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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 4, 2023, 7:01 am
  #31  
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Originally Posted by eh220160
Unfortunately I can't recall exactly...
Oh well, you'll know for next time, here is the thread you need to keep handy (it will be in the BA Forum Dashboard in the near future):
https://www.flyertalk.com/forum/brit...3-edition.html

What you can do is claim from CEDR since BA will eventually send through their information, and at that point you can react more precisely - BA can't tell CEDR just that that the weather was bad, they will need to be specific and also detail how they took all reasonable measures.
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Old Jan 4, 2023, 10:26 am
  #32  
 
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Good Day,
Checking here on FT with more knowledgeable folks than myself. I am curious if I am entitled to downgrade compensation for the following issue. I have already requested EC261 Delay compensation and BA has agreed that it is applicable in my case. They are currently saying I am not entitled to 75% F to C downgrade compensation.

Itinerary: CDG-LHR-JFK
December 2022

Delayed leaving CDG-LHR due to whatever reason. My traveling companions and myself missed our connection from LHR-JFK due to the CDG delay. Overnight stay was required at LHR. We were involuntarily rebooked from BA F to VS C the next day. My rebooking coupon says "INVOLUNTARY" on it and we confirmed with the customer service team at LHR that it was involuntary. We had offered to fly to any destination in the US with F space and BA was willing to accommodate but there was no inventory at the time. BA is claiming this is not eligible for downgrade compensation as "We didn't travel on the originally booked flight" among various other reasons. They are saying we are entitled to difference in fare from what the cost of the VS C fare was compared to BA F (Ticket states the VS C Fare was 1700 EUR). Entire F ticket was only a bit more than 2000 EUR for the round trip. Do I have any merit in continuing to push BA for the 75% downgrade compensation or is my situation not really applicable to this EC261 regulation? Thank you for any insight!
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Old Jan 4, 2023, 12:08 pm
  #33  
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Yes, BA has often been a bit awkward about this, and CEDR sometimes goes along with BA's position that downgrade compensation happens when it's at the gate or the First cabin gets removed, but not for irrops. None of this is in the Regulation. So ideally, if you are UK based, you take this aspect to MCOL. You could try CEDR, if you are not UK based, and I guess you have nothing to lose there. Your one saving grace here, which may persuade CEDR, is that it is pretty clear you objected to the move to First. It's even better if you had asked BA to include that as a note in your PNR. Agents aren't obliged to do that, but if you have made the request then that's good enough and you can make a Statement of Truth if necessary.
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Old Jan 4, 2023, 11:37 pm
  #34  
 
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I'm about to pursue BA via CEDR after they rejected my claim on the basis of "Jetty servicing at the airport". I flew EDI-LHR and we were delayed on departure from EDI. On landing in LHR my phone showed that I'd been pulled off the LHR-SYD flight and rebooked with another airline the following day. However, I had disembarked and was in the terminal around 30-40 minutes before the flight I was due to be on pushed back. Would anyone know the likelihood of a successful claim?
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Old Jan 5, 2023, 2:32 am
  #35  
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That may be in scope for the rather longwinded case name, known as Germn Rodrguez Cachafeiro, Mara de los Reyes Martnez-Reboredo Varela-Villamor v. Iberia, Lneas Areas de Espaa SA, This was where some passengers were not allowed to make their connection when their inbound flight was late but they reached the gate in time for boarding. Now LHR is somewhat different in that conformance is applied at Flight Connections and that is set at a time that could be as much as 35 minutes. So you typically can't get to the gate in time for boarding and therefore you would need to have pretty detailed timings about doors open and when you got to Flight Connections to support a claim, there is a big difference between 40 minutes and 30 minutes here. I suspect BA put you on the very next flight to SYD then you may not have the strongest case on that basis (rebooked connections), and I am presuming they are blaming EDI airport for the jetty issue at EDI (delay of first flight). Clearly if the inflight briefing at EDI said something else that may also be important here.
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Old Jan 5, 2023, 10:12 am
  #36  
 
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Following CWS' advice to lodge a CEDR claim after a double cx & earlier re-scheduling back in Sept (thread here), BA have now responded to the CEDR claim again stating their position that it is only due 50% compensation. They have make no reference to the C-270/20 & C188/20 rulings I referenced in my claim - and refer only to the UK's "Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019".

Is there anything in particular I need to say in my response (prior to CEDR's judgement), given there isn't (yet) any precedence for the C-270/20 & C-188/20 rulings being respected under the UK regs? IANAL and don't want to end up accidentally setting precedent for UK folk in reverse!

