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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 Mar 22, 2023, 9:32 pm
  #511  
 
Join Date: Sep 2021
Location: LAS
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This relates to an AF flight but wanted to ask here as previous advice here was very helpful.

I had a flight from DUB-CDG last month that was announced with a delay the night prior--causing me to miss an onward connection to LAX and I was rebooked for another flight later that day.

No reason given in the initial email, at check-in or over the PA system during the flight as to the delay.

I filed an EU261 claim with AF which was denied as it was "delayed due to airtraffic control." When I pulled up the flight on EF, no remarks were given (I should have taken a screenshot...). No strikes that day in France and other flights out of DUB early that morning were running as normal.

Does anyone with experience with AF + EU 261 have any advice on next steps?
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Old Mar 23, 2023, 2:09 am
  #512  
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Sounds very reasonable that the flight was rescheduled due to ATC limitations at CDG/France (which you would hear of in the same way as ATC strikes etc). I doubt you will get very far with this one. Maybe just move on?
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Old Mar 23, 2023, 2:18 am
  #513  
 
Join Date: Nov 2004
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Originally Posted by sayling
The Deputy District Judge also ordered the same in my case on 28th January - perhaps you'll receive a similar 'BT Meet Me' order soon!
I appear to be following in your footsteps, just several weeks behind.
My case was also routed to Uxbridge rather than my local County Court, however if it is planned to be a 'BT Meet Me' hearing, there is no inconvenience caused.
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Old Mar 23, 2023, 3:37 am
  #514  
 
Join Date: Nov 2017
Location: England
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Originally Posted by Yetak
Just to prove the system works - or maybe just first timers luck !

So Flew -12th March
Claim Submitted -14th March
Confirmation Email from BA Claim Approved -17th March (payment promised within 14 days).

In the end I claimed for mine and my friends EC261 as it was straightforward on the online form its just the same as check in online for some one else on the same booking you just have to tick that you have their authority. Which I restated in my very brief reason for the claim.
Both sets of 220 hit my account today - 11 days after flying , 8 days after claiming. Do I win a prize ?
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Old Mar 23, 2023, 4:40 am
  #515  
 
Join Date: Dec 2012
Posts: 3,453
Originally Posted by Yetak
Both sets of 220 hit my account today - 11 days after flying , 8 days after claiming. Do I win a prize ?
Hopefully it demonstrates a change of mindset for single point irrefutable delay causes such as TD delays. Hopefully itll spread to all ZE delays and ZR too. Aircraft damage still seems to cause issues.

Multiple cause delays are a little more challenging, but with enough data gathered at the time the nonsensical reasons for rejection can be successfully overturned.
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Old Mar 24, 2023, 4:33 am
  #516  
 
Join Date: Jan 2023
Location: Highlands
Programs: MSC Diamond, BAEC Blue
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Sadly my claim was refused, received email at 04.45 today"An update from British Airways

We'd also like to thank you for your patience while we got back to you about this.

We’re sorry it was necessary to cancel your flight to Linate on 22 January 2023 and understand why you needed to get in contact about this. We take all reasonable measures to avoid cancelling a flight and we’ll always consider if there are any alternative solutions available before we make a decision.

Your claim's been refused because BA0568 on 22 January 2023 was cancelled because of adverse weather conditions.

London Heathrow is an extremely busy airport, which operates to 99.5% capacity. Even minimal disruption can result in significant disruption to our operation. When Air Traffic Control impose restrictions, delays and cancellations are inevitable.

The most common reason for disruption at London Heathrow is weather. The types of weather that have the biggest impact on airline operations are thunderstorms, fog, ice, snow and strong winds (both on the ground and on approach to the airport). When London Heathrow is affected by adverse weather, Air Traffic Control reduce the number of flight departures and arrivals. Ground operations are also affected due to poor visibility and other safety issues. This results in delays and cancellations.

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

BA0570:

We’re sorry it was necessary to delay your flight to Linate on 22 January 2023 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.

