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    • DArtagnan84
    • By DArtagnan84 12th Jun 17, 4:00 PM
    • 3 Posts
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    DArtagnan84
    BA104 19th March
    Hi - hoping for some advice.

    18 hours prior to my flight on the 19th of March we were notified about a crew member being ill that then went on to cause a delay of over 13 hours of arrival to our flight.

    I went through Resolver and BA rejected the claims. I was going to use Bott & Co. (used them successfully a few years ago), but thought I'd try the CEDR first this time as this wasn't an option last time I had a delay.

    BA's defence submitted to CEDR was extraordinary circumstances and has quoted Goddard vs Etihaad as their defence. The judge ruled it was extraordinary circumstances because the pilot notified the airline of "sudden illness" 2 hours before departure in this case. I'd argue that 18 hours before the scheduled departure is not a "sudden illness" and that Goddard vs Etihaad is not relevant in my case.

    Also their defence argued that while they could be expected to have spare crew in Heathrow, it would be commercially unviable to have spare crew in every airport they fly to. I feel like this is admitting that compensation would have been due if the flight was from Heathrow and not Dubai. If they're admitting that it would be paid in that case, then how can they argue that illness is an extraordinary circumstance in all instances?

    Anyway, I now have to submit my comments on the CEDR portal to their defence and I'm not sure exactly what I'm supposed to put. Anyone had success with CEDR?

    Thanks
    • Justice13075
    • By Justice13075 12th Jun 17, 4:14 PM
    • 838 Posts
    • 393 Thanks
    Justice13075
    Just put your details into Bottonline to see if they think you have a case. If they do you could google and download Vaubans guide and go from there. Sorry don't know what Goddard v Etihad said and cannot find it on line.
    • Caz3121
    • By Caz3121 12th Jun 17, 4:22 PM
    • 10,489 Posts
    • 6,879 Thanks
    Caz3121
    18 hours prior to my flight on the 19th of March we were notified about a crew member being ill that then went on to cause a delay of over 13 hours of arrival to our flight.
    Originally posted by DArtagnan84
    http://www.bottonline.co.uk/press-releases/judge-rules-crew-sickness-does-not-excuse-airlines-from-paying-flight-delay-compensation
    Davies V British Airways
    • DArtagnan84
    • By DArtagnan84 12th Jun 17, 4:43 PM
    • 3 Posts
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    DArtagnan84
    Davies V British Airways
    Originally posted by Caz3121

    Thank you! That'll do nicely!!
    • Tyzap
    • By Tyzap 12th Jun 17, 5:50 PM
    • 782 Posts
    • 415 Thanks
    Tyzap
    I would also inform CEDR that 18 hours was enough time for BA to put a replacement crew member onto the next flight to Dubai to operate your flight without a delay. It's only 7 hours away after all.

    The fact that they didn't must have been an operational decision.
    Please read Vaubans superb guide.
    • Justice13075
    • By Justice13075 12th Jun 17, 6:22 PM
    • 838 Posts
    • 393 Thanks
    Justice13075
    What is the Goddard v Etihad case?
    • DArtagnan84
    • By DArtagnan84 13th Jun 17, 10:31 AM
    • 3 Posts
    • 0 Thanks
    DArtagnan84
    Norwich County Court Wednesday, 20th January 2016



    Judge Moloney QC found in Etihaad's favour of "Extraordinary circumstances" as the pilot called in sick 2 hours before scheduled departure.
    • Gulpiyuri
    • By Gulpiyuri 14th Jun 17, 2:35 PM
    • 16 Posts
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    Gulpiyuri
    Interesting that they contradict that in their answers to questions

