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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 May 12, 2023, 11:11 am
  #856  
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Originally Posted by Emma Heady
Can I ask why some go through CEDR and some through MCOL?

Is it just personal preference?
There are a range of factors, and to some extent it's a case of looking at each claim to work out the best solution. MCOL can be the fastest if you are pretty certain that BA will struggle to draw up a defence. But if BA are going to contest the case it can be currently a slow process due to the backlog in the court system at the moment. CEDR has advantages such as being free to submit cases and taking a hard line on "all reasonable measures". Those who don't live in the UK more-or-less have to use CEDR.

That's the short answer, it's a complex area and all sorts of reasons why one works and the other does not.
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Old May 12, 2023, 1:26 pm
  #857  
 
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Oh last bit of confusion. I'm in the process of filling out my claim for Icelandair and their claims page has this disclaimer

Based on EC 261 - shouldn't they be paying 600EU for anything above 3 hours? Not 300 for 3 hours, and 600 for 4 hours?

They also have a disclaimer saying they may reduce compensation if the replacement flight arrives within 2 hours of the original flight's scheduled time. I didn't think they had the power to just declare that. Am I missing a detail in EC261?
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Old May 12, 2023, 1:28 pm
  #858  
 
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Originally Posted by bdward37
Oh last bit of confusion. I'm in the process of filling out my claim for Icelandair and their claims page has this disclaimer

Based on EC 261 - shouldn't they be paying 600EU for anything above 3 hours? Not 300 for 3 hours, and 600 for 4 hours?

They also have a disclaimer saying they may reduce compensation if the replacement flight arrives within 2 hours of the original flight's scheduled time. I didn't think they had the power to just declare that. Am I missing a detail in EC261?
They are correct on both counts. EU261 is not a simple law to get to grips with, as so much of it is based on precedent rather than being explicitly written in the statute.
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Old May 12, 2023, 1:50 pm
  #859  
 
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Originally Posted by flarmip
They are correct on both counts. EU261 is not a simple law to get to grips with, as so much of it is based on precedent rather than being explicitly written in the statute.
Thanks! Okay, I'm at a bit more of a crossroads than I thought. I left from Boston (USA) had a layover in Amsterdam, and my final destination was Scotland. Is Scotland within the EU/EAA? I'm trying to decide on my best course of action for this claim, it's a bit of a complicated process. I can technically claim either a 3 hour delay, or a denial of boarding AND a 3 hour delay. According to the articles I'm reading, it sounds like denied boarding is handled differently, but on the Icelandair page it's treated the same as a delay.

Based on this list:
  • A. Three (3) hours for Flights of 1,500km or less (EUR 250)
  • B. Three (3) hours for Flights between 1,500km and 3,500km and flights within EEA of more than 1,500km (EUR 400)
  • C. Three (3) hours for flights more than 3,500km not falling under A or B (EUR 300).
  • D. Four (4) hours for flights more than 3,500 km not falling under A or B (EUR 600) (1 km = 0.62 miles).

What claim should I make for a flight that was initially going from:

Boston - Reykjavik (layover) Reykjavik to Glasgow
but changed to
Boston - Amsterdam (layover) Amsterdam to Glasgow, resulting in an arrival 3 hours later than initially booked? B or C?
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Old May 12, 2023, 1:55 pm
  #860  
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Originally Posted by bdward37
Boston - Reykjavik (layover) Reykjavik to Glasgow
but changed to
Boston - Amsterdam (layover) Amsterdam to Glasgow, resulting in an arrival 3 hours later than initially booked? B or C?
I've read the above several times over and I'm still trying to work it out.

Were you IDBed? Then claim (you don't claim an amount by the way, you assume FI will get that right). If so how long were you delayed compared to your original schedule? And was that rebooked service late separately to the IDB issue? And was anything cancelled in the middle of this? As noted at the top of this thread, for the purposes of this thread you can regard Glasgow as being in the EU.
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Old May 12, 2023, 2:03 pm
  #861  
 
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Frankly, I don't know.

The Iceland Air website has a field to input how much you're asking for so I don't know what claim to make in the "Comments" field.

As for whether or not I was denied boarding, I was told my flight was cancelled, then I was put onto another flight. The replacement flight was 3 hours later (Amsterdam flight). But then I found out my initial flight wasn't actually cancelled. It boarded and took off before my very eyes. I was never given an explanation, so I assume I was denied boarding.

So I don't know which one to claim, the delay, or the boarding denial.
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Old May 12, 2023, 2:29 pm
  #862  
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Originally Posted by bdward37
So I don't know which one to claim, the delay, or the boarding denial.
You are claiming IDB - the service departed with you offloaded. The amount of IDB you get is related to clause 7 so that extent you don't claim delay - the amount of IDB relates to the delay as well. I am not sure you answered my questions, but I'm going to assume that you were more than 4 hours late into GLA compared to your original ticketed time, in which case it's 600€. If it was between 3 and 4 hours then it's 300€. If the KEF-AMS service in - and of itself - was late, such you had a further and entirely separate delay into GLA of more than 3 hours then that too may get an additional payment for that delay but that depends on the factors hinted at by my questions. If your arrival into GLA was in line with the rebooked time given you in BOS then that second payment does not accrue.
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Old May 12, 2023, 3:01 pm
  #863  
 
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I had a flight from GLA-LCY cancelled on March 8th, it then cancelled my LHR-BUD - BUD-LHR-GLA that was on the same itinerary and was refunded for this. I ended up booking a LH ticket to get from GLA to BUD and then had to do a separate 1 way from BUD-LHR-GLA. These 2 one ways were about £400 more expensive than the return that I'd originally booked. I received this response from BA - is it worth going back to push for the difference in fare under UK261 as they should have offered me the reroute rather than a refund?
An update from British Airways

We’re sorry it was necessary to cancel your flight to London City on 08 March 2023 and understand why you needed to get in contact about this. We take all reasonable measures to avoid cancelling a flight and we’ll 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.

