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    • jpsartre
    • By jpsartre 20th Jan 18, 11:29 AM
    • 2,918 Posts
    • 1,926 Thanks
    jpsartre
    Just to remind everyone that it wasn’t my flight that was directly affected by the airplane change but the flight before and this resulted in the delay to my flight.
    Originally posted by BB.
    That doesn't mean you're entitled to compensation (nor does it mean that you're not). What matters is whether or not BA took every reasonable step to prevent your delay once it was determined that the originally scheduled aircraft couldn't be used.
    • Yvonnemmooney
    • By Yvonnemmooney 26th Jan 18, 7:40 PM
    • 3 Posts
    • 0 Thanks
    Yvonnemmooney
    Flight with BA was delayed by 4 hours and we missed our connecting flight resulting in an overall delay of 4 hours. We were flying from Accra to Heathrow, flight was delayed because the inward flight from Heathrow to Accra was delayed. We were told that the plane had to be repaired. Claimed compensation but this was denied as BA told me that the flight was grounded due to health and safety reasons, there was a report that there were bugs on the plane and it had to be fumigated. BA stating that it was out with their control. If I appeal do I have a chance of getting compensation. Thanks
    • Caz3121
    • By Caz3121 26th Jan 18, 7:52 PM
    • 11,031 Posts
    • 7,231 Thanks
    Caz3121
    put your flight details into EUClaim and bottonline's checkers, they will have access to the data to be able to confirm if the airline are correct (or not)
    • jpsartre
    • By jpsartre 26th Jan 18, 8:26 PM
    • 2,918 Posts
    • 1,926 Thanks
    jpsartre
    put your flight details into EUClaim and bottonline's checkers, they will have access to the data to be able to confirm if the airline are correct (or not)
    Originally posted by Caz3121
    They don't have access to anything. Most likely they'll say there's a valid claim whether it's the case or not.
    • legal magpie
    • By legal magpie 27th Jan 18, 4:36 PM
    • 793 Posts
    • 368 Thanks
    legal magpie
    It sounds a valid claim to me as some airlines regularly spray aircraft between flights. Purely operation issues.
    • ghol26
    • By ghol26 31st Jan 18, 4:34 PM
    • 63 Posts
    • 54 Thanks
    ghol26
    I contacted BA through their online form as advised snout this 24 hour delay on 29th December. They have sent me some useless evoucher and have added Avios points to my account in the meantime but nothing has happened regarding flight delay compensation. I checked eligibility on the EU Claims website which suggests I am entitled to compensation.
    How much longer should I be waiting?
    • ghol26
    • By ghol26 31st Jan 18, 4:37 PM
    • 63 Posts
    • 54 Thanks
    ghol26
    I contacted BA through their online form as advised about this 24 hour delay on 29th December. They have sent me some useless evoucher and have added Avios points to my account in the meantime but nothing has happened regarding flight delay compensation. I checked eligibility on the EU Claims website which suggests I am entitled to compensation.
    How much longer should I be waiting?
    • UncleBuck
    • By UncleBuck 11th Feb 18, 11:56 AM
    • 46 Posts
    • 59 Thanks
    UncleBuck
    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.
    Originally posted by UncleBuck
    Ok so CEDR appointed an adjudicator who has ruled in BA's favour. Apparently repotred thunderstorms in the area (we didn't see any!) is considered and 'extraordinary circumstance'. The ajudicator states "accept on the evidence before me on the balance of probabilities that the weather conditions resulting in the ATC restrictions reducing the flow into and out of LHR and the resulting cancellation of the Flight constituted an extraordinary circumstance. I am satisfied that the Airline took reasonable measures and it was unable to avoid the cancellation".

    Is it just me, should the adjudicator not make a decision on the facts, when has "on the balance of probabilities" been a fact?.

    I now have upto 20 days to agree the decision or rebuke. Any suggestions would be warmly welcomed. As with everything with BA, its now more than just the compensation money, its a point of principle for me!.

    Regards
    Uncle Buck
    There's always someone bigger and better, smarter and stronger but there's only one YOU!
    Proud to be a MF and DF MSE after following advice here and breaking the ground-in mental barriers to change!
    • Tyzap
    • By Tyzap 11th Feb 18, 3:42 PM
    • 1,267 Posts
    • 600 Thanks
    Tyzap
    Hi,

    I would have thought that if the date of your delay is not included in this CAA list then it should not be accepted by the CEDR adjudicator. As your delay was not on one of the CAA exempted date there seems to be no justifiable reason for this decision.

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

    It's yet another bizarre decision by CEDR.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • Justice13075
    • By Justice13075 11th Feb 18, 4:31 PM
    • 1,040 Posts
    • 439 Thanks
    Justice13075
    EuClaim say you are possibly due !!!8364;250 put your details into Bottonline and see what they say
    • jpsartre
    • By jpsartre 12th Feb 18, 8:04 AM
    • 2,918 Posts
    • 1,926 Thanks
    jpsartre
    If the cancellation was due to ATC restrictions, no compensation is due so I don't see anything bizarre about the CEDR decision. The list on the CAA website isn't an exhaustive list of flights cancelled by ATC. Since other shorthaul flights were cancelled from LHR that day, ATC restrictions sounds like a plausible culprit.
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