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 21, 2023, 2:10 am
  #706  
 
Join Date: Jul 2018
Location: Mexico
Programs: BAEC Gold / SQ *A Gold / Marriott Titanium
Posts: 3,690
Originally Posted by corporate-wage-slave
You are the second person to ask this very recently (see posts 654, 655), so I'll see what I can do to highlight this better. Past experience suggests it won't work though! In the meantime you can look at post 1, point 35 and the linked post in point 35a.
Thanks CWS. my confusion came from this:

"Contents
Post 1 - this posting - a short summary, and a suggested process for claims
Post 2 - Duty of Care
Post 3 - Rights to compensation
Post 4 - Rights to reimbursement or re-routing
Post 5 - Downgrades
Post 6 - Complex ticketing.
Post 7 - Letter before action and other MCOL/CEDR general advice
Post 8 - Developments during 2019."

I got to Post 7 and the only info is about MCOL. Or am I missing something? Hope that clears up where I am coming from.

BW
thomasd21 likes this.
TTmex is online now  
Old Apr 21, 2023, 3:21 am
  #707  
 
Join Date: Aug 2016
Posts: 221
Thanks, I had not considered only a fraction of passengers actually submit a claim!
DelTroon is offline  
Old Apr 21, 2023, 3:29 am
  #708  
 
Join Date: Oct 2018
Programs: BAEC Gold, Hilton Diamond, Avis PC
Posts: 264
Originally Posted by TTmex
Thanks CWS. my confusion came from this:

"Contents
Post 1 - this posting - a short summary, and a suggested process for claims
Post 2 - Duty of Care
Post 3 - Rights to compensation
Post 4 - Rights to reimbursement or re-routing
Post 5 - Downgrades
Post 6 - Complex ticketing.
Post 7 - Letter before action and other MCOL/CEDR general advice
Post 8 - Developments during 2019."

I got to Post 7 and the only info is about MCOL. Or am I missing something? Hope that clears up where I am coming from.

BW
This was also my experience, hence I was one of the other recent posters. Perhaps I missed the linked posts (though I did find the ones recommended), but it does seem like perhaps CEDR is a gap in general across this (excellent) thread?
TTmex likes this.
thomasd21 is offline  
Old Apr 21, 2023, 5:09 am
  #709  
 
Join Date: Jul 2018
Location: Mexico
Programs: BAEC Gold / SQ *A Gold / Marriott Titanium
Posts: 3,690
Originally Posted by flarmip
The MCT at LHR is irrelevant because that only applies when booking flights. When actually making a connection, it's about the time actually required (which is likely less than the MCT) and whether you could have made it. Clearly if they are trying to argue that there were only 49 'qualifying' delay minutes then this is perhaps a moot point, but it's worth refuting anyway.

CEDR is really very simple, you fill out a long form giving all the details of the flight, your case history and what you're claiming for. The only bit where you have to write something is in your description of events. If you want to write more than what the form lets you (there's a character limit) you can attach it instead and write something like "see attachment XYZ". You'll also want to attach all relevant correspondence with BA, to show that you have waited 8 weeks and/or are in deadlock (received a 'final response').

I'll leave others to comment on the delay reasons but unless there is more to this than you know (e.g. if the 90 minute delay to BA243 wasn't purely for technical reasons), I don't see that they have great prospects of winning at CEDR. I would definitely lump in a claim for so-called "statutory" 8% interest, there's no harm in doing so - worst that can happen is it gets rejected.
I have a detailed list of the delay reasons, of which 90% of the time was within BA's control. The plane even sat for close to an hour near the end of the runway after a rejected takeoff due to technical reasons. I will file a letter before action over the weekend and then proceed to CEDR assuming they don't change their mind.
TTmex is online now  
Old Apr 21, 2023, 5:20 am
  #710  
 
