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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 27, 2023, 9:49 am
  #751  
 
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Iíve just realised that my claims and complaint have now passed the 8 weeks mark.

Should I notify BA that I am escalating?

The last holding email I got was 25th March, claims submitted 22nd February.

This is the first time Iíve had to do this so a bit unsure of the best way to proceed. I need to read up on the process as I had hoped BA would have resolved before I had to escalate.

I did notice both BA and BA holidays are listed on the CEDR website, do I just select BA even though my complaint relates to BA holidays? The compensation is just BA I assume?

Last edited by Emma Heady; Apr 27, 2023 at 10:46 am
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Old Apr 27, 2023, 10:04 am
  #752  
 
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Please donít lash at me. It is OT but at least IAG related.

I purchased an extra comfort seat on a Vueling flight from Italy to Spain. My extra seat ended up being occupied by someone else, probably because the flight was oversold and the airport staff might have thought the seat was free.

Vueling have denied that the seat was occupied and I have a final answer for them.

What routes do I have available to escalate this further?
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Old Apr 27, 2023, 10:15 am
  #753  
 
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Originally Posted by ringingup
Please donít lash at me. It is OT but at least IAG related.

I purchased an extra comfort seat on a Vueling flight from Italy to Spain. My extra seat ended up being occupied by someone else, probably because the flight was oversold and the airport staff might have thought the seat was free.

Vueling have denied that the seat was occupied and I have a final answer for them.

What routes do I have available to escalate this further?
As with the LH seat issue discussed upthread, this isn't really a UK261/EU261 issue, it's a breach of contract. The question will be what evidence you have, beyond your own witness testimony, if they continue to deny what happened. Obviously if the matter proceeded to ADR or Court you could request a copy of their internal records, but there's an outside chance these might not reflect what actually happened.
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Old Apr 27, 2023, 10:47 am
  #754  
 
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Originally Posted by flarmip
As with the LH seat issue discussed upthread, this isn't really a UK261/EU261 issue, it's a breach of contract. The question will be what evidence you have, beyond your own witness testimony, if they continue to deny what happened. Obviously if the matter proceeded to ADR or Court you could request a copy of their internal records, but there's an outside chance these might not reflect what actually happened.
I guess the question is which court or mediation service I should go for in this caseÖ
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Old Apr 27, 2023, 11:23 am
  #755  
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Originally Posted by ringingup
I guess the question is which court or mediation service I should go for in this caseÖ
Vueling does not belong to a UK ADR (and they don't run many services to/from the UK). So it would be MCOL if you live in England and Wales, but here this was a Italy to Spain flight. So you're over to either the Spanish or Italian court system. Or raise a dispute with your credit card.
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Old Apr 27, 2023, 11:24 am
  #756  
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Originally Posted by Emma Heady
Iíve just realised that my claims and complaint have now passed the 8 weeks mark.

Should I notify BA that I am escalating?
No need to notify BA, it won't make any difference. I would claim against BA Holidays.
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Old Apr 27, 2023, 11:34 am
  #757  
 
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Originally Posted by corporate-wage-slave
Vueling does not belong to a UK ADR (and they don't run many services to/from the UK). So it would be MCOL if you live in England and Wales, but here this was a Italy to Spain flight. So you're over to either the Spanish or Italian court system. Or raise a dispute with your credit card.
Thanks CWS! Iíll have to research what options I have with either of those court systems. I might ask an Italian solicitor friend of mine.

