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    • JPears
    • By JPears 30th Nov 17, 2:00 PM
    • 3,339 Posts
    • 926 Thanks
    JPears
    It could be a mistake, or it could just be they are trying to fob you offf in the hope that you will go away. Some do, not realsiing they have been hoodwinked. Its all a numbers game.
    Surely your e-ticket shows all the flight details, number/time etc?(make sure you have given BA the correct flight details)
    If you have proof you were in NY at that time (any credit card bills for purchases in either airport?) thn that's good enough for the judge, should it come to that.
    Time to send an NBA after checking all the information you have given BA is correct. then if no favourable response is received, then progress to court action, or hand to a NWNF company such as Botts. You can check with Botts online to confirm you may have a valid claim.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Tyzap
    • By Tyzap 30th Nov 17, 4:50 PM
    • 1,181 Posts
    • 565 Thanks
    Tyzap
    or ask BA to refer your case to CEDR where they should see through all the smoke and mirrors. This will give BA a final chance to check their facts.

    As it's clearly a technical fault, BA are at fault and you are due compensation.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Jackie2118
    • By Jackie2118 30th Nov 17, 6:44 PM
    • 2 Posts
    • 0 Thanks
    Jackie2118
    I am new to this forum, so I hope this is the correct protocol lol.
    I was booked on a flight from Glasgow to Heathrow for a connecting flight to Vancouver. The Glasgow flight was delayed which meant we missed our connecting flight to Vancouver. We were given a flight to New York where we could then get a flight to Vancouver. The flight to New York was delayed as the airplane had to be restocked? BA have refused our claim as there was a "Medical Emergency" which delayed our Glasgow flight. They won't budge at all and will not elaborate on the medical emergency. They haven't even acknowledged the delayed London to New York flight. (apart from the delay, they lost our luggage for 7 days) Anyone had any similar experiences. Can they really refuse our claim?
    • Tyzap
    • By Tyzap 30th Nov 17, 7:06 PM
    • 1,181 Posts
    • 565 Thanks
    Tyzap
    Hi Jackie2118,

    It's generally accepted that a medical emergency is an EC, meaning BA would not have to pay compensation.

    However, this may have happened earlier in the day on a different flight, known as a knock on delay, which would mean you are possibly due compensation.

    They should explain how and why this exempts them from being liable for compensation, which is what the regs expect of them.

    If BA will not come clean, you can ask for your claim to be referred to CEDR who will adjudicate on your behalf.

    Good luck.

    Edit.
    Please post your 1st flight details so we can have a dig around.
    Last edited by Tyzap; 30-11-2017 at 7:25 PM.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • JPears
    • By JPears 30th Nov 17, 9:11 PM
    • 3,339 Posts
    • 926 Thanks
    JPears
    And if CEDR doesn't find in your favour, you can claim via small claims court.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • legowyn
    • By legowyn 2nd Dec 17, 1:06 PM
    • 4 Posts
    • 0 Thanks
    legowyn
    BA - difficulty reclaiming flight disruption expenses
    I was wondering whether anyone on the forum had any experience or advice on issues obtaining reimbursement from BA for costs incurred as a result of flight disruption?

    I was scheduled to fly with BA from Brussels to Glasgow via Heathrow, leaving Brussels at 19.20 local time, arriving at Heathrow at 19.35, then leaving Heathrow at 21.00 and getting to Glasgow at 22.25. The flight from Brussels was delayed – no explanation has been given for why – both in leaving Brussels and then in the air. So I didn’t land at Heathrow until 20.40. This meant I missed my connecting flight. The following flight, which was the last for the day, was full. I was given the option of staying at Heathrow overnight and getting the first flight the following day, or being flown to Edinburgh. I needed to get home, and preferred a delay of a few hours to an overnight stay, so opted for the Edinburgh flight. Several other passengers were in the same position and most had been automatically booked to the Edinburgh flight. At the time I asked the BA staff (who really didn’t seem to care) what the arrangements would be for getting me to Glasgow. They simply said I would have to arrange that myself and reclaim the cost from BA.

