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 May 19, 2023, 1:28 am
  #886  
Ambassador, British Airways; FlyerTalk Posting Legend
 
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 43,684
Yes so as already noted, there is no entitlement as such to the taxi fare, but as cws notes BA is likely to agree to pay in response to a reasonable claim.
KARFA is online now  
Old May 19, 2023, 1:43 am
  #887  
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: 64,884
The slightly longer argument is that there may be an entitlement under the Montral Convention under Article 19, but it's only for direct recovery of passenger losses such as the taxi fare. But it's not worth over-contemplating as BA should repay this, or say 50 of it. The bigger point I was trying to make was that 1 hour is a fairly thin delay margin so if someone books that close to the wire then to my mind they knowingly take on the occasional risk of it not working.
KARFA, DiamondMile and 221129 like this.
corporate-wage-slave is online now  
Old May 19, 2023, 1:48 am
  #888  
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: 64,884
Originally Posted by Twixyrl
Unfamiliar with the process from here. Even if this cancellation reason is true (which Im pretty certain it isnt given everyone was told it was due to ground staff issues in Austin), surely this still means Im eligible for compensation under EC reg 261 as its BAs 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 its likely to have to go to ADR?
I wouldn't spend too much energy on this. I would refer this to CEDR at 8 weeks from the initial complaint, or if that time isn't up yet, ask BA to confirm that this is their final answer.
corporate-wage-slave is online now  
Old May 19, 2023, 2:39 am
  #889  
 
Join Date: Dec 2019
Programs: BA Silver
Posts: 595
Originally Posted by corporate-wage-slave
The slightly longer argument is that there may be an entitlement under the Montral Convention under Article 19, but it's only for direct recovery of passenger losses such as the taxi fare. But it's not worth over-contemplating as BA should repay this, or say 50 of it. The bigger point I was trying to make was that 1 hour is a fairly thin delay margin so if someone books that close to the wire then to my mind they knowingly take on the occasional risk of it not working.
If it had not been the last flight of the day I would have been okay. not getting out of the airport until after the last train had left kyboshed it. My service was due in at 2235 with the last train leaving at 2350. I got out of the Airport at 2350.

Ironically when times are tight or I can't get to the Airport early enough I normally use the Park and Ride at Ferry toll across the Bridge - the bus service to their operates 24/7 from EDI.

I've put a claim in so will update members as to the outcome.
Butts is offline  
Old May 19, 2023, 2:50 am
  #890  
 
Join Date: May 2019
Location: FL390 or the iron way
Programs: BA GGL
Posts: 2,092
Originally Posted by Butts
If it had not been the last flight of the day I would have been okay. not getting out of the airport until after the last train had left kyboshed it. My service was due in at 2235 with the last train leaving at 2350. I got out of the Airport at 2350.

Ironically when times are tight or I can't get to the Airport early enough I normally use the Park and Ride at Ferry toll across the Bridge - the bus service to their operates 24/7 from EDI.

I've put a claim in so will update members as to the outcome.
Google Maps reckons the last itinerary to Falkirk by public transport involves taking the tram from the airport at 23:16, changing at Edinburgh Gateway and Haymarket. Even with no immigration or customs to pass through, you'd realistically be looking at a minimum of 10 minutes from arriving on stand to being on the tram. So in the best case scenario, assuming the flight pulled onto stand 100% on time, you'd be at the tram stop at 22:45.

Therefore your plan allowed only 30 minutes of 'slack' in the event of laterunning. I'm not saying I wouldn't consider that myself, especially since a taxi isn't an exorbitantly expensive alternative given Falkirk's proximity to EDI - but I would do so in full knowledge of the risk, and knowing that I wouldn't necessarily be able to recover the cost of the taxi.

I think BA are certainly acting as a matter of goodwill here if they reimburse you. Nothing wrong with that, but I wouldn't expect it.
flarmip is offline  
Old May 19, 2023, 10:33 am
  #891  
 
Join Date: Dec 2012
Location: YVR, HNL
Programs: AS 75k, UA peon, BA Bronze, AC E50k, Marriott Plat, HH Diamond, Fairmont Plat (RIP)
Posts: 7,900
Originally Posted by Finkface
How does one actually get BA to pay after going through CEDR? BA agreed to pay back in early March and my CEDR complaint was closed. It has now been far longer than the 20 working days they were given to pay. I am unable to reopen the case with CEDR and have emailed them as well as BA. Nothing. No response. So what do I do now? I cannot use MCOL as I am not in the UK.
Thought I would give another update. BA have still not paid. CEDR did reopen the case but their only actions have been to repeatedly ask BA to pay. They still have not, and BA has now stopped responding to CEDR altogether. Any advice for next steps? As above, I cannot use MCOL and CEDR seems to have no ability to enforce payment and no real desire to do anything beyond asking BA to pay. What do I do now?
Finkface is offline  
Old May 19, 2023, 10:49 am
  #892  
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: 64,884
Originally Posted by Finkface
Thought I would give another update. BA have still not paid. CEDR did reopen the case but their only actions have been to repeatedly ask BA to pay. They still have not, and BA has now stopped responding to CEDR altogether. Any advice for next steps? As above, I cannot use MCOL and CEDR seems to have no ability to enforce payment and no real desire to do anything beyond asking BA to pay. What do I do now?
If you were UK based then MCOL would be the next stage. You could try the CAA - they don't normally act on airlines that are in ADR, but here ADR appears to have failed so they may investigate. That said the CAA is notoriously unhelpful in this consumer protection space, a role they don't want to have and show every signs of not wanting to do even a half decent job.
https://www.caa.co.uk/passengers/res...-caa-can-help/

Your other option is to raise a new and specific complaint to BA about them acting unfairly about non payment of CEDR's ruling. Nothing to do with the underlying complaint. After 8 weeks you can then go back to CEDR with a fresh investigation on the unfairness side, at which point BA will I suspect pay up. Acting unfairly is separate from EC261 so you could get 2 rulings on this.

