Flight delay and cancellation compensation, BA ONLY

1…4243454748…268

Comments

  • Nilechamp
    Nilechamp Posts: 7 Forumite
    Our flight was delayed by 5 hours 15 minutes. The co-pilot informed us the first 2 hours of the delay was due to them looking for another aircraft after one of their service vehicles crashed into the cargo door. They found another plane, flew to St Kitts to collect us then found a battery fault which meant a further 3 hour 15 minute delay. As a result we landed in Gatwick over 5 hours late.
    BA have rejected my claim stating -
    "During our final safety checks, we noticed a fault with the main battery. As the main battery had been maintained in accordance with the manufacturers guidelines, this constitutes as extraordinary circumstances and could not have been avoided."
    No mention of the service vehicle crashing into the cargo door which certainly is 'extraordinary circumstances' and negligence. No mention of an aircraft being used that was not scheduled for this trip. The fact that after 3 hours they did manage to get the battery working makes me suspect the battery hadn't been maintained. A new battery could not have been found. St Kitts is a tiny island with just two 777 landings a week.
    Do I simply have to accept that BA state the battery was maintained so it isn't their fault?
  • dxc_chappie
    dxc_chappie Posts: 175 Forumite
    Combo Breaker First Anniversary
    Nilechamp wrote: »
    "During our final safety checks, we noticed a fault with the main battery. As the main battery had been maintained in accordance with the manufacturers guidelines, this constitutes as extraordinary circumstances and could not have been avoided."

    Do I simply have to accept that BA state the battery was maintained so it isn't their fault?

    Have you read the faqs on page 1 of this thread? Your answer can be found in the 3rd paragraph of the Wallentin ruling (at the end of the doc) linked from the faqs.
  • Nilechamp
    Nilechamp Posts: 7 Forumite
    Thanks Chappie,
    I will write to BA again quoting this but I am not holding my breath

    This flight was BA2256 on 17th Dec. Anybody reading this thread know of any other passengers. I know the names and contact info of at least 10 other passengers. Numbers may make BA take it more seriously, but again, I doubt it!
  • 111KAB
    111KAB Posts: 3,645 Forumite
    Combo Breaker First Post
    Nilechamp wrote: »
    I know the names and contact info of at least 10 other passengers. Numbers may make BA take it more seriously, but again, I doubt it!


    If you have contact details for that many pax may be worth sending a PM to Coby Benson ... see Virgin flight claim here > http://www.travelmole.com/news_feature.php?news_id=2009560
  • Nilechamp
    Nilechamp Posts: 7 Forumite
    I will wait to see if BA change their mind first. It was the flight before Christmas and a lot of the passengers were Expats returning home.
  • skman50
    skman50 Posts: 15 Forumite
    CobyBenson wrote: »
    Can you give some more information?

    1) Did you land at TPA?
    2) Why did you get re-routed on a VS flight?
    3) Where was the VS flight operated from and to?

    I think your final destination is TPA, because that would have been the 'destination on the ticket presented at the check-in counter', as per Article 2(h).
    Any further thoughts?
  • daniel1987
    daniel1987 Posts: 5 Forumite
    I travelled with family in september to madrid, we arrived at Madrid airport on our return leg to be told that our flight to london had been delayed and that we would miss our connecting flight to edinburgh. Since we were on the last flight from london to edinburgh we were denied boarding onto the plane as it was london fashion week in london and no hotels were available (Iberia desk confirmed this to us) so we had no choice and to stay in a poor madrid airport hotel and fly the next again day.

    There was 4 of us travelling and by the time we arrived back to our origianl destination we were delayed over 12 hours.

    We have spoke to BA who gave us £600 pound in BA vouchers this was for our complaint taking longer than 4 weeks to deal with but they are currently still dealing with our EU complaint.

    I have been told that this can take up to 90 days, not sure if they are trying to fob me off or they are generally busy as they say they are.

    Does anyone know how long a claim usually takes as we have waited 2 months so far and when we call BA up they say that they are still dealing with our case?

    Thanks
  • David_e
    David_e Posts: 1,498 Forumite
    First Anniversary Combo Breaker
    daniel1987 wrote: »
    Does anyone know how long a claim usually takes as we have waited 2 months so far and when we call BA up they say that they are still dealing with our case?


    They will take as long as they want because no-one is making them deal with claims to a reasonable timescale. You could appeal to their better nature but I suspect that they don't have one.

    You can either wait until they get round to it or send your NBA and then proceed to legal action.
  • Lord_Guildford
    Lord_Guildford Posts: 1 Newbie
    I travelled from Toronto to LHR in October. The flight was delayed for over 4 hours because a baggage handler hit the aircraft with his truck and caused some damage. The aircraft was a Dreamliner, so engineers in Toronto, London and Seattle had to assess the damage.
    BA have rejected my claim for compensation on the grounds that the damage (and delay) was caused by a third party so was outside BA control and was therefore 'extraordinary circumstances'.
    Surely the baggage handlers operate as a BA contractor and therefore should be regarded as part of BA operations.
    Has anybody encountered similar circumstances and should a delay caused by an airline contractor really be regarded as 'extraordinary'?
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    Lord_Guildford wrote: »
    I travelled from Toronto to LHR in October. The flight was delayed for over 4 hours because a baggage handler hit the aircraft with his truck and caused some damage. The aircraft was a Dreamliner, so engineers in Toronto, London and Seattle had to assess the damage.
    BA have rejected my claim for compensation on the grounds that the damage (and delay) was caused by a third party so was outside BA control and was therefore 'extraordinary circumstances'.
    Surely the baggage handlers operate as a BA contractor and therefore should be regarded as part of BA operations.
    Has anybody encountered similar circumstances and should a delay caused by an airline contractor really be regarded as 'extraordinary'?

    Yes. Lots of examples of this on the forum. Search for "principal and agent". The Regulation makes specific provision for airlines to recover costs from third parties: the test of extraordinary is not only that the event is in the operating airlines control but also that it is not inherent in the the business of running an airline. This sort of thing happens all the time.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards