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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 29, 2023, 10:12 am
  #991  
 
Join Date: Jul 2016
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Originally Posted by stifle
I had a cancellation on DUS-LHR just under 3 weeks ago when booked to travel at 20:30 and we were put on the 17:25 instead. Claim went in same day and today it has been approved but for the reduced sum of 110 per pax as we arrived less than 2 hours after we were booked to arrive. I have replied rejecting this citing ECLI:EU:C:2021:1038; we shall see where it goes. I mentioned in the reply that any lesser payment would be accepted strictly on the basis that it is a part payment on account, and not in settlement.
Same here with a cancelled DUB-LCY flight. As it's coming from EU, I applied for compensation of 250; they said it's only 50%, so 125; I quoted those cases and said it should be 250; they've said they've checked again and "youre entitled to 125.00 in compensation, which is 50% of the full amount", but added another paragraph about extraordinary circumstances and "This means youre not entitled to compensation under the EU Regulation for your cancelled flight." Must be copying and pasting between multiple responses. I've now asked for confirmation of this being their final answer and will go through the whole CEDR rigmarole again.
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Old May 29, 2023, 10:25 am
  #992  
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In my reply I also gave 14 days notice of going to MCOL. I am not putting up with nonsense.
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Old May 29, 2023, 1:03 pm
  #993  
 
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How long do BA generally take to pay up once you get the email saying they have raised the bank transfer?
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Old May 29, 2023, 1:06 pm
  #994  
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Originally Posted by chistery
How long do BA generally take to pay up once you get the email saying they have raised the bank transfer?
usually 3-6 days.
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Old May 30, 2023, 12:59 am
  #995  
 
Join Date: Jun 2015
Posts: 14
Ba254/255 lhr-flr eu261

No surprise that Ive been rerouted to PSA due to BA continuing to operate the unsuitable A320 Neo on the LHR-FLR route.
Has anyone had any joy claiming EU261 comp for a delay due to rerouting? I know BA will fight tooth and nail but ultimately other flights are able to land if FLR, and they would too if they were operating a smaller aircraft.
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Old May 30, 2023, 1:18 am
  #996  
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I would not expect a claim here to be successful. In other areas BA loses EC261 when general or knock-on events happen, due to the "all reasonable measures" aspect of EC261. But in this case that specific service simply cannot operate and it's by no means certain that a A319 would get through either. Plus by any measure the area has had pretty exceptional weather for the last few weeks. I may be wrong about that, and I wouldn't want anyone to be dissuaded from going to court or CEDR with their claim, but that's my expectation. There are some events where BA is not responsible - that's not in doubt - and then you have to consider whether that would apply here.
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Old May 30, 2023, 2:11 am
  #997  
 
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Originally Posted by corporate-wage-slave
I would not expect a claim here to be successful. In other areas BA loses EC261 when general or knock-on events happen, due to the "all reasonable measures" aspect of EC261. But in this case that specific service simply cannot operate and it's by no means certain that a A319 would get through either. Plus by any measure the area has had pretty exceptional weather for the last few weeks. I may be wrong about that, and I wouldn't want anyone to be dissuaded from going to court or CEDR with their claim, but that's my expectation. There are some events where BA is not responsible - that's not in doubt - and then you have to consider whether that would apply here.
I think it does need someone to take it to CEDR to establish some sort of precedent (obviously it's not binding, but it would give others a good indication of what to expect if they take it to CEDR).

Personally speaking, if there is evidence of other flights being able to land with smaller/better performing aircraft, then I can't see how BA can show that this is exceptional or that all reasonable measures have been applied. OTOH if even these are struggling, then yes, conditions are probably so bad that exceptional circumstances do exist.