I’ve checked the details of your flight and can confirm your flight, BA0570, at 18:35was delayed for 132 minutes. I’ve included the details below for your reference.

Flight BA0570 from London to Linate.
Scheduled departure date and time: 22-JAN-2023 18:35 GMT
Actual departure date and time: 22-JAN-2023 20:25 GMT
Scheduled arrival date and time: 22-JAN-2023 20:30 GMT
Actual arrival date and time: 22-JAN-2023 22:42 GMT
Total delay: 132 minutes

Since your flight wasn’t delayed in arriving by three hours or more, your claim for compensation under The Air Passenger Rights and Air Travel Organisers’ Licencing Regulations 2019 has been refused.

Thanks again for following this up with us. Please feel free to contact us if we can help you any further and I hope we have the chance to welcome you on board again soon."
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Old Mar 24, 2023, 5:08 am
  #517  
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Originally Posted by Lovecruising
Sadly my claim was refused, received email at 04.45 today"An update from British Airways
I think this was anticipated, given the replies to your previous posts. So it's also remains the case that your only comeback on this is if you can identify things BA could or should have done to minimise the delay to you, and that's going to be tricky given that the replacement service was not 3 hours late.
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Old Mar 24, 2023, 5:20 am
  #518  
 
Join Date: Jan 2023
Location: Highlands
Programs: MSC Diamond, BAEC Blue
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Originally Posted by corporate-wage-slave
I think this was anticipated, given the replies to your previous posts. So it's also remains the case that your only comeback on this is if you can identify things BA could or should have done to minimise the delay to you, and that's going to be tricky given that the replacement service was not 3 hours late.
Yes I thought this would be their answer but it still annoys me that they had flights flying to other airports in Europe etc so it wasn't a total shut down of the airport. Yes I am glad I finally got to Milan that night but BA didn't do anything to minimise the delay, so that meant I was nearly 6 hours late arriving at my destination due to them cancelling my earlier flight.

Och well nevermind, in future I will perhaps check out other airlines and airports rather than my go to choice of INV and BA and CE.
Thanks to everyone who offered their expertise here, heck BA never even offered Avios to make the refusal any easier to take
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Old Mar 24, 2023, 9:43 am
  #519  
 
Join Date: Nov 2013
Location: Glasgow
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Some guidance please: booked flight was LHR to GLA in economy, took advantage of upgraded offer for 89 to be in Club Europe. Flight was cancelled, and told to make own way to LCY for alternative flight to GLA, but in Euro Traveller. Expenses have been pad for taxi and refreshments, but EC261 claim was declined, as original cancellation was due to weather. Apparently.
The EC261 claim was actually for the downgrade, rather than the cancellation. Is it worth pursuing, do I have a case ?
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Old Mar 24, 2023, 10:34 am
  #520  
 
Join Date: Dec 2012
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Originally Posted by chris1922Mk2
Some guidance please: booked flight was LHR to GLA in economy, took advantage of upgraded offer for 89 to be in Club Europe. Flight was cancelled, and told to make own way to LCY for alternative flight to GLA, but in Euro Traveller. Expenses have been pad for taxi and refreshments, but EC261 claim was declined, as original cancellation was due to weather. Apparently.
The EC261 claim was actually for the downgrade, rather than the cancellation. Is it worth pursuing, do I have a case ?
Given it was an AUP Id certainly have thought so. Whether they handle this in the same way as paid seat allocation refund or via mennins I am unsure. I would certainly reply to make that point.
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Old Mar 24, 2023, 10:58 am
  #521  
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Originally Posted by chris1922Mk2
The EC261 claim was actually for the downgrade, rather than the cancellation. Is it worth pursuing, do I have a case ?
Yes, and consider MCOL on that one, but CEDR should work too. I see this as covered by Mennens, you were placed in a cabin below the one for which you paid.
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corporate-wage-slave is online now  
Old Mar 24, 2023, 11:28 am
  #522  
 