    The Edinburgh flight was fine, but by the time I had collected my bag and had a quick walk round the airport to see if I could find anyone from BA to talk to (no success), it was nearly midnight. My car was at Glasgow airport so I had to get back there and at that time of night, already 1.5 hours late and facing around the same again before I got home, I had little option but to get a taxi. This ended up costing me £147. I eventually got to Glasgow airport 2 hours and 47 minutes after I was supposed to.

    First thing in the morning I submitted a claim via BA’s website for the cost incurred. I received no response for a month, despite chasing several times. When I did get a response they said they “absolutely agree we’ve let you down”. They explained they investigate the reason for delayed flights (without explaining what happened to mine) and stated that if I speak to a member of staff they will “do our best to rearrange your travel plans to suit you”. Obviously this isn’t true as the people at Heathrow didn’t care, and there was no-one at Edinburgh to speak to. Finally, they said “Although I appreciate your reasons for asking, I’m afraid we can’t offer you refund”. There was no explanation as to why this was the conclusion. When I inevitably followed up, I was told that, having looked again, they were arranging to make a “contribution” of £50 towards the cost which is apparently in line with what they can offer so they are “fair” to all their customers. That was a couple of weeks ago now and the £50 has still not been sent.

    Still inevitably unhappy with this outcome, I wrote a letter addressed to the Head of Customer Relations, which I copied to the CEO Alex Cruz. It was a long and detailed letter in which I asked for various explanations, and also asked for them to send me copies of the correspondence on this matter in case I need to take it further – since BA uses an online form and I worked on the basis that my claim should be basically straightforward, I didn’t copy any of my submissions. The response I got – not from the head of customer relations – simply said they were right. They haven’t provided me with copies of the correspondence, even though I have asked them to do this a few times.

    I don’t see how it can be fair or reasonable for an airline to take my money to transport me to a particular destination but then send me somewhere else and expect me to foot the additional costs of getting to where I was supposed to be. Given all the circumstances, I do not feel that the costs I incurred were even slightly unreasonable – I really had no choice. Had I stayed down at Heathrow, the costs incurred would likely have been a lot higher. Has anyone had a similar experience with BA, and did you manage to get it resolved and get them to repay the costs you incurred? Needless to say, there is no way I’ll ever be flying with BA again!
    • Tyzap
    • By Tyzap 2nd Dec 17, 1:39 PM
    • 1,181 Posts
    • 565 Thanks
    Tyzap
    Hi legowyn,

    As you arrived at Glasgow just under 3 hrs late you do not qualify for compensation. Had it been 11 mins later you would have qualified for €250.

    So long as you have a receipt for the taxi, BA should refund that amount back to you. BA were obliged, by the regs, to make the arrangements for you, and this would have circumvented this issue. They failed to do so, and so they should now repay your costs.

    If they continue to refuse to pay up, I would ask BA to refer your claim to CEDR for an impartial adjudication.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • legowyn
    • By legowyn 2nd Dec 17, 3:07 PM
    • 4 Posts
    • 0 Thanks
    legowyn
    Thanks. I know that strictly compensation isn't due, but I did ask them to consider it given the delay actually exceeded the length of the flight time for both flights combined, and because it took them over a month to respond to me, followed by some exceptionally poor responses from their customer service team. I provided the receipt for the taxi to BA with my initial response and I completely agree that BA have failed to meet their obligations under the regs, which I have pointed out to them. This really shouldn't need to go to adjudication, which is likely to take a while and, as I understand it, comes with a cost, albeit it is refunded if I am successful.
    • JPears
    • By JPears 2nd Dec 17, 3:28 PM
    • 3,339 Posts
    • 926 Thanks
    JPears
    Why didn't you state that it took over 3 hours to get to Glasgow? How would they have known as they took no interest in their duty of care towards you?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Jackie2118
    • By Jackie2118 4th Dec 17, 7:39 PM
    • 2 Posts
    • 0 Thanks
    Jackie2118
    BA's response
    Hi Jackie2118,

    Thank you for your response, it was most helpful. Please see below the response I received from BA. FYI I had to call BA to find this out. They did not contact me as they promised. I have already escalated my case to CEDR for a ruling on the delay claim. However with regards to BA's refusal to accept any liability for the 6 day delay of our luggage, I am not sure if CEDR cover this?