CEDR Claim
Airline has confirmed compensation is due, but has stated they are entitled to reduce the amount by 50%. Seeking CEDR decision on whether European Court of Justice rulings in the cases C-270/20 and C-188/20 are relevant here, particularly paragraphs 88-94. These rulings show that half-rating compensation is not appropriate for a departure brought forward by 1 hour or more.

CJEU Press Release:
https://curia.europa.eu/jcms/upload/...cp210226en.pdf
BA Response
... flight details omitted for privacy ...
Article 7(2) of the Regulation stipulates that a carrier may reduce the amount of compensation by
50%:
When passengers are offered re-routing to their final destination on an alternative flight pursuant to
Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally
booked
(a) by two hours, in respect of all flights of 1500 kilometres or less
The distance from LHR to DUB is less than 1500km. As the Passenger was not delayed on arrival, but
instead was disrupted by arriving earlier, they are only entitled to 50% of the compensation amount i.e.
110.00.
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Old Jan 5, 2023, 10:35 am
  #37  
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I think what you are saying is clear and correct. I think there were some CEDR cases last year that did take account of these 2020 CJEU rulings - which are therefore not necessarily obligatory in UK law but could be so. I can't see it doing any damage, either CEDR recognises these CJEU cases or they don't. If the EU featured in any part of the travel it would be the case that your complaint can be ruled under local processes within the EU, and in which case the 2020 cases definitely applies. I doubt BA would want that to happen.
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Old Jan 5, 2023, 2:05 pm
  #38  
 
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Hi there. Strange one. Had a flight in Sep cancelled due to the French atc strike. I think that was the only one cancelled then. Got a text message today from flightclaim telling me I am eligible for compensation.

One, I'm not sure how they got my number. Two, I'd have thought the strike was outside of BA's control either way. Anyone else had prior experience?

Thanks in adv
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Old Jan 5, 2023, 5:40 pm
  #39  
 
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Originally Posted by Sigwx
Do put in your claim. Others affected that night have shown a quick and prompt acknowledgment and turnaround of payments.
Originally Posted by corporate-wage-slave
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.
Thank you both for encouragement. I have already received a reply informing me the compensation is on its way (1560.00 for 3 pax) but request for reimbursement was met with:

I'd like to inform you that we're not liable for any consequential loss a customer may have as a result of delay or cancellation. So I'm afraid we cannot reimburse the cost of your alternate flight expenses. I'd, therefore, suggest you to claim this through your travel insurance company.
Should I go straight to MCOL, or reply beforehand?
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Old Jan 6, 2023, 9:00 am
  #40  
 
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Originally Posted by TTmex
Hi there. Strange one. Had a flight in Sep cancelled due to the French atc strike. I think that was the only one cancelled then. Got a text message today from flightclaim telling me I am eligible for compensation.

One, I'm not sure how they got my number. Two, I'd have thought the strike was outside of BA's control either way. Anyone else had prior experience?

Thanks in adv
I've had a couple of texts from flightclaim as well regarding a September flight, I have absolutely no clue how they got my number.
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Old Jan 6, 2023, 9:31 am
  #41  
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Originally Posted by dupeedo
Should I go straight to MCOL, or reply beforehand?
Letter before action then MCOL, making it crystal clear that this is not consequential, or rather consequential on BA's failure to adhere to EC261.
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Old Jan 7, 2023, 12:49 pm
  #42  
 
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Is it normal for CEDR to miss their own deadline, without any communication? I have a number of claims now at CEDR and one of them required a further document from me, which I uploaded and it extended their deadline to 7th of Jan. This has now passed with no communication or messages from / on CEDR.
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Old Jan 7, 2023, 1:13 pm
  #43  
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There were a few cases of this towards the end of last year's thread. CEDR has seen its case load from BA more than double in the last year so they are struggling a bit. However I would expect you to hear some more in a few days, and it would not surprise me if they further extended their own timelines. They used to be pretty sharp about this, and expected airlines to meet the scheme's deadlines but that seems to have gone by the by of late.
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Old Jan 7, 2023, 3:24 pm
  #44  
 
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I did spot something in this very helpful thread which started compensation is for flights in and out of Europe but it also mentioned (I think!) Or European airlines. Do I have a claim on a 7 hour delay on a BA flight from St Kitts to Antigua?

Cheers!
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Old Jan 7, 2023, 4:21 pm
  #45  
 
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Originally Posted by Cazmantis
I did spot something in this very helpful thread which started compensation is for flights in and out of Europe but it also mentioned (I think!) Or European airlines. Do I have a claim on a 7 hour delay on a BA flight from St Kitts to Antigua?

Cheers!
First post, in the Wiki, point 4 suggests not
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