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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 Jul 17, 2023, 7:47 am
  #1411  
 
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Originally Posted by gcuk
So did BA reimburse you for the hotel you didn't use in BOD because of the delay?
I always understood that was a consequential loss that wasn't reimbursed by the airline.
They will refund for unused nights in BA package holiday bookings, but not for hotels you've booked yourself.
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Old Jul 17, 2023, 8:18 am
  #1412  
 
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Originally Posted by omk298
They will refund for unused nights in BA package holiday bookings, but not for hotels you've booked yourself.
Presumably, that would be a refund from BA Holidays - if the OP had to book additional accommodation prior to departure because of the late cancellation, I assume reimbursement under EC261 Duty of Care would also be due for that accommodation and (reasonable) food and (non-alcoholic) beverages. Plus WiFi, as CWS often points out
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Old Jul 17, 2023, 8:42 am
  #1413  
 
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Originally Posted by corporate-wage-slave
If it was the airport's infrastructure that was the cause of the delay then that does give BA grounds for refusal. So my first reaction would be that BA are correct. However there is a component to this which is around "all reasonable measures", so if they went to a manual process, could that have been done sooner? Would it have resulted in you making the connection? That's best handled via CEDR, and in general there is very little point in have a discussion with BA about this, they rarely change their minds.
Thank you for your advice. Im hesitating to submit a complaint via CEDR as I read that they might charge you a fee if its unsuccessful. Do they usually do this for cases like mine?
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Old Jul 17, 2023, 8:45 am
  #1414  
 
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Originally Posted by Slyk
Thank you for your advice. Im hesitating to submit a complaint via CEDR as I read that they might charge you a fee if its unsuccessful. Do they usually do this for cases like mine?
We haven't heard of a case of CEDR charging their fee. I think it might be applied if they felt you were submitting multiple, vexatious claims - clearly not the case here, where there is an arguable case to be made (even if not a slam-dunk one).
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Old Jul 17, 2023, 12:17 pm
  #1415  
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Originally Posted by Slyk
Thank you for your advice. Im hesitating to submit a complaint via CEDR as I read that they might charge you a fee if its unsuccessful. Do they usually do this for cases like mine?
And to add to that reply, I think an element of this is self selection in a way: if people think there is a fee, and they have a case which is perhaps not clear cut or less obviously eligible, then the fee helps to concentrate the mind. But it's just not charged in reality.
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Old Jul 18, 2023, 3:58 am
  #1416  
 
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Morning, quick question on the best approach to take. I was on BA180 (from Newark) on Friday. A line of storms came through just before push back which caused general departure delays and we were impacted by that.

I was connecting onto BA1338 to Newcastle (last flight of the day) which was scheduled to be a 60 minute connection. We were 35 mins late landing, so absent other factors this wouldnt be BAs issue as weather was the cause.

In reality though the NCL flight was also delayed, it didnt depart until 2124. It was apparent a good couple of hours beforehand that this would be the case. Having run through the tunnels I was at domestic transfer immigration at around 2045. After being asked nicely, the BA staff member called the gate and on discovering it was not yet boarding was happy to override conformance, for me and somebody else who had previously been sent to the rebooking desk. Said other person then got through the boarding pass check on the way into security, but the new boarding pass I had been given was rejected and I was then told I had already been rebooked onto the first flight in the morning and there was nothing they could do to override it.

Clearly the all reasonable measures test has been failed here (all they actually did was use reasonable measures to make absolutely sure I could not make my flight!), and I can see examples in the thread of people successfully claiming compensation in this exact scenario. My question is simply does it matter if I call it delay compensation, IDB compensation or just argue both in the alternative? I dont think it impacts how much compensation would be due, so I assume I can just say either are grounds for payment, but grateful for any advice.
As an aside, the BA buffet provided at the T4 Crowne Plaza/Holiday Inn was pretty grim. Particularly as the restaurant and the bar on the Crowne Plaza side were still serving food and would have been significantly better. For future reference are you actually obliged to eat the dried-out stuff from the buffet which the voucher covers, or could I have ordered an actual meal and just claimed the cost of that?
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Old Jul 18, 2023, 4:01 am
  #1417  
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I was delayed over 4 hours on AA91 (sold as BA1456). I filled in the BA online form yesterday, received an e mail from BA confirming payment today. The delay was caused by Crew Rest Requirement - the inbound flight the previous day was disrupted by weather.
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Old Jul 18, 2023, 4:18 am
  #1418  
 
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Originally Posted by taranty
Morning, quick question on the best approach to take. I was on BA180 (from Newark) on Friday. A line of storms came through just before push back which caused general departure delays and we were impacted by that.

I was connecting onto BA1338 to Newcastle (last flight of the day) which was scheduled to be a 60 minute connection. We were 35 mins late landing, so absent other factors this wouldnt be BAs issue as weather was the cause.

