Go Back  FlyerTalk Forums > Miles&Points > Airlines and Mileage Programs > British Airways | Executive Club
Reload this Page >

The 2023 BA compensation thread: Your guide to Regulation EC261 / UK261

Old Jan 1, 2023, 11:31 am
FlyerTalk Forums Expert How-Tos and Guides
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
Print Wikipost

The 2023 BA compensation thread: Your guide to Regulation EC261 / UK261

Old Apr 14, 2023, 6:32 am
  #646  
 
Join Date: Oct 2018
Programs: BAEC Gold, Hilton Diamond, Avis PC
Posts: 267
Originally Posted by corporate-wage-slave
And I would agree that you may well have a claim. I think CEDR is ok here, since "all reasonable measures" doesn't appear to be demonstrated. This can be quite a high bar for an airline to overcome, but a key piece of evidence will be if other flights on the same route made it, particularly if they made it with delays under 3 hours, then it will be difficult to claim extraordinary circumstances.
Yes, indeed. In fact there were several other flights that took off similar time. E.g. DL311 scheduled 5 minutes before my flight, which took off 34 minutes after my flight schedule time, and managed to arrive at SFO only 11 minutes late, or UA523 that arrived 93 minutes late, or AS1022 which (almost identically to our flight) left the gate, diverted back to the gate, and then took off 3 hours later (presumably after refuelling and grabbing a change of crew..), arriving just under 3 hours late. The list goes on...
thomasd21 is offline  
Old Apr 14, 2023, 2:00 pm
  #647  
 
Join Date: Jul 2006
Location: Bloomsbury
Programs: BA Silver, AF Ivory
Posts: 2,222
Originally Posted by corporate-wage-slave
Is this a hypothetical question or relating to a specific event?
442 to AMS cancelled yesterday a few hours prior to flight. Accepted change to 444, heavily delayed landed AMS 11pm, original arrival 18.15 on 442.
dnajockey is offline  
Old Apr 14, 2023, 2:08 pm
  #648  
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: 65,009
Originally Posted by dnajockey
442 to AMS cancelled yesterday a few hours prior to flight. Accepted change to 444, heavily delayed landed AMS 11pm, original arrival 18.15 on 442.
Accepting a change is inevitable, you won't be able to fly otherwise, and that doesn't necessarily take you out of EC261. However the thing to watch here is that cancellation is different to delay and there's a difference in treatment. So the 1 hour / 2 hour margin for cancellation is based on scheduled time, not actual, whereas delay compensation is actual not scheduled. You haven't provided all the timings, but if BA444 was inside the 1 hour / 2 hour margin as scheduled then no compensation. Delay compensation kicks in after 3 hours from BA444 not BA442.
corporate-wage-slave is offline  
Old Apr 14, 2023, 2:11 pm
  #649  
 
Join Date: May 2019
Location: FL390 or the iron way
Programs: BA GGL, SAS EBG
Posts: 2,135
Originally Posted by corporate-wage-slave
Accepting a change is inevitable, you won't be able to fly otherwise, and that doesn't necessarily take you out of EC261. However the thing to watch here is that cancellation is different to delay and there's a difference in treatment. So the 1 hour / 2 hour margin for cancellation is based on scheduled time, not actual, whereas delay compensation is actual not scheduled. You haven't provided all the timings, but if BA444 was inside the 1 hour / 2 hour margin as scheduled then no compensation. Delay compensation kicks in after 3 hours from BA444 not BA442.
That doesn't seem right to me? If your flight is cancelled then the delay threshold is surely still determined with reference to the original booked arrival time. For a <14 day cancellation of course.
flarmip is offline  
Old Apr 14, 2023, 2:24 pm
  #650  
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: 65,009
Originally Posted by flarmip
That doesn't seem right to me? If your flight is cancelled then the delay threshold is surely still determined with reference to the original booked arrival time. For a <14 day cancellation of course.
I don't think it is right either, but it is the law. See article 5.1, where it clearly says scheduled. The basis of delay is on the re-booked arrival time, since at the point of travel your ticket won't have the old timing on it. The act of rebooking re-sets the ticket.
corporate-wage-slave is offline  
Old Apr 14, 2023, 2:26 pm
  #651  
 
Join Date: Jul 2006
Location: Bloomsbury
Programs: BA Silver, AF Ivory
Posts: 2,222
Thanks for the guidance, appreciated.
dnajockey is offline  
Old Apr 14, 2023, 4:36 pm
  #652  
 
Join Date: Dec 2012
Posts: 3,483
Originally Posted by Giorgiok86
Hi there,

I was on BA55 on 12th April. Captain said aircraft got hit by lightning on the incoming flight, so they had to go through many checks and paperwork that took well over 5 hours. We arrived 4 hours late at Johannesburg.
I have read somewhere that lightning strikes are not a valid excuse for airlines to avoid paying compensation.
Has BA loaded the correct reason for the delay?
Is there a way to check?

Many thanks.
It is correctly listed to reflect the Lightning strike damage and subsequent checks.
Giorgiok86 likes this.
Sigwx is offline  
Old Apr 14, 2023, 4:49 pm
  #653  
 
Join Date: Dec 2012
Posts: 3,483
Originally Posted by stephenjc
Can someone please let me know why BA5 (LHR-HND) on April 12th (landing April 13th JST) was delayed by several hours, as this had the knock-on effect of delaying our BA6 even before the volcanic eruption changed the flight path.
I'll need this as it meant we missed our connection to EDI, and had to stay the night in the Sofitel and get the 1st flight up this morning (sitting on flight waiting to depart now).

