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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 Apr 6, 2023, 1:36 pm
  #601  
 
Join Date: Apr 2023
Posts: 12
Thank you all for your considered replies.

I think we will park it there and not pursue.
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Old Apr 6, 2023, 2:32 pm
  #602  
 
Join Date: May 2009
Location: UK
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Originally Posted by flarmip
The statute of limitations, basically - i.e. if you took the matter to Court, you'd have to submit your claim form within 6 years of the flight.
Oh really, for non EU261 claims (issues), good to know, I was assuming it would be something like 90 days
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Old Apr 6, 2023, 2:34 pm
  #603  
 
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Originally Posted by pazza2000
Oh really, for non EU261 claims (issues), good to know, I was assuming it would be something like 90 days
It's the same for both types of claims. Some carriers purport to impose a stricter time limit but I'm not convinced that such a limit would be held as binding, and in any event, BA doesn't try to do so. The biggest issue with waiting years is that you might forget details and so may struggle to rebut anything that BA may say.
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Old Apr 6, 2023, 4:11 pm
  #604  
 
Join Date: Nov 2004
Programs: BA Gold, Marriott Titanium
Posts: 580
I recently submitted a successful CEDR claim for a delayed flight >4 years ago. I only did so because of BA's awful record on 5 more recent claims, all of which were ultimately successful, bar one, which has gone to MCOL for resolution.
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Old Apr 6, 2023, 4:54 pm
  #605  
 
Join Date: Feb 2009
Location: YYC
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I'd like to ask a question about future options, if I may indulge the knowledgeable people here about a non-BA flight. I'm asking here because oft the depth of experience about 261.

I have a flight booked from BCN to YYC and the airline (not BA) is facing a potential pilots strike when my flight is scheduled. I know from reading the previous years thread that a strike of an airlines employees is not considered extraordinary circumstances and there is a duty of care, but what would my options be for getting home? Would I have to wait for the airline to rebook me ( they currently only fly that route twice a week) or can I book something myself on a different airline to get myself home quicker and submit receipts? I'm doubtful the airline could accommodate a whole plane load of people on the next flight, as this route already operates their largest aircraft.

This doesn't touch the UK, so CDER or MCOL isn't an option, I'm assuming small claims court in Canada is the only option if the airline doesn't pay up - and hopefully they recognize EU law, as I know it will apply to an EU departure. It would be not worth the effort to have to sue them in a Spanish court.
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Old Apr 6, 2023, 5:03 pm
  #606  
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If a flight is cancelled then the airline concerned needs to rebook you either on the next service or on a later service with available seats, the passenger can decide. Or to offer a refund. Generally airlines are OK with the refund idea and this may be a pragmatic way to resolve the situation. If you definitely don't want the refund, but the airline is unable to rebook, then yes you have the option of buying a replacement service then taking the airline to court to recover any losses. Depending on the jurisdiction this may not be easy or with a guaranteed outcome. Your travel insurers may have some provision for this too.
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Old Apr 6, 2023, 5:12 pm
  #607  
 
Join Date: Feb 2009
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Thanks very much C-W-S, I always appreciate your input!

Would the airline ( Westjet) be able/required to rebook me on another airline, or is my only option to be on their metal?
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Old Apr 7, 2023, 5:33 pm
  #608  
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I had two claims pending with BA - one a delay claim from early January, the second a delayed/damaged luggage claim from March.

Received two emails from two different BA reps this morning, the first denying the cancel delay claim but offering $150 vouchers as a cs gesture, the second agreeing to pay $1,732.65 x2 (i.e., $3,465.30 total) for the baggage claim.

Net/net I'm calling this a win.
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Old Apr 7, 2023, 9:33 pm
  #609  
 
Join Date: Sep 2022
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Originally Posted by AutismoSupremo
Finally filed our CEDR claim yesterday.
CEDR deadline is long gone, but haven't heard a single peep from them. Does this simply mean that they are running behind, and haven't bothered to let me know?
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Old Apr 8, 2023, 1:04 am
  #610  
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Yes, we know CEDR is overloaded with BA complaints at the moment. If BA doesn't process claims within 8 weeks many of them will end up at CEDR simply due to a lack of any response. It probably adds to BA's total workload as well since 10 second responses don't work, but at least with CEDR you have some sort of complaint tracking, which is the one aspect missing from BA's Customer Relations.
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Old Apr 8, 2023, 9:44 am
  #611  
 
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Theres always something quite soothing for me in filing a small claims court action against an airline.

I have funny ways of spending the 4 day weekend.

So BA have a deadline of 2nd (or maybe 16th) May to respond to my claim. Not sure if Id be happier with them just paying up or having the intellectual stimulation of the case proceeding
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Old Apr 9, 2023, 5:48 am
  #612  
 
Join Date: Jan 2009
Location: Northumberland, UK
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Help needed please

Im currently in Orlando due to fly MCO-LGW (BA2038) tonight but the flight is delayed by 3h 20 mins meaning I will miss my LHR-NCL flight tomorrow lunchtime and will have to wait til the flight tomorrow evening. I will eventually get to NCL 7 hours later than scheduled.
If I get onto the earlier MCO-LGW flight (BA2036) I will be able to connect to my original NCL flight. Ive just spoken to BA who say because the MCO-LGW flight is delayed by less than 5 hours they will not book me onto the BA2036. I tried to explain that due to the 7 hour delay in arrival to my final destination I would be entitled to compensation and it wasnt the delay to the earlier flight that was relevant but they were adamant they could not help. Im on hold again to try to speak to another agent but wondered if anyone had any advice as to how to approach this by phone?
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Old Apr 9, 2023, 6:10 am
  #613  
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The agent is sticking to policy here, though I'm not sure if the agent has taken into account the delay into NCL. Either way it would not surprise me if the next agent will say something similar, your best bet would be to ask "Would you be able to speak to your supervisor to get a policy exception?". In a sense I can appreciate why they are reluctant to change, the delay may come forward and you would perhaps make the NCL service. But if not, and you are delayed, and if it's not extraordinary circumstance (make sure you listen very carefully to the flight deck's briefing) then I'm sure you will find a use for the compensation.
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Old Apr 9, 2023, 6:28 am
  #614  
 
Join Date: Jan 2009
Location: Northumberland, UK
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Thanks C-W-S. Both of the arriving flights into MCO (and the TPA) flight are delayed today. I did wonder if there was a weather delay but I dont seem to have missed any snow! I think Ill struggle to get to LHR in time for the 1400 departure as Im currently not due to land in LGW til 13.30 but yes you are right Im sure I will be able to find a use for the compensation!
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Old Apr 10, 2023, 6:36 am
  #615  
 
Join Date: Jan 2009
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Originally Posted by redsailor
Thanks C-W-S. Both of the arriving flights into MCO (and the TPA) flight are delayed today. I did wonder if there was a weather delay but I dont seem to have missed any snow! I think Ill struggle to get to LHR in time for the 1400 departure as Im currently not due to land in LGW til 13.30 but yes you are right Im sure I will be able to find a use for the compensation!
i arrived too late to make the 1400 flight to NCL so rather than wait for the the 2050 flight Ive decided to take the train up north. Can I cancel my LHR-NCL flight and get a refund for that portion or alternatively move it to a later date? From reading the first few posts of this thread I think both options are possible?
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