Compensation for delayed flights Discussion Area

Tyzap · 20 December 2017 at 6:48PM

Hi Big Leon,

It looks like they are claiming that crew sickness exempts them but admit the flight was over 3 hours late.

Please post your full flight details so we can check a few things.

There are one or two occasions when crew sickness may be a acceptable exemption but they would be rare. BA should give you full details of how any why this sickness is deemed to be an EC in their view, but they always refuse.

Put your flight details into an online flight delay calculator to confirm that you delay is claimable.

I would then ask BA to refer your case to CEDR who will adjudicate on your behalf. Read 'Vaubans guide' too for lots of info, details below in my signature.

Good luck.

big_leon · 21 December 2017 at 12:50PM

Caz3121 wrote: »

what was your routing? Is the flight number correct? BA2831 shows as an Alaska codeshare flight from SEA-OGG

Hi Caz and Tyzap, thanks for the prompt responses!

Here's the routing:

Booking reference: UB4A84
Existing complaint reference:
Flight number: BA3281
Departure airport: Ronaldsway Airport, IOM
Scheduled departure time: Sat 2/12/17 7:00
Arrival airport: London City Airport, LCY

https://www.flightradar24.com/data/flights/ba3281

(Looks like BA made a copy paste error!)

I've asked BA for a formal written response as to why they think crew sickness is a 'extraordinary circumstance'.

Thanks!

Tyzap · 21 December 2017 at 3:55PM

big_leon wrote: »

Hi Caz and Tyzap, thanks for the prompt responses!

Here's the routing:

Booking reference: UB4A84
Existing complaint reference:
Flight number: BA3281
Departure airport: Ronaldsway Airport, IOM
Scheduled departure time: Sat 2/12/17 7:00
Arrival airport: London City Airport, LCY

https://www.flightradar24.com/data/flights/ba3281

(Looks like BA made a copy paste error!)

I've asked BA for a formal written response as to why they think crew sickness is a 'extraordinary circumstance'.

Thanks!

Hi,

It looks like BA used a different aircraft for that flight. Normally it would be a Saab 2000 turbo prop ( belonging to Eastern Airways, a franchise operator I believe.

However on the flight in question a BA Cityflyer Embraer 190 twin jet was used, which may indicate that it was the pilot or co pilot who was ill.

Good luck.

Nordictat2 · 21 December 2017 at 3:57PM

Tyzap wrote: »

Hi Nordictat2,

That sounds like you had an awful trip thanks to Norwegian Airlines.

It appears that you will get compensation, cost and expenses for the first delay.

Two claims for one delay is a debatable and unclear issue at the moment.

If you were issued with a boarding card for the second flight I would claim for it too, but keep the two claims completely separate, and see how they go.

I assume you mean 1 day and 6 hours late all together. 6 hours just for the second flight?

Good luck.

Update: 1 claim has been accepted..including the hotel I had to book in NY and food but it seems if I want 2 comps I need to file 2 separate ones..which I didn't do (I had sent it before reading your reply). It took them many weeks to reply back they said:

Thank you for contacting us with your claim.

Unfortunately, Norwegian flight DY7002 (JFK-OSL) 09.11.2017 was delayed by 7 hours and 6 minutes. Despite our best efforts, we were unable to avoid the disruption to this flight*.

Based on the nature of this disruption you're entitled to standard EU compensation: 600 EUR pp. (600 EUR).

On this occasion, we'd be happy to reimburse all of the costs claimed:

- food (35,62 USD)

- hotel (135,77 GBP)

We thank you for providing us with your bank account details and we assure you that the approved amount above will be transferred to your nominated account within reasonable time.

We apologise for the inconvenience caused on this occasion and hope to have the opportunity to welcome you on board a Norwegian flight when you next choose to travel.

Kind regards,

The Customer Relations Team

Now...I just have to wait to see how long it will take for them to pay up but I am glad I didn't have to fight them on this claim! Phew! :T

big_leon · 21 December 2017 at 3:58PM

Tyzap wrote: »

Hi,

It looks like BA used a different aircraft for that flight. Normally it would be a Saab 2000 turbo prop ( belonging to Eastern Airways, a franchise operator I believe.

However on the flight in question a BA Cityflyer Embraer 190 twin jet was used, which may indicate that it was the pilot or co pilot who was ill.

Good luck.

Hi Tyzap,
Yes, that's correct. They had to fly in a separate plane and crew from City airport to come pick us up.

Would that make a difference in the 'extraordinary circumstances' discussion?

Thanks!

Tyzap · 21 December 2017 at 4:17PM

big_leon wrote: »

Hi Tyzap,
Yes, that's correct. They had to fly in a separate plane and crew from City airport to come pick us up.

Would that make a difference in the 'extraordinary circumstances' discussion?

Thanks!

As always, the devil is in the detail.

I think the most crucial element now is how much time they had to react to the report of a sick crew member and where that crew member was, IOM or LCY.

Can you shed any light on this?

big_leon · 21 December 2017 at 5:02PM

Tyzap wrote: »

As always, the devil is in the detail.

I think the most crucial element now is how much time they had to react to the report of a sick crew member and where that crew member was, IOM or LCY.

Can you shed any light on this?

Hi again,
The only detail I had was a text message from BA at 5.24am (1.5 hours before the flight) saying the following:

"Flight BA3281 on 02-Dec/IOM - Please be advised that due to crew sickness the BA3281 will be delayed until approx. 10.25"

JPears · 21 December 2017 at 6:22PM

So they already knew at least 90 minutes before departure that crew sickness was a factor. Given that they would have had to make several operational decisions to find a new crew or aircraft, well in advance of informing you, I suspect they will have known for much longer period.

James35 · 26 December 2017 at 9:06AM

I hate delays but Ryanair I hate more. My flight was delayed over 6 hours, the online claim form does not work. The agent on the chat didn't give me the time to talk and explain the problem and closed the chat and of course if you try to call them, all offices are closed despite the closing time is in one hour. Very good. Well, that there are services that deal with such problems.I also turned to a similar company, AirAdvisor is called (website - airadvisor.com if someone is interested). A friend advised. So now I hope that they will help.

leylandsunaddict · 26 December 2017 at 9:32AM

If their online form doesn't work, and chat cut you off how do other people claim?

Most people don't bother going to ambulance chasing companies, at least not until their claim as been rejected. Why on earth would you before you've even submitted it, especially one based in Poland that's hardly been around 5 minutes, and whose website seems rather 'inferior'?

Compensation for delayed flights Discussion Area

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