    ...
    these are similar examples to yours and there is no mention of being able to claim from marketing airline
    Originally posted by Caz3121
    Thanks @Caz3121 for your input. I´ll report back once IE gets back to me.
    • gentlecleanser
    • By gentlecleanser 17th Jun 17, 9:06 AM
    • 18 Posts
    • 1 Thanks
    gentlecleanser
    Hi Just wondering if anyone else has heard anything from BA regarding refund and compensation claims for the IT issues on 27th May?
    We filed a claim on the 28th May and then contact them agin on the 1st June and have had no response what-soever (other than automated response email).
    Very frustrated this is taking so long!!
    • hertslady64
    • By hertslady64 20th Jun 17, 2:33 PM
    • 49 Posts
    • 38 Thanks
    hertslady64
    Hi Just wondering if anyone else has heard anything from BA regarding refund and compensation claims for the IT issues on 27th May?
    We filed a claim on the 28th May and then contact them agin on the 1st June and have had no response what-soever (other than automated response email).
    Very frustrated this is taking so long!!
    Originally posted by gentlecleanser
    I have had nothing but the automated email either. I rang last week and she said it was on the system with a status of pending.
    Someone I know who lodged a claim the same day as me received a cheque on Saturday, so I'm not sure how they are determining the order they look at claims.
    I agree it is very frustrating that there is no way to check things yourself.
    • jpsartre
    • By jpsartre 20th Jun 17, 4:43 PM
    • 2,596 Posts
    • 1,728 Thanks
    jpsartre
    We filed a claim on the 28th May and then contact them agin on the 1st June and have had no response what-soever (other than automated response email).
    Very frustrated this is taking so long!!
    Originally posted by gentlecleanser
    I don't know what you were expecting but I wouldn't categorise a little over 3 weeks as very long. My wife claimed from BA a couple of years ago and from memory it was something like 6 weeks before they got back to her.
    • chris1947
    • By chris1947 21st Jun 17, 1:09 PM
    • 1 Posts
    • 0 Thanks
    chris1947
    British Airways
    I was at Vienna Airport during the BA computer failure. A BA agent advised me to make my own arrangements to get back to Heathrow. In response to this advise I booked a flight with Austrian Airways. BA are refusing to compensate me for the flight cost stating that I must have misunderstood their agents advice. Does anyone have advise of how to fight BA for compensation in a he said, she said situation. Chris .
    • Caz3121
    • By Caz3121 21st Jun 17, 1:17 PM
    • 10,489 Posts
    • 6,879 Thanks
    Caz3121
    have a read of Vauban's guide and then post on the BA thread if any other questions
    The simple approach would be to claim a refund of your BA flight and, in addition EU261 compensation
    The harder approach would be to try and claim reimbursement of the Austrian flight instead of refund of BA flight (in addition to EU261 compensation)
    • Tyzap
    • By Tyzap 21st Jun 17, 2:38 PM
    • 782 Posts
    • 415 Thanks
    Tyzap
    I was at Vienna Airport during the BA computer failure. A BA agent advised me to make my own arrangements to get back to Heathrow. In response to this advise I booked a flight with Austrian Airways. BA are refusing to compensate me for the flight cost stating that I must have misunderstood their agents advice. Does anyone have advise of how to fight BA for compensation in a he said, she said situation. Chris .
    Originally posted by chris1947
    Hi Chris,

    Some other BA clients have been paid the cost of using another airline.

    This was, and possibly still is, on the BA website...

    "Given the level of disruption, we know some customers made alternative travel arrangements themselves, when British Airways was unable to re-route them because of the system limitations, and they had to rebook to other airlines directly via their respective websites or through travel agents. Customers who had to do this are also eligible to make a claim."

    BA may play hard ball to begin with but if you push them you should be able to get compensation and a full refund of your additional costs.

    They don't want hundreds or thousands of disgruntled client taking them to court over an issue which they were fully responsible for.

    Good luck.
    Please read Vaubans superb guide.
    • Sylvia Mahal
    • By Sylvia Mahal 23rd Jun 17, 10:32 AM
    • 3 Posts
    • 0 Thanks
    Sylvia Mahal
    Compensation and lost luggage
    We were also caught up in Terminal 5 on May27th.

    We are still waiting to hear anything from BA about compensation and the reimbursement for an alternative flight we had to book.

    We are also still waiting for the return of two items of luggage. With regards to the luggage BA have been trying to find it.
    • Tyzap
    • By Tyzap 23rd Jun 17, 12:42 PM
    • 782 Posts
    • 415 Thanks
    Tyzap
    We were also caught up in Terminal 5 on May27th.

    We are still waiting to hear anything from BA about compensation and the reimbursement for an alternative flight we had to book.

    We are also still waiting for the return of two items of luggage. With regards to the luggage BA have been trying to find it.
    Originally posted by Sylvia Mahal
    Hi,
    Have you tried calling them? If not I would give it a try as it can be quicker to get things sorted out, according to anecdotal evidence.
    Good luck.
    Please read Vaubans superb guide.
    • hertslady64
    • By hertslady64 25th Jun 17, 12:42 PM
    • 49 Posts
    • 38 Thanks
    hertslady64
    Question on BA Compensation
    BA have finally got in contact and agreed to pay me compensation for the issues over the bank holiday weekend. My flight was cancelled on 27th and I flew home on the 28th.
    Their response says :
    "I'd like to begin by apologising for the inconvenience caused by the cancellation. We understand this must have been frustrating, particularly as the flight you were rebooked on was also delayed. As the delayed flight meant you arrived at 01:02 and there was no public transport, we're willing to contribute £50.00 towards your taxi home."