Join Date: May 2019
Location: FL390 or the iron way
Programs: BA GGL
Posts: 1,927
Originally Posted by TTmex
I have a detailed list of the delay reasons, of which 90% of the time was within BA's control. The plane even sat for close to an hour near the end of the runway after a rejected takeoff due to technical reasons. I will file a letter before action over the weekend and then proceed to CEDR assuming they don't change their mind.
Great! No need to send a LBA before proceeding to CEDR and frankly there's no point. You would only do so before proceeding with a Court claim - and even then, it's a pure formality as BA almost never change their mind upon receipt of one. If they're inclined to roll over, they tend to do so just before the hearing, when an actual lawyer first looks at the case.
flarmip is offline  
Old Apr 21, 2023, 5:39 am
  #711  
 
Join Date: Jul 2018
Location: Mexico
Programs: BAEC Gold / SQ *A Gold / Marriott Titanium
Posts: 3,690
So should I just respond to CR team at BA and tell them that I am filing through CEDR? Don't I need a final decision letter to proceed to CEDR?
TTmex is online now  
Old Apr 21, 2023, 6:32 am
  #712  
 
Join Date: May 2019
Location: FL390 or the iron way
Programs: BA GGL
Posts: 1,927
Originally Posted by TTmex
So should I just respond to CR team at BA and tell them that I am filing through CEDR? Don't I need a final decision letter to proceed to CEDR?
No need to even let them know. They will be contacted by CEDR after you submit your case.

You need either a "deadlock"/final response or for 8 weeks to have passed from when your original claim was submitted. If you aren't there yet, you can send a very brief one-liner to BA asking them if they can confirm whether this is their final response. That should elicit a quick response that you can use to get the ball rolling with CEDR.
TTmex likes this.
flarmip is offline  
Old Apr 21, 2023, 7:40 am
  #713  
 
Join Date: Sep 2022
Programs: EB Skrpmetall, AY No Extra Bags for You, BA EU261/2004 Thread
Posts: 44
Welp, BA finally got back to me more than 90 days after travel/filing the claim. Such BS this iscompanies finding legal loopholes to delay processing of claims made in good faith, and effectively having CEDR post-process more and more claims. I wonder if lawmakers have any interest in tightening the EU261/UK261 regulation to make sure that companies cant try to get out of things as easily.

Were sorry it was necessary to delay your flight to London Heathrow on 05 January 2023 and understand why you needed to get in contact about this. We take all reasonable measures to avoid delaying a flight and well always consider if there are any alternative solutions available before we make a decision. We'd also like to thank you for your patience while we got back to you about this.Your claim's been refused because BA0845 on 05 January 2023 was delayed because of Restriction at destination.

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 delay was out of our control and caused unforeseen disruption to our schedule.​​​​​​
If this was the case, why didnt BA rebook us on a different carrier between LHR and LAX on the same day?

Seems like they are covering our other costs (Uber to Tesco and back, necessary toiletry items etc.). Good thing Ithanks to advice on this threadfiled a claim with CEDR after 8 weeks.

(Sorry, carry onjust venting my frustration here, while dealing with BAs excuses
AutismoSupremo is offline  
Old Apr 21, 2023, 7:50 am
  #714  
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: 64,444
That one really does look like a 2 second glance at the log, not understanding what it meant and declining compensation because it didn't make sense. For CEDR BA is obliged to spend more than a few seconds on each case.
AutismoSupremo likes this.
corporate-wage-slave is offline  
Old Apr 21, 2023, 9:52 am
  #715  
 
Join Date: Nov 2021
Programs: BAEC
Posts: 342
Originally Posted by AutismoSupremo
Welp, BA finally got back to me more than 90 days after travel/filing the claim. Such BS this iscompanies finding legal loopholes to delay processing of claims made in good faith, and effectively having CEDR post-process more and more claims. I wonder if lawmakers have any interest in tightening the EU261/UK261 regulation to make sure that companies cant try to get out of things as easily.



If this was the case, why didnt BA rebook us on a different carrier between LHR and LAX on the same day?

Seems like they are covering our other costs (Uber to Tesco and back, necessary toiletry items etc.). Good thing Ithanks to advice on this threadfiled a claim with CEDR after 8 weeks.

