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    • Tyzap
    • By Tyzap 25th Aug 17, 1:53 PM
    • 1,241 Posts
    • 593 Thanks
    Tyzap
    Hi

    I didn't want to double post - but I just wanted some advice on my previous post.

    Have I done the right thing in using the Resolver tool?

    Or should I have contacted BA directly and submitted a claim via their website?

    I haven't heard anything back yet from my claim via the Resolver tool.

    Many thanks
    Originally posted by nabobbles
    It will do no harm to belatedly submit a claim via their website.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • nabobbles
    • By nabobbles 25th Aug 17, 2:11 PM
    • 6 Posts
    • 1 Thanks
    nabobbles
    It will do no harm to belatedly submit a claim via their website.

    Good luck.
    Originally posted by Tyzap

    Thanks, I've submitted the claim via the BA website now - wish I'd done that to start with really.

    The Resolver tool is probably good, but I didn't really want to take the chance with it, especially since there is another thread in this forum where people seem a little suspicious about how it operates and I can't find any trustworthy clarification.

    So I now have a claim in via the Resolver tool AND via BA directly, I was going to close my original Resolver claim but I don't want to complicate things. What if closing my Resolver claim somehow gets my direct BA claim closed too?

    I guess I'll leave both open and see what happens.
    • garyba66
    • By garyba66 3rd Sep 17, 8:06 AM
    • 2 Posts
    • 0 Thanks
    garyba66
    BA0755 Basel to Heathrow - 11th August 2017
    Hi,

    Originally posted in general flight compensation in error.

    I have also posted the following on Flyertalk, as to otry and expand the audience and opinions on the next step I should take.

    The suggestion from people on Flyertalk is to go back to BA quoting the Sturgeon case or go straight to a Money Claim.
    ------------------------------------------------------------------------------------------------------------------------
    Looking for assistance with a flight cancellation/delay on the above flight and BA have refused to pay out compensation.

    I was on the above flight, and after we boarded the Captain announced that there was an issue with the fuselage. He said he was speaking with London, and had been advised that they had to carry out a full technical check (21 pages long) and we would be delayed an hour.

    After the hour was up the Captain came back to advise that he was off loading the passengers as a) they were only on page 4 or 21 doing the checks and b) he would be out of hours in 20 minutes.

    As I had only hand luggage I was lucky enough to be able to get back through passport control to the BA check in desk and get booked on the later flight (21:55) - which still arrived at Heathrow more than 3 hours later than my scheduled arrival.

    I duly completed the BA compensation form and last night I heard back from them stating that the claim would not be upheld as they state the 'aircraft damage wasn't caused by them and therefore they are not liable to make a compensation payment'.

    Cynically I feel this is an opt out by BA - and they are still liable to pay and might be trying to use this as a method of scaring off the majority of customers.

    Was any one else on this flight and had the same/different response from BA - or on a different flight with this reply and how did you take it further with them to pay out?

    Thanks in advance for any help
    • Caz3121
    • By Caz3121 3rd Sep 17, 9:13 AM
    • 10,921 Posts
    • 7,134 Thanks
    Caz3121
    have you checked on the NWNF checkers such as EUClaim and bottonline to see whether they agree with BA's position? have a read of Vauban's guide for next steps (assuming the NWNFs confirm that there should be a valid claim)
    • hansi
    • By hansi 3rd Sep 17, 7:51 PM
    • 2,899 Posts
    • 569 Thanks
    hansi
    Hello all. Just posting an update on this one. I've just heard back from BA - they have emailed me to offer me €400 compensation - they offered Avios points OR cash (asked for bank details if I wanted cash). This was 2 weeks after I completed the claim on their website. Cheers everyone, and thanks for your help.
    Originally posted by Annie Clark
    I, too, completed a compensation claim form on the BA website following a four hour delay to a Budapest/Heathrow flight last week, which was acknowledged immediately, and today I had an email offering me 250 euros per person or 50000 Avios points. I wenr for the cash. Great service BA!
    • ap1970
    • By ap1970 5th Sep 17, 10:23 PM
    • 3 Posts
    • 0 Thanks
    ap1970
    BA delaying flight refund
    Posted this on main thread but it was suggested I post here instead

    I was caught in the BA IT failure and they are being uncooperative in refunding my expenses. They are refusing to refund a flight I booked until I jump through more hoops with Expedia, after 3 months of filing the claim. Anyone else have experience of this type of issue?

    I came into Heathrow on a BA flight and my connecting BA flight home was cancelled. I had to stay the night, book a separate BA flight myself (they were not rebooking anyone) and got home after a 5 hour delay on the second flight. I claimed compensation for both flights (the 250 euros) and the cost of the second flight plus food. They sent 250 euros and food compensation quite quickly and said the refund for the second flight was with their refund dept

    Having heard nothing for 6 weeks I contacted them again and they said I had to get a refund from Expedia. My initial booking for the trip was with Expedia but the flight I am claiming refund/compensation for is the second one booked directly with BA. I pointed this out but they then said I had to get a refund on the unused portion of my initial trip and they would refund the difference. I pointed out that the ticket says it was non-refundable but the just said the same thing again.

