MSE News: Flight delay compensation floodgates open

Denando

maximus0983 wrote: »

I just checked the BA site and filled in my details. Flightstats showed the flight I was on was delayed by 213 minutes (3.5 hours).

BA say they cannot pay compensation as the flight was not cancelled.

Is this just for cancelled flights or delays too?

Nikesh

I've just had the same thing for my 271 minute delay. BA's otherwise meticulous website seems to be making this very difficult to find.

I suspect you have to 'contact customer relations' and request the compensation that way. Will try this myself.

bellymonster

I had a delay with BMIBaby this summer but they have been swallowed up by BA now and their website no longer exists.

Do I claim from BA or is there still an address for BMI that can be used?

I'll post the answer if I find out.

CHP47

I was delayed for 5.5 hours on a package holiday to Tunisia with Thomas Cook.I tried to claim compensation but they refused.A notice on their website also gives the impression they won't be paying out.Is it worth pursuing a claim?

Many thanks
CHP 47

chris-j

Great, another zillion quid will go into the coffers of claims management companies.
Seems to me that claims management companies are probably owned by european politicians.
Delays happen, its crap but move on. This kind of stuff adds £££'s to all our flights.

Pincher

I don't believe transport companies should provide compensation unless they are clearly negligent.
I pay very little for my flights currently, partly because they don't pay out compensation. This ruling can easily be the straw that breaks the camels back, and make some airline bankrupt.

People forget how hard travelling used to be, what with pirates and bandits, you don't get there at all sometimes. If you carry this kind of logic too far, I should claim compensation from bus companies and taxi drivers who have a breakdown, too. They are just people making a living, and I wouldn't want my customers taking advantage when it's just bad luck, either.

What I do find objectionable is how travel insurance companies never pay out, and always expect you to claim against the airline and credit card company. What I want is, if getting there on time is important, you buy insurance, which should provide for alternative transport WITHOUT EXCUSES, or pay compensation. Provided the airline gives me free drinks and food, that should be the end of their responsibility. I expect the travel insurance to pay for a hotel room if it's a long delay.

A variation on this is an airline optional extra, e.g. £5 per seat, so you get priority treatment when something happens. People who didn't pay has to wait as long as it takes.

shazz5555

We had a 22hour delay from Dalaman earlier this year. I too received the same template/ response. I have returned the email I received, asking for Thomas Cook to reconsider my compensation claim after the latest ruling. Not holding my breath, but only took a minute. Time will tell!!:p

richardw

chris-j wrote: »

...This kind of stuff adds £££'s to all our flights....

in the same way the minimum wage added loads to a fast food burger meal?

suilvenms

OK. Is this legislation/ruling actually undermining our previous rights to compensation?

On Monday morning (22nd October 2012), I travelled from Staines to Heathrow on the 71 bus. Eventually, after check-in problems, being sent from pillar to post and queuing for ages, I was told that the BA1308 flight was cancelled and that all other Monday flights to Aberdeen were now filled with the passengers from the cancelled flights. The BA staff member at Customer Services advised that my best and only option was to travel by tube at my expense to London City airport. I wasn't keen but he offered no other option - take it or leave it. It took me 2 hours with two changes on the tube to get there. I was desperate for the loo on arrival.

Again on arrival, my booking reference was rejected by the ticket check-in machine. After yet another run-around and long queues, it took an age to sort out the ticket/boarding pass. Whilst queuing, I over heard arrangements being made for the passengers of other airlines (Lufthansa or Luxair) to share taxis to Heathrow. Once I got my ticket, I passed security. The monitors in the gate area kept promising an update at 15.00hrs then around that time it changed to 17.00hrs but news of the Aberdeen flight cancellation got out before 17.00hrs.

Once again, people were on their mobiles, frantically trying to rebook onto the last 19.30hrs flight out of City airport to ABZ via the premium rate 0844 BA number (more profit for BA). However, word got out that even the last Aberdeen flight was eventually cancelled. We were all ushered out downstairs to collect our hold luggage, probably because the airport closes around 8pm and there are no flights allowed after 10pm.

So while most people queued, I managed to find a helpful girl. She instructed me to get a coffee whilst she went and got me a ticket for a Heathrow flight for the next day (Tuesday) around lunchtime. When she returned, I enquired about the provision of accommodation, transportation and food. When they said there was no entitlement, I showed her and one of her colleagues the rules/advice on the CAA website but they weren't interested. As a subscriber to Which? magazine and a former frequent flyer, I contested this, I then tried to escalate my issue/complaints but they refused.

They insisted that there was no one available from BA, no management, and that they were only powerless "agency" personnel, not BA. In the end, they refused to assist with any accommodation, transport or food and drink, eventually ignored me and left me to drink my unwanted coffee. During Monday and Tuesday, I incurred unexpected transportation, food and drink charges.

On Monday night, I took the DLR to Waterloo station and caught a train back to Staines to stay at my friends flat again because the airport personnel had told me that they would only provide hotels for those with children.

