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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 Jan 14, 2023, 12:58 pm
  #91  
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Originally Posted by Flying Star
Thank you - that is helpful. I am guessing neither would be an option if you reside outside of the UK. Just curious as to why a number of emails initially, to nothing at all for the last 3 months. I am a little worried that an action or response is needed from my end, hence the question if it was somewhere to check.
CEDR is available to everyone, you don't need to be based in the UK. Gibraltar has a nearly identical small claims process as England and Wales, if you are a Gib resident, though I'm not sure whether BA would agree to participate.
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Old Jan 16, 2023, 7:45 am
  #92  
 
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Hi there, I had a quick question regarding compensation for 2 of my flights I took in December, both of my flights got cancelled a day and a half before I was to fly and I was moved onto later flights,
the flights were from ARN to LHR and LHR to LAX
on-top of BA moving my flights, I was involuntarily downgraded from Club Europe to euro traveler on the ARN to LHR leg.
further details are posted in an earlier post I made (found here)
I was originally supposed to arrive at LAX at 15:55 but due to the changed flight and a delay leaving Heathrow I arrived at LAX at 20:24. Would this entitle me to the €600 compensation for the delay?
and if so would the downgrade compensation be included or added on-top?
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Old Jan 16, 2023, 9:23 am
  #93  
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For a delay of between 3 and 4 hours, you are entitled to 300 Euros (or £260 under UK261 if more advantageous - contrary to the last post in your other thread, you can claim under either). For over 4 hours, as in your case, it's 600 Euros (or £520).

The downgrade compensation is on top, but it will be tiny because it's based on the percentage distance, and at 30% given the distance on that leg. You should claim it, but it may not even pay for a drink in central Stockholm ...

The distance ARN-LHR-LAX-LHR-ARN (assuming you bought a return ticket) is 12,733 miles. The affected leg was 911 miles - 7.15% of your total journey. If you then apply the 30% to this, you will be claiming 2.15% of your total fare, less government/airport taxes per the Mennens formula. If your flight cost (say) £1000 excluding taxes, you're getting £21.50 back.

You specifically need to claim for both - BA will not assume you want both sets.
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Last edited by NWIFlyer; Jan 16, 2023 at 9:31 am
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Old Jan 16, 2023, 10:12 am
  #94  
 
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YUL-LHR-RAK on BA with a connection time of 2 hours at LHR.

YUL-LHR has a delay of about 2 hours on departure and arrival due to snowfall and slow loading of bags at YUL. After landing at LHR, I learn that I have been automatically rebooked on LHR-CDG-RAK (BA/AF) that would lead me to arrive in RAK 5 hours later than originally ticketed/scheduled.
At the LHR Terminal 5 connections desk, I instead request to be put on the BA LHR-RAK flight of the following day and get meal/hotel vouchers, which was granted.

Do you guys think I'm eligible for the €600 or £520 delay compensation ?
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Old Jan 16, 2023, 12:50 pm
  #95  
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Originally Posted by hoipolloi
Do you guys think I'm eligible for the €600 or £520 delay compensation ?
You could try, but BA's fairly strong argument will be that you rebooked yourself knowing the timetable. Obviously your counter argument is that there wasn't anyway that BA could get you to RAK within 3 hours. But snowfall may well kill off your claim too, So I wouldn't count on this being successful.
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Old Jan 17, 2023, 12:56 am
  #96  
 
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Advice needed - Delayed due to Technical Reason, Claim denied.

I have searched other posts, but can’t find a comparable thread.

I was on BA0085 (LHR-YVR) on the 12th December, 2022, which was eventually delayed by around 3:07 hours, due to “Technical reasons”

All boarding was complete, and we sat at the gate for about 4 hours, and made some time up on the eventual flight.

1st officer stated this was due to a “dent” being found on one of the flight surfaces during the pre-flight walk around, and engineering checks were made before the flight was cleared to depart.

FYI - Flight Radar shows arrival as 2:56 hours late, but not sure if there is a way to find the “official” time from BA? is this the time that air bridge is connected, and door open?, If so, by my timing it was 3:07 hours late.

I was under the impression that “technical faults within the reasonable control of the airline” are covered under the relevant compensation regulations / guidelines?

Obviously safety first, no doubt about that!, but should this be included?, are there not post flight checks where this should have been potentially identified from the inbound flight?

A month after submitting my claim I got the standard;

Your claim's been refused because BA0085 on 12 December 2022 was delayed because of technical reasons”

Is this potentially excluded as it was a “safety” issue?

Thank you for any insight.
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Old Jan 17, 2023, 1:08 am
  #97  
 
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It is the time the door opens. This is recorded by BA, but they will not provide it to you.

The question is whether a dent on a flight surface found on a walk round constitutes extraordinary circumstances.

This isn't as clear cut as saying all technical errors aren't extraordinary circumstances, the cases on which that presumption has been made, are failures of equipment which are preventable by airline maintenance.

Additionally, BA may be able to also argue if any other factors were involved, that are extraordinary circumstances, this may take the delay under the requirement for compensation.

Ultimately, it will be for BA to demonstrate sufficient delay is caused by extraordinary circumstances. My suggestion would be to just now put in for CEDR.

For info, there is a thread where these issues are already discussed (the EC261/04 thread).
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Old Jan 17, 2023, 1:13 am
  #98  
 
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Excellent, thank you.

Originally Posted by navylad
It is the time the door opens. This is recorded by BA, but they will not provide it to you.