Join Date: Nov 2021
Programs: BAEC
Posts: 357
Originally Posted by chris1922Mk2
The EC261 claim was actually for the downgrade, rather than the cancellation. Is it worth pursuing, do I have a case ?
Bear in mind that the sum you're talking about getting reimbursed for is 30% of the price of the single leg, not including government taxes (ie arguably the airline surcharges can be included, but BA will likely fight their inclusion in the calculation), for a flight from London to Glasgow
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Old Mar 24, 2023, 2:27 pm
  #523  
 
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Originally Posted by flarmip
Even if CEDR accept that the delay was due to jet bridge damage, this doesn't affect your entitlement to compensation. In the near identical case of Siewert v Condor (damage caused by mobile boarding stairs), the ECJ held that such occurrences were within the inherent activity of the carrier, i.e. part and parcel of normal operations, and thus don't meet the "exceptional circumstances" test.

It's difficult to come up with any other explanation than that BA are chancing their arm here, as Siewert is one of the key pieces of EU261 case law and any claims handler worth their salt will be aware of it.

Should BA retract the jetbridge explanation, the warning light investigation also fails to meet the "exceptional circumstances" test. It's a bog-standard technical fault, again subject to plenty of case law establishing that such issues don't exempt the carrier from paying compensation.
​​​​​
Originally Posted by corporate-wage-slave
I would pursue via CEDR, it is very rare that BA changes their initial response, even if they are clearly wrong. It has happened, but so rarely, that they have actually done you a favour by swiftly saying their answer will not change. MCOL is your other option. But ZY isn't the same as TCHY or similar, unfortunately. This is a 2 letter dispatch code, and the Y does not mean in this circumstance Y to EC261.
FAQ : Reason for flight delay or cancellation - 2023 edition
Thanks to you both, my claim was finally accepted and payment should be made within 20 days, they've said.

Flight delay: late October 2022
Contacted BA: Nov 3 with a few follow ups. No response.
Filed with CEDR: end of Dec. 2022 at 8 week mark. Accepted as in scope
Feb 23, 2023: BA replies to me directly saying that the delay was caused by a jet bridge hitting plane (different than the explanation given at the time). Added additional information (thanks to [MENTION=10052160]flarmip[/MENTION]) to CEDR claim.
March 24: BA accepts claim (520) and payment to be made within 20 days

Thanks to all for the help. I doubt I would have been successful without the advice I received here. Now let's see if they actually pay.
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Old Mar 24, 2023, 2:33 pm
  #524  
 
Join Date: May 2019
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Originally Posted by Finkface
Thanks to you both, my claim was finally accepted and payment should be made within 20 days, they've said.

Flight delay: late October 2022
Contacted BA: Nov 3 with a few follow ups. No response.
Filed with CEDR: end of Dec. 2022 at 8 week mark. Accepted as in scope
Feb 23, 2023: BA replies to me directly saying that the delay was caused by a jet bridge hitting plane (different than the explanation given at the time). Added additional information (thanks to [MENTION=10052160]flarmip[/MENTION]) sent to CEDR
March 24: BA accepts claim (520) and payment to be made within 20 days

Thanks to all for the help. I doubt I would have been successful without the advice I received here. Now let's see if they actually pay.
A jetbridge hitting the plane is essentially indistinguishable from the Siewert case, which involved the collision of mobile boarding stairs with the aircraft. They really were chancing their arm trying to use that as a defence!

In my experience you will get paid once they accept your claim, but it can take 1-2 weeks depending on whether they send you a cheque or bank transfer. It seems totally random which they go for, even if you've provided your bank details!
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Old Mar 24, 2023, 4:11 pm
  #525  
 
Join Date: Apr 2006
Location: Dublin, Ireland
Programs: BA Gold, Mucci
Posts: 2,122
Can anyone tell me why BA0451 from PMI to LHR is cancelled on 26 March?

I have friends on the flight and they were put on a flight going out on the 27th instead, which to me says they're eligible for €250 each.
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