Alright Road Warriors

http://www.usatoday.com/story/travel/columnist/hobica/2016/10/25/european-airlines-compensation/92680402/

 

Returning from our Med Cruise on July 15th, our BA flight 227 was delayed.

Scheduled departure at 4:10PM. Our actual departure from LHR to ATL was at 7:19PM according to FlightAware.

If I remember correctly, the reason for delay was because the flight crew was stuck in a huge traffic mess and trying to get to the airport.

 

Our seats were points, so therefore non-rev.

 

Is/are ?? my wife and I entitled to compensation under the above mentioned rule.

 

I know, I could just apply and see what happens, but sometimes you guys are more fun. :)

Edited October 26, 2016 by klfrodo

It's not how late it takes off, it is how late it arrives. How late were you?

 

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It's not how late it takes off, it is how late it arrives. How late were you?

 

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Scheduled 8:05PM

Actual 11:05PM

Exhibit A:

http://www.flyertalk.com/forum/british-airways-executive-club/1423973-ba-compensation-thread-your-guide-regulation-261-2004-2013-archive.html

Exhibit A:

http://www.flyertalk.com/forum/british-airways-executive-club/1423973-ba-compensation-thread-your-guide-regulation-261-2004-2013-archive.html

 

Thanks for the link and the info.

 

I went to BA.com and filed for the compensation.

 

I didn't expect anything from the beginning. I'm too used to US based airlines and their freedom to thumb their nose at us poor travelers.

Then, since it was award travel, I expect nothing.

With the delays being just right at the 3 hour mark plus or minus, I expect a corporation to somehow determine the delay was 2 hrs. 59 mins, therefore we owe you nothing.

 

If the wife and I do get compensated,,,, a welcome surprise and a warm spot in my heart for BA. ( I'm sure that will make the stock price increase)

I claimed EU261 compensation a few years ago against BA. The first response was that my case was ineligible. I presented case facts to show it wasn't and after being told a second time I was ineligible I stated I was going to file through small claims court online if I didn't receive a response in X hours. I used Moneyclaim to file and then heard from someone higher up at BA stating they were happy to offer me the 600 Euros plus my court expenses in the form of a BA e-voucher. Given the amount I spend annually on BA that was as good as cash for me.

I just read the article and it didn't cover one thing I'm curious about.

 

If you book a ticket with a code share that is issued by Iberia but American is operating the flight would these rules still apply?

 

In the article they covered this but the opposite way of booking with American but the flight is operated by Iberia saying it is covered.

 

Thanks!

 

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Our seats were points, so therefore non-rev.

 

 

Your seats were not really non-rev. You paid for them, you simply used points instead of cash. In airline lingo, "non-rev" typically refers to situations in which airline employees, or their friends via the used of buddy passes, fly without paying for their ticket with either cash or miles/points.

The article states that one of the eligibility criteria for compensation is "the delay or cancellation was within the airline’s “reasonable” control"."

 

Assuming that is accurate, I wouldn't expect a flight crew being caught in a traffic jam to be considered "within the airline's reasonable control".

 

Of course you might be pleasantly surprised and receive compensation regardless.

I just read the article and it didn't cover one thing I'm curious about.

 

If you book a ticket with a code share that is issued by Iberia but American is operating the flight would these rules still apply?

 

In the article they covered this but the opposite way of booking with American but the flight is operated by Iberia saying it is covered.

 

Thanks!

 

Sent from my SM-G920V using Forums mobile app

 

Assuming the article is accurate, it seems pretty clear to me that you have to be flying on a European-based airline. That reference is made numerous times in the article:

 

"when you fly on a European-based airline";

" flying on a European-owned aircraft";

"a flight operated by a European-registered airline";

"travel on any European-operated aircraft "

"As long as you’re scheduled to fly via a European-based airline"

 

And the title of the article is:

 

"Why European airlines give you better consumer protection".

 

If you could get the same protection by booking a US airline through a European carrier codeshare I think the article would have said so.

Assuming the article is accurate, it seems pretty clear to me that you have to be flying on a European-based airline. That reference is made numerous times in the article:

 

"when you fly on a European-based airline";

" flying on a European-owned aircraft";

"a flight operated by a European-registered airline";

"travel on any European-operated aircraft "

"As long as you’re scheduled to fly via a European-based airline"

 

And the title of the article is:

 

"Why European airlines give you better consumer protection".

 

If you could get the same protection by booking a US airline through a European carrier codeshare I think the article would have said so.

That's what I was thinking, but wasn't sure.

 

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Incorrect...it also applies to non-EU airlines when departing from an EU country.

 

So, hypothetically your United flight TO the EU is not covered, but United flights FROM are. The "advantage" to flying an EU airline is that the flights into the EU are also covered, due to the "home base" of the airline.

 

But, since this was USA Today, the mistake is understandable. I can't believe how much inaccurate (or in this case, incomplete) info gets published there.

Received my response from BA today. Took right at a month for them to get back.

 

BA's official departure and arrival times show that our delay was 173 minutes, therefore "my claim for compensation under EU Regulation 261/2003 has been refused."

 

missed out on 1200 BSP by 7 minutes.

Received my response from BA today. Took right at a month for them to get back.

 

BA's official departure and arrival times show that our delay was 173 minutes, therefore "my claim for compensation under EU Regulation 261/2003 has been refused."

 

missed out on 1200 BSP by 7 minutes.

 

That's probably right. They use departure time as leaving the gate, flight aware uses the wheels up time. That is why it didn't appear that short at first.

Scheduled 8:05PM

Actual 11:05PM

Received my response from BA today. Took right at a month for them to get back.

 

BA's official departure and arrival times show that our delay was 173 minutes, therefore "my claim for compensation under EU Regulation 261/2003 has been refused."

 

missed out on 1200 BSP by 7 minutes.

That's probably right. They use departure time as leaving the gate, flight aware uses the wheels up time. That is why it didn't appear that short at first.

Departure time has nothing to do with it. The key time is the arrival time at the gate - in fact, technically when the doors have been opened and passengers begin to disembark. The delay is the time from scheduled time of arrival to that time.

 

FlightAware says that your flight landed at 2251 (10.51 pm). If the delay was 173 minutes and the scheduled time of arrival was 2005, that would be a 10.58 pm arrival, which is consistent with that landing time. So unless there was a significant delay before the doors were opened, it looks like it was sadly a close one in the wrong direction.