The question is whether a dent on a flight surface found on a walk round constitutes extraordinary circumstances.

This isn't as clear cut as saying all technical errors aren't extraordinary circumstances, the cases on which that presumption has been made, are failures of equipment which are preventable by airline maintenance.

Additionally, BA may be able to also argue if any other factors were involved, that are extraordinary circumstances, this may take the delay under the requirement for compensation.

Ultimately, it will be for BA to demonstrate sufficient delay is caused by extraordinary circumstances. My suggestion would be to just now put in for CEDR.

For info, there is a thread where these issues are already discussed (the EC261/04 thread).
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Old Jan 17, 2023, 3:43 am
  #99  
 
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Hi quick question:
I was informed by BA on the day of departure that my JNB - LHR flight was > 12h delayed due to operational reasons.
I called BA, and they kindly rerouted me via Qatar. This arrived around 6h after the original flight was planned, but 6h before the delayed flight.
Assuming the original flight was delayed for reasons within the control of the airline, I presume I am due EC/UK261 compensation? My only concern would be that the original flight wasn't cancelled, but delayed, and I didnt actually end up taking the original flight. But the change was put down to 'invol reroute' and I was given the flight that got me in the soonest.
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Old Jan 17, 2023, 8:29 am
  #100  
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Yes, you were still delayed 6 hours, so you're open to EC261 for the delay. I'm kind of conflicted about this, since BA clearly did their best to minimise the delay, and yet had BA decided to take a hard line it would amount to the same cost to them, whether 6 horus or 12 hours. But that's beyond the remit of the question, to which you clearly have a case and I would expect a short claim to EC261 would be swiftly paid off.
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Old Jan 17, 2023, 9:11 am
  #101  
 
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Originally Posted by corporate-wage-slave
Yes, you were still delayed 6 hours, so you're open to EC261 for the delay. I'm kind of conflicted about this, since BA clearly did their best to minimise the delay, and yet had BA decided to take a hard line it would amount to the same cost to them, whether 6 horus or 12 hours. But that's beyond the remit of the question, to which you clearly have a case and I would expect a short claim to EC261 would be swiftly paid off.
yes I do see your point. But BA saved a hotel stay by rerouting me, and if you saw the amount that was paid for the semi-flexible J ticket, £500 wouldn’t touch the sides. But exactly the same compensation would be due for a £300 dirt cheap economy fare… From their point of view they are perhaps a little unfortunate they didn’t get me there within 4h of the original time.
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Old Jan 17, 2023, 9:53 am
  #102  
 
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LAX - LHR 17/12/22 refused on the basis of bad weather. The inbound flight was delayed to LAX and we were sat on the ground for 60 mins waiting for a gate. Door opened at +3hrs 53 mins. I presume the next stage is CEDR. This was not weather. Was never announced as weather, but now suddenly is weather. The weather was not bad that day. It was 6 degrees C, 11mph winds and light rain
Dear i_concur
An update from British Airways
We’re sorry it was necessary to delay your flight BA0268 to London Heathrow on 17 December 2022 and understand why you needed to get in contact about this. We take all reasonable measures to avoid delaying a flight and we’ll always consider if there are any alternative solutions available before we make a decision.
Your claim's been refused because adverse weather conditions. Due to the weather conditions Air Traffic Control imposed restrictions on the number of flights that could arrive at London Heathrow. Although some flights were able to operate as normal, your flight was one of those we had to delay.
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. 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.
In normal conditions, up to 46 flights per hour are scheduled to arrive at London Heathrow. When London Heathrow is affected by bad weather, Air Traffic Control reduces the amount of flights that can arrive at the airport. When Air Traffic Control imposes restrictions on the amount of flights that can arrive, departures are also affected, which results in delays.
Thanks again for following this up with us. Please feel free to contact us if we can help you any further and I hope we have the chance to welcome you on board again soon.
Best regards

British Airways Customer Relations
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Old Jan 18, 2023, 1:16 am
  #103  
 
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BA1483 GLA-LHR 12 December: Compensation of €250 on the way. Still waiting on DoC expense report to be approved.

Thank you C-W-S and others on this (and last year’s) thread for your help.
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Old Jan 18, 2023, 3:18 am
  #104  
 
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Originally Posted by corporate-wage-slave
Yes, you were still delayed 6 hours, so you're open to EC261 for the delay. I'm kind of conflicted about this, since BA clearly did their best to minimise the delay, and yet had BA decided to take a hard line it would amount to the same cost to them, whether 6 horus or 12 hours. But that's beyond the remit of the question, to which you clearly have a case and I would expect a short claim to EC261 would be swiftly paid off.
However, the passenger was entitled to insist on re-routing at the earliest opportunity, so it's not like BA was (legally speaking) doing them a favour. Whilst it's arguably a harsh outcome for BA, these kinds of occurrences are quite rare.
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Old Jan 18, 2023, 3:23 am
  #105  
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Originally Posted by flarmip
However, the passenger was entitled to insist on re-routing at the earliest opportunity, so it's not like BA was (legally speaking) doing them a favour. Whilst it's arguably a harsh outcome for BA, these kinds of occurrences are quite rare.
Absolutely and the regulation exists not for the airlines, it's for the passenger's benefit. I guess the other factor here is that a combination of geography and fairly limited service coverage by airlines for South Africa made this an outcome, and that limited service provision usually helps BA's profitability.
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