isdnman

Hi. There

I had a hard time telling if I am eligible for compensation
My routing is follows and I had a 10 hour lay-over in JFK (overnight)
day 1 AM PVG-LHR(BA)
day 1 PM LHR-JFK(BA) arriving JFK at 2210 hours
day 2 AM JFK-SFO(BA code-share with AA metal) departing JFK at 0800 hours arriving SFO at 1150 hours

So PVG-LHR runs late and missed connecting to LHR-JFK and that is the last flight of the day.
I had to fight to be rerouted via UA departing LHR 0920 and arriving in SFO at 1230 hours

Am I entitled to any compensation regarding UK261 other than the hotel room in London ?
Thanks and best regards

scottishpoet

You got re routed direct to sfo from lhr and arrived 40 minutes later than your original schedule?

corporate-wage-slave

No compensation since you were not over 3 hours late into SFO, indeed it's the Regulation working as it should.

isdnman

Thanks. It if wasn't for thanksgiving dinner, I could have taken the afternoon BA flight or the original routing and get 600 Euros.
Pity the morning LHR-SFO flight was cancelled weeks in advance due to low demand during Thanksgiving so had to take the UA flight.

AviosTreasureHunter

I have put in an objection. Mainly on the grounds that all the leg work has been done (evidence all submitted, just awaiting final hearing now) and this new process Easyjet wants seems to involve going through all the motions all over again which will be a considerable waste of my efforts so far.
Easyjet have asked for the hearing to be cancelled and everything to be transferred to this Luton Airline System which will apparently not involve a hearing.
Never seen this before with any other airline I have taken to Court.

stifle

That's incorrect.

This was a cancellation.

The threshold for reducing the compensation by 50% on a cancellation of a flight over 3500km is that a passenger is offered re-routing that would get them to their destination less than 4 hours late, not 2. This is as per article 7 (2) of the UK version of regulation 261.

The passenger was indeed offered such re-routing (and presumably transport between LGW and LHR), but chose not to take it.

The compensation due is �260.

sayling

I think you need some clarification here... the Luton Justice Centre you mentioned in the original post is the name of the Luton Courts (County, Family, etc) in the building at Luton.
You also referred to the Global Airline System (not Luton) in your original post, which sounds more like an aviation arbritration service, and I can't find reference to the Luton Airline System you refer to here

AviosTreasureHunter

Hi, it is a very confusing email from Easyjet.
All was fine and I am awaiting a Court date in July at my local county court, both sides filed everything already.
Easyjet did request Luton as their preferred court in the original direcitons questionnaire but ultimately the claim was referred to my local court who scheduled a hearing I could not make and ultimately at my request re-rscheduled to a date I can now make.
The email says

Dear Sirs,

XXXX v easyJet Airline Company Limited
Case No. XXXX
Hearing date: XXXX

Under the request of the Luton Justice Centre, all easyJet civil claims cases should be heard by them under the Global Airline Arrangement. They host specialist lists and judiciary who manage easyJet Airline cases.

Please can I ask you to arrange for the case to be transferred and vacate the upcoming hearing on 17th July.

The claimants are in copy.

Yours Sincerely

They have attached a document of this order from Luton County Court, but it is not an Order that all Easyjet claims in the UK must be heard by them, it is just an Order explaining how claims against Easyjet, TUI or Wizzair should be filed if filed with them. My claim is not filed with.
I have gone back to the Court and objected saying I feel this is a tactic to delay proceedings.
Also pointed out my claim is against Easyjet UK Limited who operated the flight, not Easyjet Airline Company Limited. They cannot even get the name of the Defendant correct.

TabTraveller

Presumably D has filed with your local county court and served you with a N244 application? D will have to set out their reasons for wishing to vacate the hearing that has been listed. When is the hearing? You are entitled to oppose the application and it is likely that - if opposed - the application will be heard by your county court.

Ds don�t get to cherry pick courts in England so unless there is a good reason to vary the directions and the order(s) already made, I would expect that D�s application would fail.

flight209er

Hi new to the forum as you can tell.


Came looking for some advice.

I had a downgrade on a recent JFK to LHR flight (10 May). It was a real downer as it had been a long week and I was looking forward to a rest on the night flight (BA116). I'd booked WTP (W fare) and got moved to WT.


It was not a slick experience and all a bit vague, hence asking for advice.


At 24 hours, I went to check in on the app but it refused to work with a message saying I had to contact the desk (or similar). But up to that point I'd be able to select seats (Bronze member) and had picked 34E from what was left those days in advance.


So I got to the airport early (ish) and queued up to be told they had oversold by 6 seats. In truth I later discovered the aircraft changed from a scheduled 777-3 to a 787-10 so they had lost 5 from what was showing on the seat map before check in opened.


Anyway, I was given (not offered) 30C in WT. There was no discussion, no alternatives or any offer of compensation / reimbursement. I was polite but expressed dissatisfaction that I'd paid top whack for WTP and was still being downgraded and whilst the guy at the desk wasn't unfriendly, he did nothing to help or explain and my polite remonstration fell on deaf ears and I got given my boarding pass. Also slightly miffed that two off-duty cabin crew ahead of me in the queue were given seats on the earlier BA112. Not an option for me.


Another annoyance was that my WT boarding pass lacked fast track security which was sub-optimal on a Friday evening at JFK. I queued for about an hour.


