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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 24, 2023, 12:49 pm
  #736  
 
Join Date: Oct 2018
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Originally Posted by zerovector
We boarded on time. Pre-flight, the Captain said something along the lines of: they found an external sensor was faulty and they didn't know how long it would take to fix. He gave updates about every hour and in the end he said they removed the sensor to get us going.
The Captain never said lighting strike, but it is consistent with BA's response. If the plane had just arrived, then I can accept the extraordinary circumstances argument.
Is anyone able to find out when the plane arrived? Although I'm not certain, I seem to remember that it came from SFO the day before. I would feel very confident going to CEDR if I knew that the plane sat on the ground overnight and BA hadn't fixed it (or swapped aircraft) when they had the opportunity.
BA 295 LHR-ORD 2022-07-30
I doubt many will be able to find when it landed. But in truth its detail you dont need. Youve got more than enough grounds for a claim here, just go for it
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Old Apr 24, 2023, 2:08 pm
  #737  
 
Join Date: Sep 2001
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Originally Posted by KARFA
LH has a mechanism to refund seat fees, like BA, in these kinds of situations. This would be a refund of what was paid for the FRA-SIN seats, but not a claim for the 85. I don't see that trying to pursue it under EC261 is actually of any use.

https://www.lufthansa.com/ge/en/seat-reservation
I quoted this link in my reply to them and I just got the standard boilerplate response back.

The EC261 claim I purposely did separately as no where in their comms to me did it mention adverse weather and the BA flight travelled to FRA between two cancelled Lufthansa flights. It can't be that hard to add the reason to the text or email. Especially adverse weather if it's their get out of jail free card.
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Old Apr 24, 2023, 2:11 pm
  #738  
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I don't see weather is relevant to the seat refund issue. It seems clear from their own policy as shown on that linked page that you are due a refund on any seat fees you paid for the original seats - this is not a claim for 85 tho.
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Old Apr 24, 2023, 2:27 pm
  #739  
 
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Originally Posted by corporate-wage-slave
Lufthansa's approach to EC261 makes BA look angelic, but Right to Care always applies, even if delay payment is not. It's not clear exactly what happen but it look like the LHR-FRA section which was affected. You may still be able to claim delay compensation if there were other airlines such as BA with space (admittedly not easy to Australia) and LH didn't rebook you on that alternative service. But that's likely to be an MCOL case and will require some work to be successful. But Right to Care always applies, so you could consider MCOL anyway. The alternative is the German ADR entity, sp, which works like CEDR (perhaps more independently).

Seat reservation will not be part of EC261. But if you feel you are heading to MCOL you could make one submission with all components (Right to Care, Seat fee, delay compensation) and see which bits LH is prepared to fight.
Oh my! This was my first long haul experience of LH. I only had one short experience prior to that and it was fine. To be fair, the return leg from SIN to MUN on their A350 was fine - again we had extra leg room seats. Even the food was fine and the transfer at MUN was so seamless. Shame I couldn't get a flight back to LCY! But it was the first time we've done a long haul and took the Elizabeth line all the way home.

But the fights are different from the claims process. I will try a couple more emails with the last one warning that I will go down the MCOL route if I don't get my money back at least for the seats and taxi. Thanks for your help!
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Old Apr 25, 2023, 6:15 am
  #740  
 
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A quick question and hope the answer is simple. I'm filling out CEDR forms online. In the flight details which flight do I add? The reason I ask is I'm claiming on BA242 from MEX-LHR being 2 hours late, but the claim comes from this causing me to miss my connection and thus not arrive in BRU until over 5 hours after. It only provides a box for one flight number and asks about the doors open time etc.

Any advice greatly appreciated
Thanks
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Old Apr 25, 2023, 6:37 am
  #741  
 
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Originally Posted by TTmex
A quick question and hope the answer is simple. I'm filling out CEDR forms online. In the flight details which flight do I add? The reason I ask is I'm claiming on BA242 from MEX-LHR being 2 hours late, but the claim comes from this causing me to miss my connection and thus not arrive in BRU until over 5 hours after. It only provides a box for one flight number and asks about the doors open time etc.

Any advice greatly appreciated
Thanks
When Ive done this in the past Ive used the final sector details, and provided journey details in the narrative section.
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Old Apr 25, 2023, 8:52 am
  #742  
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Yes, put the full trip in the narrative box but so long as the PNR is correct, BA will respond with the whole trip in mind. The ticket number should also be included if it's not a BA issued PNR.
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Old Apr 26, 2023, 10:13 am
  #743  
 
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Could you explain this reply from CEDR? I thought that if they accepted my claim, then BA has to agree to the CEDR decision.