    It's generally accepted that a medical emergency is an EC, meaning BA would not have to pay compensation.

    However, this may have happened earlier in the day on a different flight, known as a knock on delay, which would mean you are possibly due compensation.

    They should explain how and why this exempts them from being liable for compensation, which is what the regs expect of them.

    If BA will not come clean, you can ask for your claim to be referred to CEDR who will adjudicate on your behalf.

    Good luck.

    Edit.
    Please post your 1st flight details so we can have a dig around.
    Originally posted by Tyzap
    Thanks for your time on the telephone this afternoon. It was good to speak with you.

    As discussed, I can confirm that your flight, BA1487 from Glasgow to London Heathrow on October 02, was delayed because the crew operating it were delayed on the previous rotation. They had been delayed on the Edinburgh to London Heathrow sector by 52 minutes as the result of a medical emergency on board. The aircraft was late arriving in London Heathrow, and as a consequence was late arriving in Glasgow to operate your flight sector.

    A medical emergency is not a qualifying reason for a flight to be eligible for EU compensation, as it's regarded as being outside the control of the airline. Therefore, on this occasion, I regret to confirm that you and your family do not qualify for EU compensation after missing your original connection.

    My manager has reviewed your case with myself today. They have concluded that we are unable to offer any further gesture or compensation. I realise that is not the news you wanted to hear, and I'm sorry about that.
    • JPears
    • By JPears 4th Dec 17, 7:55 PM
    • 3,339 Posts
    • 926 Thanks
    JPears
    A medical emergency on a different flight is NOT usally an EC, especially as it affected a flight leaving Heathrow, BA's main hub. Contingencies should be in place for issues such as this. Medical emergencies are inherent in operating an airline. The operations department will have already known well before the flight from Edinburgh got to Heathrow that it was going to be late leaving Heathrow. Nearly an hour is a considerable amount of time in these city hop patterns and they would have known it would have knock on effects.
    What was your original transfer time between flights at Heathrow?
    BA have effectively called time on this so you can now go to CEDR with a full arguements in place. Help will be given here.
    As you mentioned previously, they appear to be ignoring your later connections completely.
    Time to
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Tyzap
    • By Tyzap 4th Dec 17, 8:43 PM
    • 1,181 Posts
    • 565 Thanks
    Tyzap
    Thanks for your time on the telephone this afternoon. It was good to speak with you.

    As discussed, I can confirm that your flight, BA1487 from Glasgow to London Heathrow on October 02, was delayed because the crew operating it were delayed on the previous rotation. They had been delayed on the Edinburgh to London Heathrow sector by 52 minutes as the result of a medical emergency on board. The aircraft was late arriving in London Heathrow, and as a consequence was late arriving in Glasgow to operate your flight sector.

    A medical emergency is not a qualifying reason for a flight to be eligible for EU compensation, as it's regarded as being outside the control of the airline. Therefore, on this occasion, I regret to confirm that you and your family do not qualify for EU compensation after missing your original connection.

    My manager has reviewed your case with myself today. They have concluded that we are unable to offer any further gesture or compensation. I realise that is not the news you wanted to hear, and I'm sorry about that.
    Originally posted by Jackie2118
    Hi Jackie,

    As the medical emergency was two flight before yours and, as JP says, it was to BA's hub at LHR, they had a clear opportunity to recover from the previous delay. They don't appear to have done anything to mitigate the continued delay being passed along the line to your flight. For that reason you are due €600 each, assuming that you arrived 4 or more hours late at Vancouver, due to the fact that the delay is calculated at the final destination.

