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    • jhebus
    • By jhebus 27th Aug 16, 10:58 PM
    • 9 Posts
    • 0 Thanks
    jhebus
    So I take it from your post that although there was a 9 hour gap overall getting to our final destination due to first the cancellation and the delay on the rebooked flight (which was rebooked by them we were not offered a refund), that the compensation claim for the delay on the rebooked flight would need to be 3hrs to make a separate claim. The 9 hours delay in reaching the destinations overall doesn't count ie they are treated as separate things and not the overall amount of additional time it took to reach our final destination?
    Originally posted by janeyG
    Hey Janey,

    Thanks for the reply. The crux of my argument is around the strike which didn't end up happening in the end. I am trying to argue that either they accept that the strike didn't happen and were told the day before travel, in which case they didn't put the flight back, so they cancelled the flight for a non-exceptional circumstance. OR, they accept that they strike being called off was end of the strike action, in which case they can not use the "exceptional circumstances" argument for cancelling the flight the day after they were informed.

    I put this to them, and am waiting for a response.
    • Vroom
    • By Vroom 8th Sep 16, 1:15 PM
    • 2 Posts
    • 0 Thanks
    Vroom
    BA Cancellation due to Knock on from City Airport being closed
    Hi All, first post so hope it's in the right place etc. Some great reading btw.

    We were due to fly back BA8486 from Majorca (PMI) to London City (LCY) on Tuesday 7th at 13:30. As we arrived with 3 young children at the airport to check-in, BA texted (!) to say they'd cancelled the flight. We went to the check-in desk who told us that earlier protests had closed City airport so they hadn't flown the outbound flight.

    The airport was apparently open again so we said surely they could now get the plane to us and we'd only be an hour or so late? We were told that wouldn't happen and we'd have to rebook. There were no more BA flights that day to anywhere and none back to the UK with partner airlines. Staff at the check in desk gave us BA's telephone numbers and suggested we contact them. BA emailed, saying essentially the same thing. So we rang BA, who eventually picked up and said there was nothing they could do until the next afternoon when they had space for a family like ours on a flight to Heathrow. By then fellow passengers had looked into alternative carriers with little success (there was e.g. Thomas Cook flights at 4am the next morning but that seemed worse that the BA Heathrow option with young kids, even assuming BA would cover the cost). So we did what BA suggested, we flew back more than a day late to the wrong airport (still London to be fair, but we'd paid extra for City as it's local to us).

    Questions:
    1. Are we entitled to compensation? I have read Vauban's guide and my understanding of section 4.6 is yes - if it had wanted to, BA could have got that plane out to us (probably empty so at a loss to them, but it was a choice they had). I have typed initial details into bottonline and it also suggests yes, compensation of 250 euro each is due.
    2. Are there relevant precedent cases on 'knock on', on the forum or elsewhere? I spent quite a while looking but I didn't find anything that clear cut?
    3. If we do claim, should I initially try using BA's forms? It sounds as if BA in particular are more responsive to that then to a letter sent using the Resolver template?
    4. If we do claim and BA then play hardball, I would probably look to employ Bott & Co further down the line. If that's the plan and the case isn't considered clear cut, would it be best to employ them now? Specifically, would you expect Bott & Co to fight harder if they've had the case from the start rather than from half way down the line?

    Many thanks.
    • Tyzap
    • By Tyzap 11th Sep 16, 8:57 AM
    • 639 Posts
    • 355 Thanks
    Tyzap
    Hi Vroom,

    1). If Bott & Co say you are due compensation then you most likely are.

    2). If you enter 'knock on' into the search facility you'll find more.

    3). If you want a hassle free claim but at a cost then yes, go with Bott & Co. Ultimately tho, that decision is yours.

    4). Some passengers have got into problems by going down two routes at the same time, don't cross your wires, go with Bott OR DIY.

    This Finnair judgement clarifies knock on's....

    http://curia.europa.eu/juris/document/document.jsf?docid=128005&mode=req&pageIndex=1&dir =&occ=first&part=1&text=&doclang=EN&cid=227374

    Good luck.
    Please read Vaubans superb guide.
    • legal magpie
    • By legal magpie 11th Sep 16, 10:06 AM
    • 612 Posts
    • 316 Thanks
    legal magpie
    Hi Vroom,
    Some passengers have got into problems by going down two routes at the same time, don't cross your wires, go with Bott [B]O
    Originally posted by Tyzap
    Very sound advice. Some people even instruct two no win no fee lawyers and end up having to pay both
    • Vroom
    • By Vroom 12th Sep 16, 9:36 AM
    • 2 Posts
    • 0 Thanks
    Vroom
    Thank you both.
    • truebluejen
    • By truebluejen 15th Oct 16, 11:49 AM
    • 10 Posts
    • 9 Thanks
    truebluejen
    A friend had book flights from Glasgow to Salzburg for next April with BA. They have now cancelled this flight and rebooked them on a flight with a stop over at Gatwick. However, their flight from Glasgow arrives in Gatwick at 11pm Friday and the flight to Salzburg is not until 7am Saturday. Does BA have to pay for a hotel or are they entitled to any sort of compensation?
    • Vauban
    • By Vauban 15th Oct 16, 11:54 AM
    • 4,426 Posts
    • 1,947 Thanks
    Vauban
    A friend had book flights from Glasgow to Salzburg for next April with BA. They have now cancelled this flight and rebooked them on a flight with a stop over at Gatwick. However, their flight from Glasgow arrives in Gatwick at 11pm Friday and the flight to Salzburg is not until 7am Saturday. Does BA have to pay for a hotel or are they entitled to any sort of compensation?
    Originally posted by truebluejen
    No and no. Changes to the itinerary made outside of 14 days do not qualify for compensation. But you should be able to have a full refund without difficulty.
    I used to link to my guide - but MSE stopped such malfeasance. I may not have my link (you can still google it) but I retain a magnificent hat!
    • Caz3121
    • By Caz3121 15th Oct 16, 11:58 AM
    • 9,967 Posts
    • 6,523 Thanks
    Caz3121
    no compensation as they have been given more than 14 days notice. It appears the Salzburg flight is reduced in the summer schedule (starts end March) with only Tuesdays having a pm flight.
    Consider a refund and book elsewhere
    • Janlloyd
    • By Janlloyd 15th Oct 16, 12:32 PM
    • 2 Posts
    • 0 Thanks
    Janlloyd
    I just thought I would let you all know if my success story with BA.
    Myself and my family were delayed by over 6 hours travelling from Tampa to Gatwick on the 21st September this year. 2 days later I used resolver to send an email requesting compensation but received no reply in 10 days. I then used resolver to escalate the case last Sunday,received a reply by Monday then another email Tuesday to say they were paying full compensation.
    I received a cheque for £2163 yesterday which was the 14th of October.
    It didn't even take 3 weeks!!
    More than happy with resolver and would recommend it to anyone.
    • Arhodes
    • By Arhodes 18th Oct 16, 4:46 AM
    • 2 Posts
    • 0 Thanks
    Arhodes
    Compensation refusal
    Hi can anyone help?

    I flew from manchester to london then london to bangkok
    my connection time was 1 hour but the flight from manchester was delayed 45 minutes, when i landed at heathrow they said over the speaker that my next flight to bangkok was ready to departure and I had missed it.

    I had to go to BA desk and they rescheduled my flight with THAI air but wasnt for another 8 hours.

    BA have refused my compensation, they said the following;

    Your claim’s been refused because BAxxxx on 05 September was delayed because of airspace restrictions being in place that were outside of our control which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.


    Any advice would be great

    Also my luggage was delayed by a day

    Thank you
    • Caz3121
    • By Caz3121 18th Oct 16, 7:08 AM
    • 9,967 Posts
    • 6,523 Thanks
    Caz3121
    That is correct, if the delay was due to ATC then it is outside the airlines control - "holding" is not unusual at Heathrow due to the volume of traffic
    You booked a tight connection which would only work if inbound flight was on time which did not happen this time.
    Were you provided with refreshment vouchers whilst waiting? If not you would be able to claim reimbursement of purchases by sending receipts in to BA claiming EU261 Duty of Care (applies irrespective if compensation due)
    You can claim for essential items purchased waiting for your delayed bag through Thai referencing the PIR number from the airport
    • legal magpie
    • By legal magpie 18th Oct 16, 9:35 AM
    • 612 Posts
    • 316 Thanks
    legal magpie
    For what it's worth Arhodes, I'd never book flights with less than two hours connection time. My wife would insist on three.
    • Arhodes
    • By Arhodes 18th Oct 16, 10:47 AM
    • 2 Posts
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    Arhodes
    is there a website to check why it was delayed?
    • 111KAB
    • By 111KAB 18th Oct 16, 11:54 AM
    • 3,517 Posts
    • 1,418 Thanks
    111KAB
    Arhodes - in short no.
    • Caz3121
    • By Caz3121 18th Oct 16, 12:13 PM
    • 9,967 Posts
    • 6,523 Thanks
    Caz3121
    is there a website to check why it was delayed?
    Originally posted by Arhodes
    you can put your flight number/date into a couple of the NWNF free checkers - EUClaim / Bottonline and they will give an indication on whether they believe there is a valid claim or not....but if not, it does not give the specific reason for the delay
    • northwest1965
    • By northwest1965 18th Oct 16, 5:16 PM
    • 1,705 Posts
    • 4,478 Thanks
    northwest1965
    For what it's worth Arhodes, I'd never book flights with less than two hours connection time. My wife would insist on three.
    Originally posted by legal magpie
    I am with your wife on that one We had the same problem with a BA connecting flight this year. We were paid out but it's not until you do some research about the flights, you realise how often they are late. Here's an paragraph from my letter to BA (we had a 12pm flight from Manc-LHR first)

    The Denver flight gate closes at 2.30pm and there is only an allowed 90min transfer time. Flight statistics show that from the 30th May 2016 to 10th July 2016, there were 42 flights. Of these, on 22 occasions there were significant delays and 3 were cancelled. Therefore there is 60% chance of being bumped off the 2:50pm Heathrow to Denver flight. Applying the same criteria, the Denver flight departed on time on one occasion, with over 50% having delays of 45minutes or more.
    Loved our trip to the West Coast USA. Death Valley is the place to go!
    • tianuk3
    • By tianuk3 19th Oct 16, 3:51 PM
    • 6 Posts
    • 2 Thanks
    tianuk3
    BA2608 delayed
    Hi all,