(Sorry, carry onjust venting my frustration here, while dealing with BAs excuses
Isn't that precisely what CEDR/MCOL remedy routes are for?
sayling is offline  
Old Apr 21, 2023, 10:43 am
  #716  
 
Join Date: Sep 2022
Programs: EB Skrpmetall, AY No Extra Bags for You, BA EU261/2004 Thread
Posts: 44
Originally Posted by sayling
Isn't that precisely what CEDR/MCOL remedy routes are for?
True, but surely remedy routes being flooded with complaints, further delaying compensation where it is actually due, reveals that BA is not interested in rectifying the method and the timeline they handle complaints. To me it seems they just want to wear out customersmost of whom probably will not bother to go to CEDR and MCOL with their complaints.
AutismoSupremo is offline  
Old Apr 21, 2023, 10:50 am
  #717  
 
Join Date: Nov 2021
Programs: BAEC
Posts: 342
Originally Posted by AutismoSupremo
True, but surely remedy routes being flooded with complaints, further delaying compensation where it is actually due, reveals that BA is not interested in rectifying the method and the timeline they handle complaints. To me it seems they just want to wear out customersmost of whom probably will not bother to go to CEDR and MCOL with their complaints.
I assume it won't be just BA, but then it's down to CEDR to raise the issue to seek more punitive powers - I guess MPs would be the ones that need to have the issue brought to their attention. Seems little point in raising it with CEDR or BA
sayling is offline  
Old Apr 21, 2023, 11:38 am
  #718  
 
Join Date: Nov 2004
Location: London
Programs: BA, UA, AA
Posts: 20
TripIt sent me an alert that a flight from last year might be worth chasing for EU 261. They encouraged me to use their partner AirHelp.
It was BA 295 LHR-ORD on 30 July 2022. The delay was about 5 hours. After the flight I emailed BA but they said it was a lighting strike on the inbound aircraft and mandatory inspections had to be carried out.
We exchanged a few emails, but I haven't take any further steps. Should I? Is "lightning strike on inbound" a common catch all category or does that really absolve them from paying out?
Could someone with a premium subscription to Flightradar24 or Flightaware help me find out more information about the inbound, please?
zerovector is offline  
Old Apr 21, 2023, 11:59 am
  #719  
 
Join Date: Apr 2015
Location: US/UK - and elsewhere
Programs: BA Gold
Posts: 2,608
BA228 (BWI-LHR), cancelled again.... and again....

BA228 (BWI-LHR), cancelled again... and again... . After an annoying BA228 cancellation 4 weeks ago, BA228 has been cancelled again for tonight and... for tomorrow night (which I was booked on). Have been booked via the BA292 from IAD which would give me a 2 hour connection at LHR onto VIE, however, I've been bumped from that flight onto the 15:50 which gets me into VIE (5 mins shy of) 3 hours late (they couldn't rebook me onto the 13:00 flight since it was sold out - despite me being on that flight originally). This was all (unfortunately) booked through a TA with AA, so what are the chances of any comp?
CKBA is offline  
Old Apr 21, 2023, 12:24 pm
  #720  
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: 64,444
Originally Posted by zerovector
TripIt sent me an alert that a flight from last year might be worth chasing for EU 261. They encouraged me to use their partner AirHelp.
It was BA 295 LHR-ORD on 30 July 2022. The delay was about 5 hours. After the flight I emailed BA but they said it was a lighting strike on the inbound aircraft and mandatory inspections had to be carried out.
We exchanged a few emails, but I haven't take any further steps. Should I? Is "lightning strike on inbound" a common catch all category or does that really absolve them from paying out?
Could someone with a premium subscription to Flightradar24 or Flightaware help me find out more information about the inbound, please?
What did the Flight Deck say in their pre-flight briefing?
Broadly speaking lightning strikes do create circumstances for extraordinary circumstances, however what BA does about it is under their control. The checks do take a few hours, 5 hours seems within that margin particularly if the aircraft manufacturer had to be contacted. What you can do is still push for CEDR, where someone else will have a look at the timings and reach a judgement about "all reasonable measures".
corporate-wage-slave 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.