Ba

leighv

In short - on Thursday evening I was going to France for my birthday. We were supposed to leave at 19.30 - but we didn't get on the plane until 20.15. We then sat there until about 22.00 - at which time the plane was cancelled due to weather. My argument at this point was that if we had left on time (and not delayed due to the inbound aircraft) we would have been able to take off (like the other flights around us). So, despite the fact it then took us 2 hours to deboard, get our bags and stand in a queue to rebook that was 45 desks long, and I would estimate 500 people long - with only 5 staff serving, we got home at midnight (after ringing BA to get a rebook). The number BA gave on their letters was in fact closed....

So the next morning we were booked on the 9.00am flight. I received a text message to inform me that this was cancelled. We tried to rebook for 12.00 (the next flight). Not possible - fully booked. We ended up on the evening flight from the night before, 24 hours later. I had wasted 1 full day of holiday, priceless to me - but in pure monetary terms work about 300 gbp.

So the question is - what can I claim for? I had 2 cancelled flights, 1 holiday day missed, taxi fares, etc, etc. If I go to small claims court and decided to go the whole hog - i.e. 250ex2, 300gbp, + 25 taxi fares, + phone calls, + compensation (as we were not offered hotels, phone calls, etc), what happens if the judge only awards me half or a proportion. Do I "lose". What I don't want to happen is that I end up paying BA costs.

Any advice very welcome.

lvr.

itsakidsworld

If you go to the website https://www.holidayforums.co.uk they have a section on this situation. They have the name of a legal expert who will give you the correct advice.

exel1966

Why are you jumping straight into a possible court case ? It seems as if BA's customer service that night may have been lacking somewhat, but have you actually written to BA and outlined your concerns / expenditure ? Have you got Travel Insurance ? You are entitled to claim for certain costs which the airline must pay. Others not, as Thursdays delays were down to severe weather (thunderstorms/lightning).

jetboy

Weather delays are a sticking point and generally not covered by eu legislation. Unfortunately I have had dealings with BA customer service myself and I don't hold out much hope for you there. You will receive a generic letter in about 4 weeks time telling you nothing. In fact you'll be lucky if it has your name on it. Consequently if you feel you have a case, I would prepare to do battle in the small claims. First port of call however should be consumer advice and maybe try the various consumer advice pages in the sunday papers. Unfortunately due to the involvement of 'weather' you may not have a case at all.

http://forums.moneysavingexpert.com/showthread.html?t=235090

richardw

Was the 9am flight cancelled due to weather?

withabix

Do you have travel insurance?

Delays due to weather and the knock on effects of such are usually covered by travel insurance as weather isn't the airline's fault. The airline can't be blamed if the destination airport is closed etc.

BA's customer service might be poor, but they weren't liable to provide you with compensation/accommodation/transport/food or anything else if the delay was in any way outside their control.

My annual family policy pays £500 per person for "Delay due to adverse weather" and £100 per person for "Travel Delay", both with £0 excess.

I presume there are different bands of delay, but I haven't looked.

My annual family policy costs £7 per month via my emloyer, for worldwide cover including winter sports. I presume other policies with higher premiums may well have higher cover.

Anyone who flies without travel insurance is a fool.

leighv

The 2nd flight was delayed because the originating crew were stuck in the US - according to BA. My view is that for the first flight - if we had flown when we had supposed to - i.e. 1 hour before, like the Kenya flight next to us - we would have taken off.

The other question was regarding the small claims court. Is there a win or lose case, i.e. if I sue for x00, can the judge award just a percentage of this - but it is a clear win/lose situation.

I also agree with the previous poster re: BA. My letters in the past have yielded nothing.....

dixie_dean_2

I think in smalls claims costs can be awarded against you if you have been unreasonable (there is of course more formal terminology for this). I asked a mate who is a barrister in connection to bank charge claims I made a while ago. If you have not attemtped to resolve the problem without recourse to legal action they can award against you. You should definitley write a letter to them, look at travel insurance, etc, before just starting a claim.

WiseInvestor_2

leighv wrote:

My view is that for the first flight - if we had flown when we had supposed to - i.e. 1 hour before, like the Kenya flight next to us - we would have taken off

Unfortunately it's not just the weather over the airfield that causes delays. Flights had been delayed into and out of Heathrow for much of the day due to the weather 'on it's way'.

It sounds as though Travel Insurance is your hope of recourse.
Good luck.

WiseInvestor_2

leighv wrote:

The 2nd flight was delayed because the originating crew were stuck in the US - according to BA

You don't state your original destination but I'd be surprised if pilots inbound from the States were scheduled to operate it. There are always dozens of cancellations the day after major disruption due to the ongoing effects of crews being in the wrong place.

plane_boy2000

I fly BA quite often and have always found them to be quite helpful, and my complaints have always received positive outcomes, but I know that is not the case for all.
I understand your frustration, but the weather may have been an issue, and your safety is always their first priority.

Regards going straight to court you would likey lose as the court would expect you to demonstrate that you have tried all alternative ways of resolving the issue so I am afraid that writing is teh first step.