Flight delay and cancellation compensation, BA ONLY

Caz3121

whether EU compensation applies will depend on what they mean by "This delay is considered a minimal delay resulting from extraordinary circumstances beyond our control." If the delay was caused by ATC or weather then they are not required to pay compensation

H_Rubinfeld

I was just about to reply as my first letter was not clear I think. Also based on your response (thank you) I can add that the two flights were booked together:

BRITISH AIRWAYS BAFlight Number 0164 Confirmed, Confirmation# 3XXXX

BRITISH AIRWAYS BAFlight Number 0247 Confirmed, Confirmation# 3XXXX

So it appears from the FAQ page that the issue is when I got to my final destination, that being Brazil. There were no "extraordinary circumstances"--they are just babbling.

So it seems they are trying to push me off two ways, if not three.

One is that because I'm Israeli, the EU rules don't apply.
Two is that since the first delay was minimal, they are not responsible for the end delay in getting to Brazil.
Three is that there were some extraordinary circumstances.

I can demand an explanation regarding number three, but regarding the first two, can anyone confirm that I am right and have any advice on what I should write back to them?

Thank you!

Invalidation

I won my claim against British Airways for the 22 hour delay Bangkok to London.€600
Now Im chasing them again for not offering me a rerouting, which they were legally obligated to offer.

glentoran99

Invalidation wrote: »

I won my claim against British Airways for the 22 hour delay Bangkok to London.€600
Now Im chasing them again for not offering me a rerouting, which they were legally obligated to offer.

Were they?

Invalidation

glentoran99 wrote: »

Were they?

Yes they were under the EU regulations.
They claim they were only obligated to reroute me onto one of their flights but thats not what the EU regs state.
Apart from which they rerouted some Business class passenger but not any Economy class/

Caz3121

Invalidation wrote: »

Yes they were under the EU regulations.
They claim they were only obligated to reroute me onto one of their flights but thats not what the EU regs state.
Apart from which they rerouted some Business class passenger but not any Economy class/

If you have already received your €600 and received hotel etc under duty of care, I would not expect them to pay you anything further. It is possible that other carriers had business class availability but not economy. Being delayed 22 hours with no reroute does not get you any more compensation than being rerouted and delayed 3.5 hours. You will likely get an apology letter that they were unable to get you seats on another carrier

symphony63

I bought a flight from BA with a single PNR from LHR to TLV with a stop in TXL.
The flight LHR-TXL was operated by BA and the flight TXL-TLV was operated by air-berlin I had a delay of 10 hours.
I wrote to BA claiming under Regulation 261/2004 claiming €600. I got a reply from them that I should contact air-berlin as they had the delay.
What is the right action? As I understand BA is liable as it was with them that I bought the ticket I actually have only one ticket number and 1 booking reference.

Can someone please refer me to a case where this was decided on?

The Folkerts Judgment only discusses where the first leg had a delay causing a delay on the second leg, here the first leg wasn't delayed.

JPears

symphony63 wrote: »

I bought a flight from BA with a single PNR from LHR to TLV with a stop in TXL.
The flight LHR-TXL was operated by BA and the flight TXL-TLV was operated by air-berlin I had a delay of 10 hours.
I wrote to BA claiming under Regulation 261/2004 claiming €600. I got a reply from them that I should contact air-berlin as they had the delay.
What is the right action? As I understand BA is liable as it was with them that I bought the ticket.
Can someone please refer me to a case where this was decided on?

Where/when was your delay? Your claim probably is against Air Berlin.
I suspect the solution maybe to claim against both in a situation like this upto and including issuinhg court papaers, see who capitulates first...

Caz3121

The operating airline of the delayed flight is who you should claim from
If the delay was on the second flight then the claim is from Air Berlin
If the delay was on the first flight and this caused you to miss your flight and the replacement flight got you to TLV late then the claim is from BA

symphony63

JPears wrote: »

Where/when was your delay? Your claim probably is against Air Berlin.
I suspect the solution maybe to claim against both in a situation like this upto and including issuinhg court papaers, see who capitulates first...

The delay was with the second leg of the flight ie. airberlin.