I’ve checked the details of your journey and I’m pleased to advise you’re entitled to compensation for the cancellation of your flight, BA8739, on 08 March 2023.

The distance of your disrupted journey was between 1,500km and 3,500km and this has been calculated in accordance with UK law. This means you’re entitled to £350.00 in compensation.

I’ve raised a bank transfer for this amount in your local currency, which will be paid directly to your Nationwide bank account. We want to process your payment as quickly as possible to put things right for you. Just to make you aware, if you respond to this email within the next 48-72 hours, it may cause a delay in your payment being processed and it may take up to 28 working days to reflect amount into your account.

I know you will be disappointed to hear we are unable to cover the cost of your alternative ticket. However, you may be able to claim these consequential losses through your travel insurance policy.

Thanks again for getting in touch. Please feel free to contact us, using the blue link below, if we can help you any further and we look forward to welcoming you on board again soon.
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Old May 12, 2023, 3:04 pm
  #864  
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Originally Posted by Jpm81
I had a flight from GLA-LCY cancelled on March 8th, it then cancelled my LHR-BUD - BUD-LHR-GLA that was on the same itinerary and was refunded for this. I ended up booking a LH ticket to get from GLA to BUD and then had to do a separate 1 way from BUD-LHR-GLA. These 2 one ways were about £400 more expensive than the return that I'd originally booked. I received this response from BA - is it worth going back to push for the difference in fare under UK261 as they should have offered me the reroute rather than a refund?
Did you specifically ask for a reroute, or did you specifically ask for a refund? There is a key difference, since it's a refund or a rebook, not both.
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Old May 12, 2023, 3:12 pm
  #865  
 
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Originally Posted by corporate-wage-slave
Did you specifically ask for a reroute, or did you specifically ask for a refund? There is a key difference, since it's a refund or a rebook, not both.
I didn't get given an choice - couldn't get through on the phone and it ended up being automatically refunded to our corp travel agent (who also tried to get in touch with BA to do a reroute but no luck).

I had to be in Bud for a meeting the thursday so had no option but to do the LH booking.
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Old May 12, 2023, 3:18 pm
  #866  
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Originally Posted by Jpm81
I didn't get given an choice - couldn't get through on the phone and it ended up being automatically refunded to our corp travel agent (who also tried to get in touch with BA to do a reroute but no luck).

I had to be in Bud for a meeting the thursday so had no option but to do the LH booking.
So that is the basis of your claim, and usually MCOL (or the Scottish Sheriff Court version) is better than CEDR, but CEDR is also an option. The guts of the claim is that this (a) not consequential but due to the failure of BA to allow a rebook either by telephone or by app, contrary to Article 8 of EC261 and (b) under Article 19 of the Montréal Convention (MC99) BA is liable for direct loss damages caused by their actions here.

So I would ask BA to confirm that this is their final position, in order for you to take action under Article 8 of EC261 and Article 19 of MC99.
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Old May 12, 2023, 3:21 pm
  #867  
 
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Originally Posted by corporate-wage-slave
So that is the basis of your claim, and usually MCOL (or the Scottish Sheriff Court version) is better than CEDR, but CEDR is also an option. The guts of the claim is that this (a) not consequential but due to the failure of BA to allow a rebook either by telephone or by app, contrary to Article 8 of EC261 and (b) under Article 19 of the Montréal Convention (MC99) BA is liable for direct loss damages caused by their actions here.

So I would ask BA to confirm that this is their final position, in order for you to take action under Article 8 of EC261 and Article 19 of MC99.
Thank you! Will let you know how it goes.
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Old May 15, 2023, 7:43 am
  #868  
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I see an awful lot of testimony re: weeks or months' wait in receiving compensation. From the credit-where-credit-is-due desk, I thought I'd chime in to say I filed ten days ago for LHR layover costs (hotel and food) arising from a cancellation / rebooking event; i had the sorry-for-your-cancellation form letter / email back five days later, and the requested reimbursement funds appeared in my bank account this morning.

The flying part was a pretty poor experience but the compensation part has gone honorably and well.
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Old May 15, 2023, 10:32 am
  #869  
 
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Originally Posted by BearX220
I see an awful lot of testimony re: weeks or months' wait in receiving compensation. From the credit-where-credit-is-due desk, I thought I'd chime in to say I filed ten days ago for LHR layover costs (hotel and food) arising from a cancellation / rebooking event; i had the sorry-for-your-cancellation form letter / email back five days later, and the requested reimbursement funds appeared in my bank account this morning.

The flying part was a pretty poor experience but the compensation part has gone honorably and well.
Are you GGL (or above)? My experience was radio silence for months until I filed MCOL, after which they replied within the month. To be fair, the total amount of compensation that I ultimately received was above the statute limitations (but still short of the expenses I incurred).
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Old May 15, 2023, 2:13 pm
  #870  
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Originally Posted by bzado
Are you GGL (or above)?
Quite the contrary - my peak work travel days are behind me and current status is very modest. When I filed I wrote a succinct, polite, empathetic note, claimed nothing exorbitant, and uploaded complete receipts. Hey presto, money transferred in days. Perhaps I just won the lucky dip.
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