I guess your third option is to liaise with one of the newspapers that name and shame travel companies - Telegraph, Times, Guardian, Independent - but they prefer to deal with British residents from what I can make out.

I suspect the best overall strategy is just to keep at it with CEDR. There is a complaints process for CEDR too!
Finkface likes this.
corporate-wage-slave is online now  
Old May 19, 2023, 1:38 pm
  #893  
 
Join Date: Dec 2019
Programs: BA Silver
Posts: 595
Originally Posted by flarmip
Google Maps reckons the last itinerary to Falkirk by public transport involves taking the tram from the airport at 23:16, changing at Edinburgh Gateway and Haymarket. Even with no immigration or customs to pass through, you'd realistically be looking at a minimum of 10 minutes from arriving on stand to being on the tram. So in the best case scenario, assuming the flight pulled onto stand 100% on time, you'd be at the tram stop at 22:45.

Therefore your plan allowed only 30 minutes of 'slack' in the event of laterunning. I'm not saying I wouldn't consider that myself, especially since a taxi isn't an exorbitantly expensive alternative given Falkirk's proximity to EDI - but I would do so in full knowledge of the risk, and knowing that I wouldn't necessarily be able to recover the cost of the taxi.

I think BA are certainly acting as a matter of goodwill here if they reimburse you. Nothing wrong with that, but I wouldn't expect it.
The last tram from the Airport is 2245 so I suggest google maps has gone askew.

Even if I get out of the Airport at 2300 I get the Airlink 100 Bus to Haymarket giving me plenty of time to get to Haymarket to connect with the Train.

Failing that I could get out even later and get a Taxi to Edinburgh Park and connect with the Train to Falkirk.

At 2350 the time I got out of the Airport the last train has gone !!
Butts is offline  
Old May 19, 2023, 2:23 pm
  #894  
 
Join Date: Dec 2011
Location: BRS
Programs: BA Gold, Hilton Diamond
Posts: 5,031
Asking for a friend. Their MXP-LHR was cancelled due to the handling agent strike and the only option to get them back tonight with availability was FCO-LHR. Luckily there was enough time to hot foot it on the train down to Rome from Milan.

By the letter of the law, would EU261 legislation cover reimbursement for the train to Rome?
Schwann is offline  
Old May 19, 2023, 2:37 pm
  #895  
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: 64,884
Originally Posted by Schwann
Asking for a friend. Their MXP-LHR was cancelled due to the handling agent strike and the only option to get them back tonight with availability was FCO-LHR. Luckily there was enough time to hot foot it on the train down to Rome from Milan.

By the letter of the law, would EU261 legislation cover reimbursement for the train to Rome?
To slightly change the question, BA would normally pay the train fare in this scenario without quibble if a claim was sent in. "Letter of the law" suggests a literal approach, and while EC261 says that the additional transfer costs should be paid by the airline for a change of airport at the destination end (article 8.3), it is silent about a change on the departing end. However I would say it is broadly recognised as applying at both ends.
Schwann likes this.
corporate-wage-slave is online now  
Old May 21, 2023, 1:46 am
  #896  
formerly JackDann
 
Join Date: Oct 2017
Location: Northern Ireland
Posts: 1,730
Having re-read the wiki, looks as though I may be able to get something.

Had my BHD-LCY cancelled, was re-routed to LHR and landed just under the 3hrs. Is this eligible?
JD1905 is offline  
Old May 21, 2023, 2:16 am
  #897  
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: 64,884
Originally Posted by JD1905
Having re-read the wiki, looks as though I may be able to get something.

Had my BHD-LCY cancelled, was re-routed to LHR and landed just under the 3hrs. Is this eligible?
Perhaps but without exact timings of the cancellation notification and flights it's difficult to say. For cancellations - not delays - it's the scheduled times that matter, not the actuals. If less than 7 days notice of the cancellation is given then no compensation is due if the new scheduled times are within 1 hiours before for departure, or 2 hours after for arrival.
corporate-wage-slave is online now  
Old May 21, 2023, 2:18 am
  #898  
formerly JackDann
 
Join Date: Oct 2017
Location: Northern Ireland
Posts: 1,730
Originally Posted by corporate-wage-slave
Perhaps but without exact timings of the cancellation notification and flights it's difficult to say. For cancellations - not delays - it's the scheduled times that matter, not the actuals. If less than 7 days notice of the cancellation is given then no compensation is due if the new scheduled times are within 1 hiours before for departure, or 2 hours after for arrival.



Was cancelled on the morning of scheduled departure.
JD1905 is offline  
Old May 21, 2023, 2:33 am
  #899  
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: 64,884
Originally Posted by JD1905

Was cancelled on the morning of scheduled departure.
That is eligible since you are over 2 hours late on scheduled timings.
corporate-wage-slave is online now  
Old May 21, 2023, 2:39 am
  #900  
formerly JackDann
 
Join Date: Oct 2017
Location: Northern Ireland
Posts: 1,730
Originally Posted by corporate-wage-slave
That is eligible since you are over 2 hours late on scheduled timings.
Ta - is that at 50%?
JD1905 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.