    Having kept quiet for a long time and then pulling this Expedia thing out of the hat, I get a strong sense of being made to run around the houses until I give up. Is there any basis for refusing a refund because of some other flight ticket?

    (I am aware I could go through the Expedia hoops but that will no doubt take a lot more time and I do not see why BA can use this as a tactic)
    • hansi
    • By hansi 6th Sep 17, 8:01 AM
    • 2,899 Posts
    • 569 Thanks
    hansi
    Does anyone have any experience of how long it takes for the compensation to appear in your account after BA have approved it?
    • Tyzap
    • By Tyzap 6th Sep 17, 9:32 AM
    • 1,241 Posts
    • 593 Thanks
    Tyzap
    Does anyone have any experience of how long it takes for the compensation to appear in your account after BA have approved it?
    Originally posted by hansi
    It varies massively, chase them up via social media, it seems to work.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Tyzap
    • By Tyzap 6th Sep 17, 5:24 PM
    • 1,241 Posts
    • 593 Thanks
    Tyzap
    Posted this on main thread but it was suggested I post here instead

    I was caught in the BA IT failure and they are being uncooperative in refunding my expenses. They are refusing to refund a flight I booked until I jump through more hoops with Expedia, after 3 months of filing the claim. Anyone else have experience of this type of issue?

    I came into Heathrow on a BA flight and my connecting BA flight home was cancelled. I had to stay the night, book a separate BA flight myself (they were not rebooking anyone) and got home after a 5 hour delay on the second flight. I claimed compensation for both flights (the 250 euros) and the cost of the second flight plus food. They sent 250 euros and food compensation quite quickly and said the refund for the second flight was with their refund dept

    Having heard nothing for 6 weeks I contacted them again and they said I had to get a refund from Expedia. My initial booking for the trip was with Expedia but the flight I am claiming refund/compensation for is the second one booked directly with BA. I pointed this out but they then said I had to get a refund on the unused portion of my initial trip and they would refund the difference. I pointed out that the ticket says it was non-refundable but the just said the same thing again.

    Having kept quiet for a long time and then pulling this Expedia thing out of the hat, I get a strong sense of being made to run around the houses until I give up. Is there any basis for refusing a refund because of some other flight ticket?

    (I am aware I could go through the Expedia hoops but that will no doubt take a lot more time and I do not see why BA can use this as a tactic)
    Originally posted by ap1970
    Hi ap1970,

    Ask BA for a deadlock letter and to refer your claim to CEDR. They can look at your claim impartially plus this process puts BA under a little extra pressure.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • ap1970
    • By ap1970 6th Sep 17, 11:14 PM
    • 3 Posts
    • 0 Thanks
    ap1970
    Hi ap1970,

    Ask BA for a deadlock letter and to refer your claim to CEDR. They can look at your claim impartially plus this process puts BA under a little extra pressure.

    Good luck.
    --------------------------------------------------------------------------------------------------------


    Do you know if BA has any justification in law/codes of conduct for using this trick of making people get a refund for the first ticket? I found a similar case on this thread (LastMinute.com instead of Expedia) but nothing conclusive.

    I don't want to go down the track of getting CEDR involved if there is much chance of them siding with BA.
    • hansi
    • By hansi 7th Sep 17, 6:11 AM
    • 2,899 Posts
    • 569 Thanks
    hansi
    It varies massively, chase them up via social media, it seems to work.

    Good luck.
    Originally posted by Tyzap
    Thanks. It actually arrived in my account this morning. Not bad considering my claim was only submitted on 25th August. Well done BA
    • nabobbles
    • By nabobbles 8th Sep 17, 5:57 PM
    • 6 Posts
    • 1 Thanks
    nabobbles
    Hi

    I recently put in a compensation claim to BA due to a cancelled flight that caused significant disruption to myself and family. BA have refused my compensation claim for the following reason:

    Thanks for contacting us about your EU compensation claim.
    Your claim’s been refused because [your flight] was cancelled because of industrial action outside of our control. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.

    On the day you were due to travel, industrial action was carried out. Strikes are an extraordinary circumstance and are outside of our control. Unfortunately this caused unforeseen disruption to our schedule.

    We take all reasonable measures to avoid cancelling a flight and we always consider if there are any operational options available before we make a decision. We’re very sorry the cancellation was necessary in this case.
    As far as I'm aware the strikes were carried out by BA staff and so they were entirely within BA's area of control. In my opinion something outside of their control would be weather or a 3rd party strike. But a BA strike is a direct fault of theirs which they did have control over. They also had control over their handling of the strike.