    BA may argue the toss over this, but I would present these facts to them one more time and ask them to either reconsider their decision or refer your claim to CEDR. The rules are pretty clear, so it should be a formality.

    Keep us updated on any progress, as there are some other bits to add if you need to reply to their defence document, if it goes to CEDR for adjudication.

    Good luck.
    Last edited by Tyzap; 05-12-2017 at 8:27 AM. Reason: typo
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • jpsartre
    • By jpsartre 5th Dec 17, 10:07 AM
    • 2,783 Posts
    • 1,850 Thanks
    jpsartre
    When I inevitably followed up, I was told that, having looked again, they were arranging to make a “contribution” of £50 towards the cost which is apparently in line with what they can offer so they are “fair” to all their customers.
    Originally posted by legowyn
    £50 is BA's internal cap on refunding taxi costs. It has no basis in law and you should push to have the full amount refunded. If they didn't want you to take a taxi or if they didn't want to refund the full amount at least they should have made this clear to you when presenting the options of staying overnight at LHR or rerouting to EDI.
    • NYCfan
    • By NYCfan 5th Dec 17, 4:44 PM
    • 1 Posts
    • 0 Thanks
    NYCfan
    Hello,


    Our flight from JFK to LGW was cancelled at 2pm on the day of our flight that was meant to be at 10pm that night.


    They rebooked us on a flight at 6.30pm the following day. After 3 hours of trying to get through to them on the phone they put us up over night in the same hotel.


    On the confirmation they sent us for our rebooked flights it specifically says at the bottom "EU compensation confirmed", although the guy on the phone didn't actually mention it to me.


    Looking at all the details online regarding EU delay compensation, I assume this is clear cut and we will be offered this?


    Also, before we travelled I noticed that our return flight wasn't showing on our confirmation at all, and it wasn't until I called to query it they confirmed that our previous flight had been "fallen off" our booking & couldn't offer any explanation as to why this had happened. This was approximately 3 weeks before we travelled. I wondered if they would be liable to pay out any compensation for this?


    Thanks,
    Kev
    • jpsartre
    • By jpsartre 5th Dec 17, 7:15 PM
    • 2,783 Posts
    • 1,850 Thanks
    jpsartre
    Also, before we travelled I noticed that our return flight wasn't showing on our confirmation at all, and it wasn't until I called to query it they confirmed that our previous flight had been "fallen off" our booking & couldn't offer any explanation as to why this had happened. This was approximately 3 weeks before we travelled. I wondered if they would be liable to pay out any compensation for this?
    Originally posted by NYCfan
    Was the flight not reinstated following your call?
    • UncleBuck
    • By UncleBuck 6th Dec 17, 8:28 PM
    • 45 Posts
    • 59 Thanks
    UncleBuck
    Cancelled BA Flight on 5th August - escalated to CEDR - BA have submitted a defence
    long story short, Ba1336 17:45 LHR to NCL cancelled on 5th August 2017. Submitted claim via Resolver, eventually escalated to CEDR. Passed CEDR review and now BA have submitted a defence stating

    weather conditions,
    restricted flow rate in LHR
    "The cancellations were ultimately caused by ATC’s decision to irrevocably restrict flight movements."
    NEB Guidelines re Items 10,12, 29 and 30 :
    "10 Meteorological conditions or natural disaster or similar events
    Conditions and events incompatible with the safe operation of the flight. These conditions and events may be forecast to arise at either the airport of departure, the airport of arrival or along the intended flight path of the aircraft.
    12 Meteorological conditions or natural disaster or similar events
    Conditions and events resulting in capacity restrictions at either the airport of arrival or the airport of departure.
    29 Air Traffic Management
    Where Air Traffic Control suspends or restricts operations out of the airport of departure or into the airport of arrival.
    30 Air Traffic Management
    Where Air Traffic Control suspends or restricts operations into or out of a block of air-space through
    which the air carrier must travel in order to operate the flight.
    There were no reasonable measures that could have been taken by British Airways to avoid the cancellation."