    They have agreed to pay the 400 Euros plus £50 for a taxi ( Although the taxi cost me £80).
    My question is they have admitted in this email that the flight I was rebooked on was delayed by over 3 hours ( Scheduled arrival time 21:50) so am I entitled to the compensation for that flight too?
    • Vauban
    • By Vauban 25th Jun 17, 3:43 PM
    • 4,572 Posts
    • 2,024 Thanks
    Vauban
    BA have finally got in contact and agreed to pay me compensation for the issues over the bank holiday weekend. My flight was cancelled on 27th and I flew home on the 28th.
    Their response says :
    "I'd like to begin by apologising for the inconvenience caused by the cancellation. We understand this must have been frustrating, particularly as the flight you were rebooked on was also delayed. As the delayed flight meant you arrived at 01:02 and there was no public transport, we're willing to contribute £50.00 towards your taxi home."

    They have agreed to pay the 400 Euros plus £50 for a taxi ( Although the taxi cost me £80).
    My question is they have admitted in this email that the flight I was rebooked on was delayed by over 3 hours ( Scheduled arrival time 21:50) so am I entitled to the compensation for that flight too?
    Originally posted by hertslady64
    Unless you bought a separate ticket for the replacement flight, it's just one lot of compensation due.
    • Gulpiyuri
    • By Gulpiyuri 25th Jun 17, 8:08 PM
    • 16 Posts
    • 0 Thanks
    Gulpiyuri

    Many thanks @Caz3121 for your answer.

    Indeed it´s an Iberia Express flight. I have submitted the claim to them and will report back when any finding

    However I also had a deep look into the EC261 text and it looks that the operating carrier is to blame: http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0261&from=EN

    On a related note, another interesting piece to the jigsaw: As per my original post, BA agreed to pay my food and train expenses and they also sorted out the hotel accommodation for a Yorkshire family I randomly met at my re-booked flight (they were also booked at my cancelled flight)… why BA paid those when they claim Iberia Express is liable?

    Thanks
    Originally posted by Gulpiyuri

    Hi @Caz3121 and all,

    I finally got an answer to my claim to Iberia Express. Interesting enough the answer, email layout, logos and no-reply email address used are from Iberia and not Iberia Express itself.

    There is no reference to my detailed claim (which it has been clearly ruled out) but some unnecessary mention to their plane and crew location (which by the way prior to my flight cancellation landed on LHR as we previously confirmed in this post).

    Full answer:

    I am writing in relation to your flight of 27th, May 2017 and would like to take this opportunity to thank you for contacting us.

    Please accept my apologies for the inconvenience caused by the cancellation of your flight. We are aware of how important it is to our passengers that trips observe the scheduled time, which is why we make every effort to prevent this from occurring.

    Airlines are affected by numerous factors, such as weather conditions, air control permissions, etc., and this means that our planes and crews are sometimes held up or find themselves at a different airport from where they should be. Relocating them is complicated, and occasionally this leads to delays or cancellations.

    I apologise if the information or the assistance we provided were not enough. We appreciate that your journey was more tiring, and although it was due to circumstances beyond our control, we did everything in our power to minimise the inconvenience and, based on the options available, provide the fastest mode of transport to ensure that you reached your destination. Every day we analyse the incidents that occur and make plans to improve our handling of these situations.

    Thank you again for contacting us. Your assistance allows us to improve our service. We hope we continue to enjoy your trust.

    Sincerely,


    Iberia. Customer Service Center

    Since there is no alternative left to reply this email (no link or email to reply this), I can go back to square one (not very encouraging),try my luck on the phone line (even less encouraging) or look for alternative approaches.

    Any suggestion on the later?

    Thanks
    • jpsartre
    • By jpsartre 25th Jun 17, 11:21 PM
    • 2,596 Posts
    • 1,728 Thanks
    jpsartre
    Unless you bought a separate ticket for the replacement flight, it's just one lot of compensation due.
    Originally posted by Vauban
    I had a cancelled flight followed by a delayed rebooked flight during the BA IT meltdown and I got compensated for both. I don't see how you could argue otherwise either.
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