On Tuesday morning, once again, I caught the 71 from Staines to Heathrow T5, again all at my expense. Luckily, I had allowed extra time because I had not noticed that the Aberdeen flight was from T1 instead of T5 until the check-in machine advised me.

So I caught the Heathrow Express which after a "security check", took me to T1 for free. After checking in and dropping off my hold bag, I decided to ask BA Customer Services for a copy of their Curtailment and Cancellation policy. They gave me a copy but had run out of copies of some letter for the passengers of the flights cancelled due to fog. They agreed that I was entitled to accommodation, transportation, food and drink under these circumstances, albeit capped.

Naturally, I was very angry and passed through security to the gate. My flight was due to leave at 13.05hrs but was late departing but at least it got away. My friend who took me to the airport was available to collect me on Monday but only until 15.30hrs on Tuesday. However, because of the flight delay, I had to take two buses to get home around 18.00hrs - more expense.

The procedures as documented on the CAA website were neither recognised nor adhered to. It was nightmare for the in-transit passengers. The excuse recited as a mantra by London City airport staff was that it does not apply when repeated cancellations are due to inclement weather and the explanation was that it was because the Icelandic ash clouds had cost the airlines so much. I would like to ensure that all air travellers are fully protected and catered for in such circumstances as per the legislation.

Clearly, the system is not working and passengers are uninformed of their rights at airports. BA shirked their accommodation,transportation and food responsibilities on Monday at London's City airport. In the past, I have been put up in airport hotels by various airlines including BA, Cathay Pacific, KLM and Aer Linghus and received toiletries/toilet bags with T-shirts and all sorts of things as well as vouchers for food, drink and free phone calls home, mostly due to inclement weather. When I lived and worked in Dublin, I became acutely aware of my rights as a result of the commuting to Aberdeen frequently going wrong. When I flew to Iceland around the time of the ash cloud I researched my rights and find I am kept up-to-date through Which? magazine who keep readers abreast of our rights under the bond that all airlines subscribe to. I wrote to Indeed, I intend to write to Which? upon my return.

I am afraid I have lost confidence in flying and particularly with BA. Can you do anything to restore my confidence and compensate me for this unfortunate error on their part. A rapid resolution would be much appreciated.

I wrote to the CAA during my >24hr delay. After some automated responses, I received a standard reply the day after I returned (Wednesday) urging me to write to BA and referring me to a variety of links and web pages. Naturally, I was disappointed with this communication. Clearly, I have not had time to write to BA but my expectation is that the CAA should take more of an interest in regulating and if necessary disciplining airport staff who are misleading passengers and conning them out of their entitlements. If the CAA is first point of contact, it should own this complaint, pursue the issue on behalf of the consumer and resolve the issue or obtain compensation instead of referring me to a list of links to webpages in an impersonal standard email response.

If the CAA is going to live up to it's own statement quoted in their email that the "CAA to put the consumer at the heart of all its work", it should be very concerned about this issue. Indeed, I expect the CAA to lead by example, take a leading role in resolving this appalling travesty and stamping out the blatant lies that it's members are telling many, many consumers/passengers and consequently swindling them out of the compensation and assistance they are legally entitled to.

So far all I have is a lot of automated emails from the CAA, diversion tactics and absolutely no real or worthwhile assistance whatsoever. I raised the issue with BA in person at London City, Terminal 5, Terminal 1 and Aberdeen airports. Mostly, they claimed ignorance, they didn't have copies of pertinent letters, their cancellation and curtailment policy and hid behind 0844 nos and websites, by handing out these on BA business cards for the Customer services 0844 nos. Service???

So the new legislation seems to agree with the airport personnel's position that passengers are not entitled to anything if stranded due to bad weather and tough if your airport closes. If you read it carefully, this is not what it says on the CAA website, bad weather is included.

So my question is: Have consumers lost that protection - accommodation, transport, food and drink if cancellation or curtailment is attributable to bad weather? Any thoughts?

michaels

Great news, a lucky few will get a windfall. Claims handling companies will get a bigger windfall.

Everyone will now pay more for their flights as the airlines will have to build in a buffer to cover the payouts they end up having to make.

A real 'win' for consumers there I think...not

richardw

suilvenms wrote: »

..Have consumers lost that protection - accommodation, transport, food and drink if cancellation or curtailment is attributable to bad weather? Any thoughts?

No, their entitlement is clear

Article 9
Right to care
1. Where reference is made to this Article, passengers shall be offered free of charge:
(a) meals and refreshments in a reasonable relation to the waiting time;
(b) hotel accommodation in cases
- where a stay of one or more nights becomes necessary, or
- where a stay additional to that intended by the passenger becomes necessary;
(c) transport between the airport and place of accommodation (hotel or other).
2. In addition, passengers shall be offered free of charge two telephone calls, telex or fax messages, or e-mails.