    I took a BA flight in September which was delayed by more than 3 hours

    details below:

    Flight number: British Airways 2608
    Departure airport: London Gatwick Airport, LGW
    Scheduled departure time: 9/9/2016 15:05
    Scheduled arrival time: 9/9/2016 18.45
    arrival airport: Naples International Airport, NAP
    Actual arrival time according to BA: 9/9/2016 21.42

    As you can see I have been emailing BA back and forth and they are telling me that my compensation claim has been refused as my flight delay was less than 3 hours.

    According to the arrival time websites I have been to online; they are correct.

    However none of the plane doors were opened until past 21.45 (they opened the first plane doors at around 21.50) and therefore according to the Germanwings EU case in 2014 the delay, the arrival time that airlines should be using is when the doors first open on the aircraft; this was actually greater than 3 hours.

    As I wasn't in first/premium class I didn't have any of the aircraft doors visible; however I do have a picture of other passengers in front of me taking from my mobile phone on the aircraft at 21.52 (10minutes past the supposed BA arrival time).

    How should I proceed next? As they have just been straight refusing any compensation.

    Many thanks
    • 111KAB
    • By 111KAB 19th Oct 16, 3:54 PM
    • 3,517 Posts
    • 1,418 Thanks
    111KAB
    tianuk3 - see what NWNF firms indicate by trying euclaims and Bott & Co free web checking pages. If they indicate claim then over to you but it seems you were so close to the threshold that I would be wary going DIY and might well consider NWNF. ACARS will show time of door release but there is no chance you will be given ACARS data (unless in Court) and although you may not have seen door opening the catch could have been released.
    • nedsram
    • By nedsram 22nd Oct 16, 2:43 PM
    • 46 Posts
    • 19 Thanks
    nedsram
    BA268 LAX to LHR 30 Sept delayed overnight
    The plane was due to depart at 21.35 local time, but around noon we received a text that it had been delayed until 18.00 the next day. We saw the text two hours before our hire car was due for return. Having previous experience of the chaos at the airport when this happened to us at Heathrow (weather related - eventually told to go and find somewhere to stay; no help at all was given), we decided to hold on to the car for another day and try to find accommodation ourselves. Hard when you have no internet access and aren't sure where the hotels are. (In the Heathrow case our expenses were reimbursed in full.)

    Eventually we ended up at the Marriott LAX hotel. For one room, two breakfasts and overnight parking for the car we were charged an astonishing $394. British Airways are refusing to make a full refund as they consider this to be "excessive". However when we complained to Marriott about the charge, we were told that "prices vary according to availability, and are competitive with similar hotels".

    Firstly, are BA being reasonable in refusing a full reimbursement, or should we contest this?

    Secondly, the pilot stated that the delay was because the aircraft suffered damage on the apron, and another aircraft had to be found. Does this disqualify us from claiming the EU compensation of 600 euros per person?

    Was anybody else here on that flight, and if so, what was your experience?
    Last edited by nedsram; 22-10-2016 at 2:46 PM.
    • Tyzap
    • By Tyzap 22nd Oct 16, 3:07 PM
    • 639 Posts
    • 355 Thanks
    Tyzap
    The plane was due to depart at 21.35 local time, but around noon we received a text that it had been delayed until 18.00 the next day. We saw the text two hours before our hire car was due for return. Having previous experience of the chaos at the airport when this happened to us at Heathrow (weather related - eventually told to go and find somewhere to stay; no help at all was given), we decided to hold on to the car for another day and try to find accommodation ourselves. Hard when you have no internet access and aren't sure where the hotels are. (In the Heathrow case our expenses were reimbursed in full.)

    Eventually we ended up at the Marriott LAX hotel. For one room, two breakfasts and overnight parking for the car we were charged an astonishing $394. British Airways are refusing to make a full refund as they consider this to be "excessive". However when we complained to Marriott about the charge, we were told that "prices vary according to availability, and are competitive with similar hotels".

    Firstly, are BA being reasonable in refusing a full reimbursement, or should we contest this?

    Secondly, the pilot stated that the delay was because the aircraft suffered damage on the apron, and another aircraft had to be found. Does this disqualify us from claiming the EU compensation of 600 euros per person?

    Was anybody else here on that flight, and if so, what was your experience?
    Originally posted by nedsram
    Hi nedsram,

    Well firstly, you do have a valid claim for compensation. It seems that BA are not contesting this, so 600 euros per PAX.

    Over your expenses it's not quite as clear. Have you claimed for an extra night car hire?

    How did you end up in the LAX Marriott? did BA not offer to take you to a hotel of their choice?

    Did they give you any guide line regarding costs and expenses?

    What were your flight details? Ah got them, didn't get quoted above.
    Last edited by Tyzap; 22-10-2016 at 3:46 PM.
    Please read Vaubans superb guide.
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