If I raised a dispute with my credit card company, would there be a risk of Vueling retaliating somehow?
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Old Apr 27, 2023, 11:36 am
  #758  
 
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Originally Posted by corporate-wage-slave
No need to notify BA, it won't make any difference. I would claim against BA Holidays.
Oh I never noticed BA Holidays as an option on there. How much difference does it make if you select the Ďwrongí one?
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Old Apr 27, 2023, 11:48 am
  #759  
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Originally Posted by thomasd21
Oh I never noticed BA Holidays as an option on there. How much difference does it make if you select the ‘wrong’ one?
I doubt it makes much difference. After all if you submit it all over again BA in some form or another also has to process it all over again. In law it's the operator that's responsible, so in most cases it will be BA, but I don't think it's something that will be quibbled.
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Old Apr 27, 2023, 1:35 pm
  #760  
 
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Iím a bit lost trying to find the CEDR info in this thread, is there a separate thread I should be looking for to find a guide to using this or should I just read the CEDR website?

I saw on there that thereís a small fee but couldnít see how much that would be.

Any help pointing me in the right direction would be very gratefully received.
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Old Apr 27, 2023, 1:42 pm
  #761  
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See post 1 and the linked post in there. They reserve the right to charge a fee, but in reality they don't charge it. The CEDR website gives you lots of background information.
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Old Apr 27, 2023, 2:39 pm
  #762  
 
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Originally Posted by corporate-wage-slave
See post 1 and the linked post in there. They reserve the right to charge a fee, but in reality they don't charge it. The CEDR website gives you lots of background information.
Thanks, I think I was looking for more of a step by step thing but have had a good read of the website and can see what I need to do.

I submitted 3 claims to BA, delay compensation and costs incurred, damaged luggage and a complaint about the situation.

Can I deal with all of those under the once application to CEDR?

I donít know what I expect from the complaint, avios I guess, how do I know what is appropriate to request?
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Old Apr 27, 2023, 3:12 pm
  #763  
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Originally Posted by Emma Heady
I don’t know what I expect from the complaint, avios I guess, how do I know what is appropriate to request?
We don't know from your first post exactly what you're claiming for, but generally CEDR will decide according to law and award whatever the monetary value is, so that's what you need to claim.

It can't award arbitrary amounts of Avios, so nor can you claim them on what sounds like a revenue fare.
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Old Apr 27, 2023, 3:26 pm
  #764  
 
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Originally Posted by NWIFlyer
We don't know from your first post exactly what you're claiming for, but generally CEDR will decide according to law and award whatever the monetary value is, so that's what you need to claim.

It can't award arbitrary amounts of Avios, so nor can you claim them on what sounds like a revenue fare.
The form has a section for non financial compensation, I assumed that might be used for the complaint side of things.

I have claimed for costs after being moved to a flight a day later from a different airport after being told my flight was cancelled when it wasnít.

A separate complaint relates to the fact that I was incorrectly told my flight was cancelled and that I had no choice other than to fly from an alternative airport at a later date.

My understanding from reading about other peopleís complaints regarding service was that they are generally given avios as an apology.

As the CEDR website clearly states that the final decision is binding and that you can not add anything after the form is submitted I assume that I need to show that I expect to receive some kind of compensation for the level of service or lack there of.
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Old Apr 28, 2023, 12:19 am
  #765  
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Originally Posted by Emma Heady
I have claimed for costs after being moved to a flight a day later from a different airport after being told my flight was cancelled when it wasnít.

A separate complaint relates to the fact that I was incorrectly told my flight was cancelled and that I had no choice other than to fly from an alternative airport at a later date.
The direct Right to Care costs and EC261 compensation for cancellation is something that CEDR can handle. For poor customer service, well CEDR can also rule on matters if it relates to an airline treating you unfairly, but we get almost no feedback from people who have tried that angle so I can't give much guidance as to how that works. But maybe that's the angle to try here, that BA acted unfairly and that you want some recovery for that. Another way to handle it is to focus for now on the CEDR side that is clearly EC261, and then if that gets dealt with you can still pursue BA for the customer relations side. Normally BA's stance is that if you get a EC261 payment that is BA's bundled-in customer relations remedy. The exception tends to be cases where EC261 isn't payable (e.g. bad weather) and where the passenger has had a really bad experience such as sleeping on an airport floor due to not being told / uninformed about hotels.
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