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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 16, 2023, 1:06 am
  #871  
 
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So heres a question.

Flight LHR-JFK (F) cancelled with <24hrs notice. They rebooked me to an earlier (and more inconvenient personally) flight with a downgrade to J.

I noticed that next available F seat was on a later flight which would work for me that departed 4.5hrs later. So I called up and got moved back to F on that flight.

Now in theory <7 days, >4hr delay in arrival, >3500km, I should be able to claim the full compensation of £520? Even though I asked for the move.

However, could the airline argue that they had put me on a flight that would get be there within an hour of my prior departure? I guess if I had accepted I would be owed downgrade compensation and earlier departure compensation of 75% of the one-way F flight price plus £260.

So actually I shouldn't feel so bad claiming! Considering it was like an £10k ticket, they had a lot more to lose by me accepting their suggestion... Is analysis correct?
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Old May 16, 2023, 1:45 am
  #872  
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Originally Posted by YClass
However, could the airline argue that they had put me on a flight that would get be there within an hour of my prior departure? I guess if I had accepted I would be owed downgrade compensation and earlier departure compensation of 75% of the one-way F flight price plus £260.
Yes the airline can claim that, but they wouldn't pay the Mennens component because in the end you were not downgraded. But a delay or equivalent was inevitable so that's payable. I would just claim for the delay and see what they actually pay you, it may be the higher amount. You don't put in a specific amount in the claim, they will tell you what they think it should be.
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Old May 16, 2023, 10:13 am
  #873  
 
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Hello, has anyone had a case where BA change the Case Reference number?

I logged a claim in Feb for EC261 and was given an auto-response with a claim number. When I got a reply 2 months later, the number was different. The reason I ask is that CEDR asked me to submit evidence of my original claim to prove it was over 8 weeks ago. I had attached a letter, but now also sent the screenshot of the receipt from BA. However, this number doesn't match BA's response. Is this something that happens or is this more trickery from BA to get out of paying things?

Thanks a lot
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Old May 16, 2023, 11:18 am
  #874  
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I have heard of this when there is both a Right to Care case (which they pay) and an EC261 case which is disputed. I would be surprised if CEDR has an issue with this.
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Old May 16, 2023, 11:20 am
  #875  
 
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Thanks. Only made one claim, have mentioned it in my response to CEDR.
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Old May 18, 2023, 1:11 pm
  #876  
 
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Originally Posted by Engineering Travel
May 8th 2023, BA0806...LHR-BLL Aircraft change, Captain not happy with one engine after walk round, then cabin crew out of hours and replaced. Arrival time 3hours 10mins late, scheduled 7pm actual 10.10pm.
Feel sorry for those waiting to get back to LHR on BA0807, would be pushing curfew time. Posted this if anyone was taking the flight and had problems with late arrival transportation issues to get home. May help with compensation for them.

Just to update:
BA Confirmed comp due today May 18th.
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Old May 18, 2023, 1:50 pm
  #877  
 
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Not been in this situation before. What happens if BA gets you back to Edinburgh so late that you miss your last train to Falkirk .

BA 1440 currently scheduled to arrive around 2330 (Hour late) which means I won't get to Haymarket in time to catch the last train to Falkirk at 2350.

Had it arrived on time I would have had a multitude of choices.

Really cheesed off as this is the third flight in a row that has been delayed by over an hour LHR-JER yesterday and JER to LHR today plus the above.

Empty platitudes in an e-mail from BA are not good enough - they need to be paying compo at 1 Hour + delay !!!
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Old May 18, 2023, 3:11 pm
  #878  
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Originally Posted by Butts
Not been in this situation before. What happens if BA gets you back to Edinburgh so late that you miss your last train to Falkirk .
Not BA's problem. Their responsibility is to get you to the last airport on your itinerary.

Originally Posted by Butts
Empty platitudes in an e-mail from BA are not good enough - they need to be paying compo at 1 Hour + delay !!!
This will not be happening. You can claim compensation in Scotch in GF.
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Old May 18, 2023, 3:13 pm
  #879  
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There's no compensation, but BA will usually refund onward travel if public transport is not available after a delay on their part. That wouldn't be part of EC261 though, and to a degree discretionary. I'd be concerned that a 1 hour delay pushed you over this time limit, since that's just what a wet day at LHR would have given you at any time since the late 1970s.
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Old May 18, 2023, 5:52 pm
  #880  
 
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Originally Posted by corporate-wage-slave
There's no compensation, but BA will usually refund onward travel if public transport is not available after a delay on their part. That wouldn't be part of EC261 though, and to a degree discretionary. I'd be concerned that a 1 hour delay pushed you over this time limit, since that's just what a wet day at LHR would have given you at any time since the late 1970s.
The last train from Haymarket to Falkirk is at 2350 which is the time we got into the terminal at EDI - to add insult to injury they parked up at a remote stand and bussed everyone into the terminal adding to the delay.

If I was going to Glasgow or Edinburgh bus would have been an option but there is no other way of getting to Falkirk at that time of Night other than a Taxi - it cost £68.50.

I asked the Menzies handling agent what to do and she said to get a taxi and put a claim in.
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Old May 18, 2023, 6:12 pm
  #881  
 
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Originally Posted by stifle
Not BA's problem. Their responsibility is to get you to the last airport on your itinerary.