    We were rebooked on a flight the next day late on Sunday evening. They have the cheek to say that they supplied lunch vouchers for the Sunday, we had to check out from the hotel by 12 noon, lunch started AT 12noon, so our lunch vouchers were denied!.

    I need to submit my defence within 2 weeks to CEDR. Any assistance would be appreciated. At the same time that they cancelled the Newcastle flight, they also cancelled Manchester, Dublin and Paris i.e. the short haul flights.

    Thanks in advance
    Regards
    UncleBuck

    NB:
    I did notice on
    https://www.flightdelays.co.uk/airline/british-airways

    That our actual flight BA1336 is on their list of claims submitted but of course it doesn't state that this was successful.
    There's always someone bigger and better, smarter and stronger but there's only one YOU!
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    • Tyzap
    • By Tyzap 6th Dec 17, 11:47 PM
    • 1,181 Posts
    • 565 Thanks
    Tyzap
    Hi UncleBuck,

    There were no ATC flow restrictions at LHR on the date of your flight according to this CAA list.

    http://caa.co.uk/Passengers/Resolving-travel-problems/Delays-cancellations/Your-rights/Am-I-entitled-to-compensation-/

    2017

    16 October - forecast high winds: Hurricane Ophelia
    6 July - forecast thunderstorms
    6 June - forecast strong winds and storms
    12 January 2017 - forecast snow
    23 January - forecast fog
    24 January - forecast fog
    25 January - forecast fog
    23 February - forecast strong winds (Storm Doris)
    2 March - forecast strong winds

    A bit of further investigation required regarding this CAA list, perhaps ask the CAA about your date for confirmation.

    Also check the online flight delay calculators, such as Botts, to see if they believe that you have a valid claim.

    Good luck.
    Last edited by Tyzap; 06-12-2017 at 11:51 PM.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • razorsedge
    • By razorsedge 7th Dec 17, 4:42 PM
    • 344 Posts
    • 145 Thanks
    razorsedge
    l
    NEB Guidelines re Items 10,12, 29 and 30 :
    "10 Meteorological conditions or natural disaster or similar events
    Conditions and events incompatible with the safe operation of the flight. These conditions and events may be forecast to arise at either the airport of departure, the airport of arrival or along the intended flight path of the aircraft.
    12 Meteorological conditions or natural disaster or similar events
    Conditions and events resulting in capacity restrictions at either the airport of arrival or the airport of departure.
    29 Air Traffic Management
    Where Air Traffic Control suspends or restricts operations out of the airport of departure or into the airport of arrival.
    30 Air Traffic Management
    Where Air Traffic Control suspends or restricts operations into or out of a block of air-space through
    which the air carrier must travel in order to operate the flight.
    Originally posted by UncleBuck
    The NEB 'Guidelines' are just a wishlist of excuses the airlines want to use. They have no legal basis and have been debunked by the courts on several occasions.

    Search this forum for NEB Wishlist too for some ideas about what contributors think about the NEB Guidelines
    The above is just my opinon - which counts for nowt! You must make up your own mind.
    • bezthespaniard
    • By bezthespaniard 10th Dec 17, 6:57 PM
    • 4 Posts
    • 0 Thanks
    bezthespaniard
    My mother's flight from Manchester to Heathrow was delayed 6 hours, flew to London, circled and returned. Now it is cancelled...

    They are refusing to put her in a hotel or do anything - does anyone know what we are entitled to and what we can do as she is stranded.
    • JPears
    • By JPears 10th Dec 17, 7:59 PM
    • 3,339 Posts
    • 926 Thanks
    JPears
    Even though it's weather related, BA have a duty of care to look after the passenger, including accomodation. If BA are refusing to do this she needs to quote reg 261/2004 at them, give them another chance then find the nearest convenient (dearest) hotel, let them know how much it will be, including taxi fares too and from. They will have to reimburse her. I hope they see sense and your man gets sorted quickly.
    If you're new. read The FAQ and Vauban's Guide

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