In reality though the NCL flight was also delayed, it didnt depart until 2124. It was apparent a good couple of hours beforehand that this would be the case. Having run through the tunnels I was at domestic transfer immigration at around 2045. After being asked nicely, the BA staff member called the gate and on discovering it was not yet boarding was happy to override conformance, for me and somebody else who had previously been sent to the rebooking desk. Said other person then got through the boarding pass check on the way into security, but the new boarding pass I had been given was rejected and I was then told I had already been rebooked onto the first flight in the morning and there was nothing they could do to override it.

Clearly the all reasonable measures test has been failed here (all they actually did was use reasonable measures to make absolutely sure I could not make my flight!), and I can see examples in the thread of people successfully claiming compensation in this exact scenario. My question is simply does it matter if I call it delay compensation, IDB compensation or just argue both in the alternative? I dont think it impacts how much compensation would be due, so I assume I can just say either are grounds for payment, but grateful for any advice.
As an aside, the BA buffet provided at the T4 Crowne Plaza/Holiday Inn was pretty grim. Particularly as the restaurant and the bar on the Crowne Plaza side were still serving food and would have been significantly better. For future reference are you actually obliged to eat the dried-out stuff from the buffet which the voucher covers, or could I have ordered an actual meal and just claimed the cost of that?
I'd keep it simple and stick to IDB - ultimately it seems likely your claim will be rejected, so just keep your claim as brief as possible (1 or 2 sentences) so that it hopefully gets put into the "quick and easy" pile and is processed within a couple of days or a week, rather than the "difficult" pile, taking several weeks or a month or more. Then you can get the ball rolling on CEDR quicker, if need be.

I've noted this before with the BA buffet at the Renaissance hotel. A very poor offering, particularly for those who were travelling in Business/First and could quite reasonably expect some decent food and alcoholic drinks in the lounge or onboard the flight.
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Old Jul 18, 2023, 6:03 am
  #1419  
 
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Originally Posted by corporate-wage-slave
Two weeks isn't a long time, by BA standards, unfortunately, and I give the same answer as in post 1386 just above. If you go back a few pages you will see other people's varying experiences here. At 8 weeks go to CEDR.

I can't see the Right to Care elements being controversial, indeed some people would buy a new child's car seat in similar circumstances. EC261 depends on circumstances and details, but most cancellations are claimable at the moment.
Thank you! I will check with the chatbot!!
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Old Jul 18, 2023, 6:25 am
  #1420  
 
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Asking for a friend.
He was booked to fly from CPH-MAN. His flight was cancelled and he was routed CPH-LGW and got a train to Manchester.
He lives in Scotland and the airline have ignored his requests for compensation and expenses.
Am I right that he can take them to court in E&W, Denmark or Scotland? E&W as it was the destination and Denmark as the origin, but could he bring his UK261 claim in Scotland as that's his domicile? I don't know.
​​​​Searching online I think in the EU you can enforce 261 rights in your domicile but post Brexit I am unsure as to the position of this in the UK. Of course 261 lives on here as UK261 but I don't know on the question of where to take the legal action.
Thanks.
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Old Jul 18, 2023, 1:42 pm
  #1421  
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Originally Posted by squeeler
I was delayed over 4 hours on AA91 (sold as BA1456). I filled in the BA online form yesterday, received an e mail from BA confirming payment today. The delay was caused by Crew Rest Requirement - the inbound flight the previous day was disrupted by weather.
AA91 is to ORD and BA1456 is to EDI, so I think you've got those mixed up somewhere.
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Old Jul 18, 2023, 2:18 pm
  #1422  
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Originally Posted by taranty
As an aside, the “BA buffet” provided at the T4 Crowne Plaza/Holiday Inn was pretty grim. Particularly as the restaurant and the bar on the Crowne Plaza side were still serving food and would have been significantly better. For future reference are you actually obliged to eat the dried-out stuff from the buffet which the voucher covers, or could I have ordered an actual meal and just claimed the cost of that?
For your main question, you don't have to home in on one cause, so IDB (citing the Cachafeiro case) plus Reasonable Measures can ride in the same application to CEDR, I would say CEDR is inevitable here. For the hotel and meal issue, see the main disruption thread, where the advice is that it's best to sort yourself out and send in the bill. Both hotel and / or meals and/or not-Hoppa.
Disruption Assistance thread - signposts and what you need to know
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Old Jul 18, 2023, 2:22 pm
  #1423  
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Originally Posted by AviosTreasureHunter
Asking for a friend.
He was booked to fly from CPH-MAN. His flight was cancelled and he was routed CPH-LGW and got a train to Manchester.
It's best to name the airline, since ADR varies. SAS is on ADR (and use CEDR as it happens). If it's not BA then custom and practice will vary (and indeed varies a fair amount within BA).
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Old Jul 18, 2023, 2:37 pm
  #1424  
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Indeed. BA1546 to ORD was the flight.
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Old Jul 18, 2023, 2:45 pm
  #1425  
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Originally Posted by squeeler
Indeed. BA1546 to ORD was the flight.
It's just a bit odd that BA paid up: it's always the operator's responsibility. The one exception is where refunds are involved - it's still the operator's responsibility but the marketing airline typically holds the funds.
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