This will not be happening. You can claim compensation in Scotch in GF.
It should be they are taking the pee at the moment. On a Train you'd get your money back for delays of this magnitude regardless of whose fault it was.
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Old May 18, 2023, 6:21 pm
  #882  
 
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Reply from BA

Originally Posted by Twixyrl;[url=tel:35069833
35069833[/url]]Hi all,

Long time lurker. Signed up for an account to start posting today.
Only just had the time to fill out BA’s compensation form for a trip at start of Feb.

Essentially here’s the facts, was due to travel from Manchester to Austin via LHR as part of a return trip ticket on 01/02.

01/02 flight was cancelled on 31/01 due to “ground staff issues at Austin airport” so I was rebooked onto the same time flight the next day on 02/02. I arrive at LHR on 02/02 after flying from Manchester (starting my journey and travelling on the e-ticket). The London - Austin flight is then delayed 3 hours 50 mins during connecting and about 3 hours 20 minutes into the delay I fall ill very suddenly. I was taken by ambulance to a local hospital and treated. Obviously I was removed from the checked in passengers and had my baggage offloaded. One for the travel insurance and they have approved my claim. But I am wondering if I will get any hope of UK261 given if the flight was due to depart as scheduled on 01/02 I would’ve been fit to fly and would’ve fallen unwell abroad instead of in Heathrow. Does me not actually travelling on the rebooked service mean I don’t get UK261? BA have cancelled my ticket and sent confirmation of no refund for my travel insurance policy. I believe I should be entitled to UK261, the VS flight left on time as scheduled on 01/02 so I believe there was no issues at Austin that weren’t related to BA. I also booked a fairly inexpensive (£61) airport hotel to stay in overnight at Manchester Airport as I had already travelled to Manchester on 31/01 for my original 01/02 flight.

I’d be surprised if it’s not been covered before but I can’t find anything searching through countless posts. I’d appreciate if anyone knowledgeable would be able to chime in!
My original message has a reply from BA.

“We’re sorry it was necessary to cancel your flight to Austin on 1 February 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.



Your claim's been refused because BA0191on 1 February 2023 was cancelled because of ground handling time.

London Heathrow is one of the world’s busiest international airports. Over 99.5% of all possible take-off and landing slots are taken up, so any disruption to our normal operation will result in delays and cancellations. Even if our operation is only disrupted for a short period of time in the morning, this can have a knock-on effect for the rest of the day.”

Unfamiliar with the process from here. Even if this cancellation reason is true (which I’m pretty certain it isn’t given everyone was told it was due to ground staff issues in Austin), surely this still means I’m eligible for compensation under EC reg 261 as it’s BA’s responsibility to employ companies @ Heathrow to facilitate their ground handling. To cancel a flight the night before over ground handling seems very suspicious too, given plenty of flights went away from LHR okay on the day.

Any further advice on a response for this & a expected outcome? And if it’s likely to have to go to ADR?
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Old May 19, 2023, 1:03 am
  #883  
 
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Originally Posted by Butts
It should be they are taking the pee at the moment. On a Train you'd get your money back for delays of this magnitude regardless of whose fault it was.
Unfortunately the railways simply operate under a different compensation scheme to airlines. Equally you could complain that you only received compensation to the value of your £50 ticket for a 3 hour train delay, yet you might be entitled to £220 for an eqiuvalent flight delay. I don't see that there is an entitlement to be reimbursed your taxi costs here.
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Old May 19, 2023, 1:24 am
  #884  
 
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Originally Posted by flarmip
Unfortunately the railways simply operate under a different compensation scheme to airlines. Equally you could complain that you only received compensation to the value of your £50 ticket for a 3 hour train delay, yet you might be entitled to £220 for an eqiuvalent flight delay. I don't see that there is an entitlement to be reimbursed your taxi costs here.
I'm sure it was mooted somewhere that The Government were going to look at the current "Air Set Up" with regard to the way it is weighted towards extended delays and does not address the problem of middling inconveniences.

Just to be clear I am not after compensation but just the cost of getting home as a result of a BA delay that scuppered normal options due to the time of arrival.

I'm sure this once happened to me with Flybe at GLA and they subsequently reimbursed me for a taxi to enable me to get home when all other public transport had ceased.
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Old May 19, 2023, 1:27 am
  #885  
 
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Originally Posted by Butts
Not been in this situation before. What happens if BA gets you back to Edinburgh so late that you miss your last train to Falkirk .

BA 1440 currently scheduled to arrive around 2330 (Hour late) which means I won't get to Haymarket in time to catch the last train to Falkirk at 2350.

Had it arrived on time I would have had a multitude of choices.

Really cheesed off as this is the third flight in a row that has been delayed by over an hour LHR-JER yesterday and JER to LHR today plus the above.

Empty platitudes in an e-mail from BA are not good enough - they need to be paying compo at 1 Hour + delay !!!
As far as I know, the consumer rights act applies equally to Airlines as it does rail and other transport operations.

If they didn't demonstrate reasonable care and skill to operate your flight to the contracted time then you will probably have a case. Getting them to pay it however, is a different story. You'll almost certainly need to go down the MCOL route.
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