On the aircraft, it was not brilliant either as it turns out 30C does have leg room but no storage and nowhere to hang my jacket. Also, its by two toilets so there's constant footfall in front of the seat and noise from the flushes. Honestly not a seat I'd recommend. Cabin crew were brilliant though, really understanding, even got me a WTP meal. Really, really great team.


But, as of now I've not had anything from BA. Bizarrely, they credited me 90TPs almost immediately so I got WTP points from my WT flight. I have also discovered that is very difficult to raise a claim for a downgrade using the website. There is no downgrade form. Only flight cancellation or refund of seat options. Very frustrating.


To try and figure it out I've spoken to two BA team members using the online chat. The first couldn't see that I'd been downgraded. So that went nowhere. The second claimed to have raised a claim for me, but I've had no confirmation / ref number. I have since raised a claim using the seat refund claim, which it isn't, and had a ref number by email, but no news as of yet.


So, what can I expect? 75% is the designated reimbursement, but any experiences of the reality?


What would people think reasonable in the circumstances i.e. W fare on a night flight downgraded into economy. It's not like First to CW where you at least have a bed. Would welcome advice. Thank you!

flarmip

There is no such company as easyJet UK Limited - so if you have claimed against that name, easyJet could even be argued to be doing you a favour by handling the case anyway, rather than saying "that's not us".

I don't think this is necessary a delaying tactic, but obviously it is frustrating either way. I think given the circumstances, it is perhaps more reasonable in your case to stay in the currently allocated court. I have had cases against Ryanair and BA moved to Liverpool, which - although not my closest court - isn't so far away that I consider it worthwhile objecting.

corporate-wage-slave

Welcome to Flyetalk and welcome to the BA forum.

BA does pay Mennens downgrade reimbursement, but it may not amount to a lot of money depending on your fare. It's not a flat 75%, the wiki has a link to the posts where you can work out the amount for yourself. There is a refund area on the Portal, but just go "Departures" then "I could not get on my flight" then "overbooked". In the text box claim for Mennens downgrade reimbursement. After giving BA 8 weeks to reply, by all means revert back here for more advice.

AviosTreasureHunter

https://find-and-update.company-info...mpany/10886978

You are incorrect.
Easyjet UK Limited is the operator of Easyjet's UK registered planes. As the 'Operator' it is the entity with the liability under UK/EU261 even if the contract is with the parent company.

https://en.wikipedia.org/wiki/EasyJet_UK

Also from Easyjet T&C's:

https://www.easyjet.com/en/terms-and-conditions

Flying with easyJet

1. When you book a flight with us, your Booking and contract is with easyJet Airline Company Limited. Your flight will however be operated by one of the three operating airlines in our group set out below, all of which offer the same easyJet service on board and throughout your journey. All flights are governed by these Terms.
2. If your flight number begins with:
   1. EZY, your flight will normally be operated by easyJet UK Limited, whose registered office is at Hangar 89, London Luton Airport, Bedfordshire, UK, LU2 9PF (VAT no. GB 302620751);
   2. EJU, your flight will normally be operated by easyJet Europe Airline GmbH, whose registered office is at Wagramer Stra�e 19, 1220 Vienne, Austria, (VAT no. AT U72316013); and
   3. EZS, your flight will normally be operated by easyJet Switzerland S.A, whose registered office is at 5 route de l’Aeroport, 1215 Geneva 15, Switzerland (VAT no. CH 106.034.481).

For the BA cases moved to Liverpool - Please can you provide the reason why they were moved? And did BA do it properly by filing a N244?
In my instance this case would be being moved from the NW England to Luton so not convenient for me.

AviosTreasureHunter

Yes this is my thinking too.
All the Defendant did was request Luton in the original directions questionnaire before allocation, ultimately on recieving the completed forms, the Courts then allocated the case to St Helens. It has now already been allocated to a Judge and with a hearing date that is convenient to all parties.
The Defendant has not filed any formal request for a change of Court, just sent that email. They are alluding to it being an order of Luton Court that all Easyjet claims must be heard there, but this is not correct.
I have objected and will report back on the outcome.

sayling

I believe the actual position under the CPR is that where the defendant is an individual, the case - on being defended - automatically transfers to the defendant's home court. There is no automatic transfer where the defendant is a company, however.

This just looks like an email to the current court asking for the listing to be de-listed and the matter transferred to Luton, in EasyJets 'manor'. Attaching the guidance from Luton as an 'order' sounds a bit cheeky. Whether they filed any official paperwork to have the case transferred is not clear...

At the end of the day, CPR 30 and CPR PD 30 govern all this and I would suggest EasyJet would like the Judge to pay close attention to 30.3 (2) (c) in the former. It may be that AviosTreasureHunter might have to request (to Luton) a transfer back again, if their local court agrees with EasyJet.

However, it may be worth finding out how they conduct proceedings at Luton before making that decision. With BA, they requested - and were granted, despite my protestations - a move to Uxbridge. The hearing was conducted by a telephone conference call service, BA didn't dial in, and so it was just me and the Judge working out the finer details of how much BA were going to be told to pay me. It was nerve wracking, but at least I could sit in the comfort of my own home with a relaxing cigarette* and a cup of coffee as we discussed things.


* I think this may have been forbidden... oops!