so?
BA98 YYZ-LHR
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.
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.
Jan 3, 2023, 8:45 am
#19
Join Date: Dec 2012
Posts: 3,148
Anyone dealt with a situation like so?
BA98 YYZ-LHR
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.
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.
Jan 3, 2023, 10:06 am
#22
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: 63,684
- 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.
Jan 3, 2023, 2:52 pm
#25
Join Date: Mar 2017
Location: London
Programs: BAGold
Posts: 38
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!
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!
Jan 3, 2023, 3:09 pm
#26
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: 63,684
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.
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.
Jan 3, 2023, 5:50 pm
#27
Join Date: Nov 2010
Posts: 5,596
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.
A small cheeseburger and a drink, no fries. You can imagine the face on Mrs rapidex at that.
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.
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.
Jan 4, 2023, 5:04 am
#29
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: 63,684
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).
