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Compensation for delayed flights Discussion Area
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strawberries1 wrote: »Hi all, BA has refused my claim stating it was an operational circumstances outside their control. The delay was because of a flat tyre. They've offered £15 to cover my meal expense.
"Flight BA0830 on 19 December 2016 was delayed due to operational circumstances outside of our control. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation."
I used Resolver. What can I do?
how long was the delay? both EUClaim and bottonline state that BA830 on 19th December 2016 had a delay of under 3 hours (based on arrival time)
EUClaim - "Your flight had an arrival delay of less than three hours. To be entitled to compensation under EC Regulation 261/2004 your arrival delay must be three hours or more."
Bott - "Our data shows that your flight arrived less than 3 hours late"0 -
Read Vauban's super informative guide. All your answers are in there and continue with your claim, either by the ADR used by BA or via the courts, if necessary.If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Fizz07,
Yes, unfortunately they are correct. EU regulations cannot be enforced when it is a foreign airline departing from outside the EU. Had it been an EU airline you would have been covered.
Sorry.
Many thanks for your reply. That's a shame as 12 hours with no hotel and only a snack once pushed after around 6 hours.
Thanks again0 -
Decision out and Emirates lost - I assume an appeal is imminent... I can't post the link but it is available on the Bailii website - Gahan v Emirates0
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If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Having read some of the arguements and then skipped to the summary, am I correct in thinking that the Judges put both the Buckleys and Miss Gahan's case as a single entity even though there were different causes for the delay? If so, that decision does cover alot of the connecting flight issues?
Emirates have 14 days to appeal yes?
Sorry, I re read. Yes Gahan appeal allowed, Emirates appeal disallowed.
Good news.If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Haven't seen the transcript or report - Emirates can seek permission from CoA to appeal to Supreme Court but if that's refused then they have 28 days to appeal to the Supreme Court. Haven't read decision in full but essentially found in favour of passengers in both instances - most important one from our perspective I suspect is the dismissal of the appeal in Buckley which will allow for compensation where there is a delay on first flight which on its own wouldn't allow for compensation but due to connecting flight results in a compensable delay. Good - but not unexpected, in light of EU cases/guidance - decision by the CoA. Will be interesting to see if any other airlines decide to intervene in any appeal.0
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As I understand it, if the first flight caused no delay from an EU departure airport but flight 2, departing from say Dubai did, then compensation is due. If my understanding is correct, that is a comprehensive decision and should resolve this long standing question.Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.0
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Whilst this delay occurrence is not unique to Emirates, they do seem the worst offenders - maybe the intent of reg 261/2004 will be realised and emirates will improve their operations and business model?If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
how long was the delay? both EUClaim and bottonline state that BA830 on 19th December 2016 had a delay of under 3 hours (based on arrival time)
EUClaim - "Your flight had an arrival delay of less than three hours. To be entitled to compensation under EC Regulation 261/2004 your arrival delay must be three hours or more."
Bott - "Our data shows that your flight arrived less than 3 hours late"
My scheduled arrival time was 15:25 Mon, 19 Dec but my actual arrival time was 22:31 because I missed the connecting flight as a result of that delay. I arrived 7hrs after schedule.
Their defence isn't that I was delayed lass than 3hrs but that it was an operational reason out of their control. Surely,needing to change a tyre isn't or is it?0
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