    Could anyone give me advice on where to go from here?
    • JPears
    • By JPears 8th Sep 17, 6:36 PM
    • 3,402 Posts
    • 951 Thanks
    JPears
    You are correct. If the strike was BA staff, that is NOT an EC. Continue with your claim. Progress to an NBA or get a deadlock letter and go to an ADR if BA have signed up to one.
    BA have been hit hard by the IT failure earlier in the year and will try to avoid payouts wherever possible, including telling porkies.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • nabobbles
    • By nabobbles 10th Sep 17, 2:34 PM
    • 6 Posts
    • 1 Thanks
    nabobbles
    You are correct. If the strike was BA staff, that is NOT an EC. Continue with your claim. Progress to an NBA or get a deadlock letter and go to an ADR if BA have signed up to one.
    BA have been hit hard by the IT failure earlier in the year and will try to avoid payouts wherever possible, including telling porkies.
    Thanks JPears.

    These strikes were due to a BA cabin crew strike, so in my mind this is a BA problem. Do you agree?

    I can see that BA are signed up to CEDR (ADR body). Do I need BA to provide me with a deadlock letter?

    What is an NBA? I've googled it but not come up with much...

    Thanks again
    • 111KAB
    • By 111KAB 10th Sep 17, 3:26 PM
    • 3,639 Posts
    • 1,479 Thanks
    111KAB
    nabobbles ... I agree ....NBA = notice (letter) before action .... read Vauban's Guide
    • guitarprinter
    • By guitarprinter 12th Sep 17, 3:39 PM
    • 4 Posts
    • 0 Thanks
    guitarprinter
    Hi, I'm in need of some advice...

    I recently had my BA flight cancelled due to a staff strike. I understand that BA do not need to pay compensation if the cancellation was due to 'exceptional circumstances' however I do not consider this strike to count as 'exceptional circumstances' because it was BA staff that were striking, not some 3rd party strike that would be outside of their control.

    I can see some comments above that seem to agree with me thus far.

    However, when I contacted BA, they said that they were not liable to pay compensation because the flight was "cancelled due to Mixed Fleet Cabin Crew being on strike. The strike was called out by Unite and not by British Airways". And so based on this they are claiming 'exceptional circumstances'.

    In my opinion my original argument still stands - the staff striking were doing so while working for British Airways as a result of British Airways treatment. This entire situation was fully within their control. I do not see how this could classify as 'exceptional circumstances'.

    My question is - am I entitled to compensation in this situation? On one hand I don't want to be fobbed off by BA (that's how I feel at the moment) but I also don't want to escalate this to CEDR (British Airways ADR) without having confidence that my claim is legitimate - mostly because they charge £25 for an unsuccessful claim.
    • Caz3121
    • By Caz3121 12th Sep 17, 3:52 PM
    • 10,921 Posts
    • 7,134 Thanks
    Caz3121
    check your flight details in a couple of the NWNF checkers (EUclaim, bottonline) and see what they say re compensation
    Have a look at the BA board on Flyertalk - there is a dedicated EU261 thread which will have many strike related posts
    • Tyzap
    • By Tyzap 12th Sep 17, 3:53 PM
    • 1,241 Posts
    • 593 Thanks
    Tyzap
    Hi, I'm in need of some advice...

    I recently had my BA flight cancelled due to a staff strike. I understand that BA do not need to pay compensation if the cancellation was due to 'exceptional circumstances' however I do not consider this strike to count as 'exceptional circumstances' because it was BA staff that were striking, not some 3rd party strike that would be outside of their control.

    I can see some comments above that seem to agree with me thus far.

    However, when I contacted BA, they said that they were not liable to pay compensation because the flight was "cancelled due to Mixed Fleet Cabin Crew being on strike. The strike was called out by Unite and not by British Airways". And so based on this they are claiming 'exceptional circumstances'.

    In my opinion my original argument still stands - the staff striking were doing so while working for British Airways as a result of British Airways treatment. This entire situation was fully within their control. I do not see how this could classify as 'exceptional circumstances'.

    My question is - am I entitled to compensation in this situation? On one hand I don't want to be fobbed off by BA (that's how I feel at the moment) but I also don't want to escalate this to CEDR (British Airways ADR) without having confidence that my claim is legitimate - mostly because they charge £25 for an unsuccessful claim.
    Originally posted by guitarprinter
    Hi guitarprinter,

    My understanding of this issue is the same as yours.

    CEDR is the best way forwards, with a small risk of possibly losing £25. Sometimes you have to speculate to accumulate!

    Your choice tho.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • guitarprinter
    • By guitarprinter 12th Sep 17, 5:06 PM
    • 4 Posts
    • 0 Thanks
    guitarprinter
    Thanks both,

    I've had a look at 'Vauban's Guide' and I just need something clarified...

    The guide says that if I've had no luck with the initial compensation claim via the airline, I should write an NBA and then possibly look into a 'No Win No Fee' company to deal with court action.

    Although I've read elsewhere that if an airline is signed up to an ADR, you must go through them.

    So as BA have rejected my initial compensation claim, must I go through their ADR (CEDR) first and then look at writing an NBA/court action if it fails there?

    Or should I go straight down the NBA/court action route?
    • JPears
    • By JPears 12th Sep 17, 5:14 PM
    • 3,402 Posts
    • 951 Thanks
    JPears
    You can take either route. Was it BA staff that were on strike? Have you checked with Botts online flight checker to see if you have a valid claim?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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