Cheers, Stephen.

BA 5 was delayed due to a couple of technical issues with the aircraft. As you are well aware your BA 6 then had to fly ‘the wrong way’ and tracked westbound due to the ash cloud emitting from volcano Sheveluch. The flight had a planned airborn time of 15:54 vs a total scheduled block time of 14:40. With 25 mins of taxi out time in HND and 8 mins on arrival at LHR, the rerouting of the flight would have meant a delayed arrival of around 1:45 regardless of any other factors.
Sigwx is offline  
Old Apr 15, 2023, 4:15 am
  #654  
 
Join Date: Oct 2018
Programs: BAEC Gold, Hilton Diamond, Avis PC
Posts: 267
Apologies as I feel that I should know this, but where do I find the best practice for CEDR that is often referred to on various threads on here?
thomasd21 is offline  
Old Apr 15, 2023, 5:56 am
  #655  
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: 65,009
Originally Posted by thomasd21
Apologies as I feel that I should know this, but where do I find the best practice for CEDR that is often referred to on various threads on here?
It is in the first few posts of this thread with some links to other relevant threads.
corporate-wage-slave is offline  
Old Apr 15, 2023, 10:34 am
  #656  
 
Join Date: Apr 2014
Programs: BAEC Gold
Posts: 397
Originally Posted by Sigwx
BA 5 was delayed due to a couple of technical issues with the aircraft. As you are well aware your BA 6 then had to fly ‘the wrong way’ and tracked westbound due to the ash cloud emitting from volcano Sheveluch. The flight had a planned airborn time of 15:54 vs a total scheduled block time of 14:40. With 25 mins of taxi out time in HND and 8 mins on arrival at LHR, the rerouting of the flight would have meant a delayed arrival of around 1:45 regardless of any other factors.
Thanks. My point though is that irrespective of having to fly the wrong way, we were going to miss our connection to EDI anyway. So, even if we'd flown the right way, we'd still have missed it and had to spend the night in LHR.
I'll log a claim for the hotel and UK261 compensation soon, although I expect BA to reject it, but we'll see.
stephenjc is offline  
Old Apr 15, 2023, 11:03 pm
  #657  
 
Join Date: Mar 2003
Location: Dorchester, Dorset UK
Programs: BA Gold, BMI, ANA, HH Blue, SPG Gold
Posts: 2,090
LGW to Lanzarote 15/4

I just met someone in the coffee room at the Gatwick bloc Hotel, who enquired whether I was one of the group whose flight was cancelled yesterday. She explained that they were due to fly to Lanzarote, and they found out the flight was cancelled by looking at TV in departure lounge,, they were told nothing apart from to find their own hotel, et cetera before the rearranged flight which was 10 o’clock this morning. There has been no mention of compensation, or repayment of expenses, so I advised her to do some online research and thought I would do the same.

I was surprised that a well-known airline by British Airways would apparently abandon their passengers in such a way, although apparently it was one of the new charter type Vuelling flights.
botham is offline  
Old Apr 15, 2023, 11:39 pm
  #658  
 
Join Date: Dec 2012
Posts: 3,483
Originally Posted by stephenjc
Thanks. My point though is that irrespective of having to fly the wrong way, we were going to miss our connection to EDI anyway. So, even if we'd flown the right way, we'd still have missed it and had to spend the night in LHR.
I'll log a claim for the hotel and UK261 compensation soon, although I expect BA to reject it, but we'll see.
Well you never know, they may agree to pay with minimal fuss. This is one though that I’d expect they’d reject and offer a defence for. That said they rigorously defend the indefensible as shown on this board, so one can only suppose that the opposite will equally be true, inconsistency is key it seems.
stephenjc likes this.

Last edited by Sigwx; Apr 15, 2023 at 11:51 pm
Sigwx is offline  
Old Apr 15, 2023, 11:44 pm
  #659  
 
Join Date: Dec 2012
Posts: 3,483
Originally Posted by botham
I just met someone in the coffee room at the Gatwick bloc Hotel, who enquired whether I was one of the group whose flight was cancelled yesterday. She explained that they were due to fly to Lanzarote, and they found out the flight was cancelled by looking at TV in departure lounge,, they were told nothing apart from to find their own hotel, et cetera before the rearranged flight which was 10 o’clock this morning. There has been no mention of compensation, or repayment of expenses, so I advised her to do some online research and thought I would do the same.

I was surprised that a well-known airline by British Airways would apparently abandon their passengers in such a way, although apparently it was one of the new charter type Vuelling flights.

Ba’s policy is that UK/EC261 will only ever be explained if the question is specifically asked. It is not to be offered freely other than by the mandatory signs on check-in desks et al.

The only ACE I see yesterday that was delayed overnight was actually euroflyer metal and caused by a well known issue internally. A lack of flight crew. It is the only direct entry command position I’ve ever heard of in BA…….and vacancies seemingly remain open. Given Easyjet pay more that situation won’t resolve itself overnight. This however is a debate for another place.
sayling likes this.
Sigwx is offline  
Old Apr 16, 2023, 2:02 am
  #660  
 
Join Date: Jul 2008
Programs: *A
Posts: 1,390
Any idea why BA55 tonight is delayed overnight?
What's the chance of changing to a flight tomorrow night? Would it remove eligibility for uk261 comp?
Thanks
​​​
sds1493 is offline  

Thread Tools
Search this Thread

Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.