On 14-Feb-2023, CEDR received an application for adjudication that has passed the initial case intake stage. In accordance with the Rules, British Airways (including BA City Flyer) has 15 working days to:
  • Settle the dispute with the customer via this platform (in full or in part)
  • Object to the adjudication on grounds of eligibility
  • Submit a written Defence response to the claim
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Old Apr 26, 2023, 10:19 am
  #744  
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Well they have to agree to the decision, but I don't see that one has been made yet? It seems CEDR has accepted the case and simply said it is BA' opportunity to put forward their defence, or claim it is not eligible for the CEDR process, or settle.
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Old Apr 26, 2023, 12:45 pm
  #745  
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Originally Posted by lattegirl13
Could you explain this reply from CEDR? I thought that if they accepted my claim, then BA has to agree to the CEDR decision.
That's just a normal status update. A large number of complaints get thrown out in the initial screen for various reasons, this simply says it's now over to BA to defend their position and once that's in, then the adjudicator can get to work. It's one of the reasons for recommending CEDR, in that unlike BA's Customer Relations you get a bit more visibility on progress. It would be more surprising if you did not get this update. The CEDR website explains this in a lot of detail.
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Old Apr 26, 2023, 4:35 pm
  #746  
 
Join Date: Sep 2022
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This is turning into such a mess. I dont understand how difficult it can be to get BA to reimburse for the delay in a timely fashion.

I had gotten a call from a +44 number before 6 AM this morning as well as a follow-up e-mail by a member of BAs Premium Escalations Team (what a load of bollocks) with a white British name rather than the Indian names in earlier correspondence. They are still claiming that responsibility is not theirs, but Heathrows due to an operational situation. They are also very conveniently ignoring all of my arguments. So I cant get my head around why they consider only the first flight (DUB-LHR) in the itinerary being meaningful when (despite a 60-90 minute delay) we could have still made it to our destination, had we been booked with another airline without too long of a delay.

I just dont see how BA thinks they will turn occasional customers into loyal customers when just getting the reimbursement has now taken 3.5 monthsbefore CEDR has even gotten to the case. And yes, this is frustration talking.
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Old Apr 26, 2023, 5:43 pm
  #747  
 
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Could someone help me unpack this one, as I am sure that BA will reject parts of it, due to weather having a part to play. BA ticket stock, so would want to make the sensible claim
AA 164 SFO - JFK (arrived one hour late), Misconnect.
BA 172 - misconnection and rebooked onto BA114 (same class of travel). Still a legal connection with BA 834 LHR/DUB (9.30 arrival to 10.40 flight - tight but legal, with 12.10 arrival into DUB)
Due to ATC BA114 was 81 mins delayed, arriving at 10.58 causing an obvious misconnect
Onboard I was shown the note from BA that I had been rebooked onto EI163 departing at 13.25 arriving at 14.50 - also showed in the app. Connecting from T5 to T2 - legal connection
On landing was rebooked by BA onto BA 824 departing at 17.35 (!) - i.e. some change in the booking.
Flight connections rebooked me from BA onto EI 167 departing at 1550 (arriving 18.10) stating that this was the first EI flight - unfortunately I did not fully check that there were three flights before that time that according to the EI app all had space and I could be rebooked onto (I know, but I was tired, and distracted by my bag still being at JFK)

I am not exactly sure how to unpack this.
- Does weather/ATC not play a part because AA 164 was delayed and I would have missed BA172 anyway, so the fact that BA114 was delay not material
- Does weather/ATC play a part because I would have possibly made the connection from BA114, and delayed due to factors outside BAs control
- Does EC261 come into play as BA did not book me on the first available flight thereby placing me later than a should have been at my destination so my claim is the 3 or so hours from EI163 to EI167

Or is it all too hard due to all the different aspects.

Thanks,

KF
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Old Apr 27, 2023, 4:30 am
  #748  
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Originally Posted by Koru Flyer
- Does weather/ATC not play a part because AA 164 was delayed and I would have missed BA172 anyway, so the fact that BA114 was delay not material
- Does weather/ATC play a part because I would have possibly made the connection from BA114, and delayed due to factors outside BAs control
- Does EC261 come into play as BA did not book me on the first available flight thereby placing me later than a should have been at my destination so my claim is the 3 or so hours from EI163 to EI167
This is probably a good example about how multiple events can conspire together, and EC261 isn't always written with that in mind. Right to care surely applies, so I hope that food and drink, for example, wasn't an issue here. My reading of this is that weater / ATC will stop you claiming delay compensation. Rebooking indeed does need to be on the next available flight, and that would probably have happened if you pushed the point a bit more. By all means reach out in this forum for help looking things up, there is usually someone online who can help you with that. I'm omitting a complex argument regarding use of Other Airlines here since that doesn't appear relevant here. There isn't, however, a direct penalty to the airline if they don't book on the next available flight, the nearest is LE versus TAP, but there was a much long wait, overnight, and alternative services that would have avoided that, whereas you were able to arrive the same day (and BA was happy to rebook on Aer Lingus). So I don't think this is going any further on the EC261 side.
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Old Apr 27, 2023, 8:47 am
  #749  
 
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Not having much luck this year. BA have cancelled the 202 BOS-LHR on 14 May. They’re offering flights early in the morning or the next day. Neither are good. Can I ask to route through New York or another NA gateway. I don’t mind the connection on an evening flight.
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Old Apr 27, 2023, 8:53 am
  #750  
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yes that should be fine to do
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