Even if an EU/UK261 claim is unsuccessful, there's also an argument that using an A320neo and having to divert so often constitutes a failure to provide the service with reasonable care and skill, as required by the Consumer Rights Act. Unfortunately this only gives rise to the right to obtain a (likely partial) price reduction, so likely much less than the compensation you'd be entitled to under EU/UK261.
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Old May 30, 2023, 2:25 am
  #998  
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Originally Posted by KARFA
usually 3-6 days.
Any idea how long they're taking to respond these days?
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Old May 30, 2023, 2:54 am
  #999  
 
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Originally Posted by chistery
How long do BA generally take to pay up once you get the email saying they have raised the bank transfer?
I received the email confirmation for my recent claim on May 17th, then the funds arrived on May 25th.
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Old May 30, 2023, 3:00 am
  #1000  
 
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Originally Posted by Ollie Brown
No surprise that Ive been rerouted to PSA due to BA continuing to operate the unsuitable A320 Neo on the LHR-FLR route.
Has anyone had any joy claiming EU261 comp for a delay due to rerouting? I know BA will fight tooth and nail but ultimately other flights are able to land if FLR, and they would too if they were operating a smaller aircraft.
The A320NEOs are the most capable aircraft to land at FLR in BA mainlines fleet.
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Old May 30, 2023, 3:31 am
  #1001  
 
Join Date: May 2023
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BA55

My flight was delayed by more than 4 hours and as a consequence made my trip pointless. I cancelled the trip and am in the process of receiving a full refund. My question is if I am now, additionally, entitled to compensation despite me having already agreed to a refund via the cancellation?
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Old May 30, 2023, 3:59 am
  #1002  
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Originally Posted by londonfrequentflyer
My flight was delayed by more than 4 hours and as a consequence made my trip pointless. I cancelled the trip and am in the process of receiving a full refund. My question is if I am now, additionally, entitled to compensation despite me having already agreed to a refund via the cancellation?
Yes. You have to be very, very careful about cancelling flights (for delays it can remove compensation rights), but while you haven't given much detail I'm assuming this was the JNB cancellation on Friday which meant that the flight was retimed to Saturday morning? In which case you can get a full refund and the cancellation compensation as well, since BA won't regard that as delayed. You may need to be in a position to prove that the trip no longer served any purpose, but I suspect BA won't ask for that here. If it was for another date you need to provide more details since if it was delayed rather than cancelled other factors apply. Welcome to Flyertalk and welcome to the BA Forum.
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Old May 30, 2023, 5:27 am
  #1003  
 
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https://www.telegraph.co.uk/travel/t...eshare-flight/

This might be useful for some - According to the article if you end up travelling on a BA booking but actually flying with Vueling on a codeshare, you cant register any potential EC261 claim with Vueling utilising your BA booking reference you need the PNR on your boarding pass. Wasnt sure to post here or on the media thread or if at all ! So please feel free to move or delete !
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Old May 30, 2023, 5:45 am
  #1004  
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Originally Posted by Yetak
https://www.telegraph.co.uk/travel/t...eshare-flight/

This might be useful for some - According to the article if you end up travelling on a BA booking but actually flying with Vueling on a codeshare, you cant register any potential EC261 claim with Vueling utilising your BA booking reference you need the PNR on your boarding pass. Wasnt sure to post here or on the media thread or if at all ! So please feel free to move or delete !
I will slightly expand on this: EC261 always applies to operating airlines, so whether codeshare or prime. Only occasionally will BA be responsible for services operated by other airlines. The main Vueling claim mechanism is a "chatbot" (it's not really, it's just an online form) and that form asks for the the VY PNR, the BA PNR isn't good enough. You can find the Vueling PNR on the boarding pass or via the Vueling App by first entering the BA PNR - it auto translates. You can also claim EC261 from Vueling by ringing them up (0203 514 3971, office hours) or via Twitter Direct Message.
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Old May 30, 2023, 6:06 am
  #1005  
 
Join Date: May 2023
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Originally Posted by corporate-wage-slave
Yes. You have to be very, very careful about cancelling flights (for delays it can remove compensation rights), but while you haven't given much detail I'm assuming this was the JNB cancellation on Friday which meant that the flight was retimed to Saturday morning? In which case you can get a full refund and the cancellation compensation as well, since BA won't regard that as delayed. You may need to be in a position to prove that the trip no longer served any purpose, but I suspect BA won't ask for that here. If it was for another date you need to provide more details since if it was delayed rather than cancelled other factors apply. Welcome to Flyertalk and welcome to the BA Forum.
The flight was originally scheduled for Thursday 19:05 (UK time) and eventually only ended up arriving at the final destination at 03:00 on Saturday (South Africa time). Does your previous judgement still stand?
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