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Ba delayed flight, lost holiday time

245

Comments

  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    stoneman wrote: »
    OP,
    I am assuming that all of this was booked with BA on one ticket. As far as I can see you are entitled to 250 euros each compensation for the 5 hour delay NCL-LHR. You received care while at Heathrow by BA until the flight the next day, IE, food and hotel. You are not entitled to any other "compensation" because of lost nights in Vegas.
    Now there might be that because this was a "through" ticket the first delay impacted on the next flight so the delay was for the longer distance as that was the final destination on the ticket, so you might be entitled to 600 euros instead of 250.

    The appropriate compensation is 600 Euro because they held a ticket to Vegas. However, they suffered a delay rather than denied boarding and so they are in legal limbo until the challenge to the Sturgeon judgement is resolved.
  • ANGUZ
    ANGUZ Posts: 6 Forumite
    Is that 600 euros for the 2 of us or each ?

    They are phoneing me back on Monday to see I would accept their offer, I had to speak to my girlfriend over the weekend, she didnt want to accept the offer either, so whats my next step, say I`ll go to Cit Advice or do I quote this EU reg sorry not very good with this sort of thing.

    I oviously wrote to the Customer Service Dept In Sudbury, I asked him for an address to go higher than his dept, but he wasnt very forthcoming saying, I dont want to discourage you from writing, but its our policy not to pay compensation, so It the Avios points or nowt as they feel they didnt do anything wromg which Is cobblers.
  • stoneman
    stoneman Posts: 4,550 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    So how does this work and who pays the compo if it was booked through a TA? You can bet a dollar to a dime that BA, Netflights and TC will try a ball batting game.
    All I can say to the OP is to keep everything concise when complaining, leaving out all the "rubbish" "how no one lost it" and "staff were hopeless" comments. It really does make it much easier to deal with for all concerned.
    It is 600 euros each
    The common law of business balance prohibits paying a little and getting a lot. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.
  • stoneman
    stoneman Posts: 4,550 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 4 August 2012 at 6:34PM
    The appropriate compensation is 600 Euro because they held a ticket to Vegas. However, they suffered a delay rather than denied boarding and so they are in legal limbo until the challenge to the Sturgeon judgement is resolved.
    Isn't the Sturgeon case to do with long delays being classed as cancellations for compensation purposes, hence nothing to do with the OP's situation?
    The common law of business balance prohibits paying a little and getting a lot. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.
  • ANGUZ
    ANGUZ Posts: 6 Forumite
    Im sorry but It very upsetting the way we were treated, and they dont seem to give a hoot, Ill stick to facts from now on.
  • Ich_2
    Ich_2 Posts: 1,087 Forumite
    I am surprised that they would have staffing issues at NCL.

    BA have no crew based at NCL
  • stoneman
    stoneman Posts: 4,550 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    ANGUZ wrote: »
    Im sorry but It very upsetting the way we were treated, and they dont seem to give a hoot, Ill stick to facts from now on.
    OP,
    You can talk how you like on here, we really don't care when someone has an obvious grief. It was just advice for when you phone BA or have to put something in writing to them.;)
    The common law of business balance prohibits paying a little and getting a lot. If you deal with the lowest bidder, it is well to add something for the risk you run, and if you do that you will have enough to pay for something better.
  • ANGUZ
    ANGUZ Posts: 6 Forumite
    Ok thanks, they had a four page letter non offensive giving all details, so I dont know whatto do now as far as which dept to writer to.
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    stoneman wrote: »
    Isn't the Sturgeon case to do with long delays being classed as cancellations for compensation purposes, hence nothing to do with the OP's situation?

    The Sturgeon case has everything to do with the OP's situation.

    The actual wording of EU261 says nothing about delays, only compensation when passengers arrive late at their final destination because their flight has been cancelled or they have been denied boarding. So airlines that follow the letter of the law do not pay compensation for long delays, only cancellations. However the judgement in the Sturgeon case extended the compensation to cover delays, which is what the OP suffered. The airlines are appealing against it, but it is likely that the Sturgeon judgement will be confirmed next month, giving people in this situation the same right to compensation as those whose flights have been cancelled.
  • Voyager2002
    Voyager2002 Posts: 16,349 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    ANGUZ wrote: »
    Ok thanks, they had a four page letter non offensive giving all details, so I dont know whatto do now as far as which dept to writer to.

    All that matters is that you had a through ticket from NCL to Vegas; the departure of the first leg of your journey was so seriously delayed that you missed your connecting flight and so arrived at your final destination a good deal more than three hours after your scheduled arrival time. And you have good reason to believe that the delay was NOT caused by "exceptional circumstances" beyond the control of the airline.

    Not quite four pages!
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