Flight delay and cancellation compensation, BA ONLY

JPears

Does Zagreb take you over the 250Euro distance?
If so it theoretically should be the higher amount, IF you bought a single ticket. Unfortunately this is a grey area in terms of the regualtions and as far as I know hasn't really been tested in court.
To my mind, if I put a departure point and destination into an airline's booking system and the route includes a connection, the ticket says A to B and I make one financial tranasaction to purchase, that is a single ticket= higher compo amount.

PurplePow

JPears wrote: »

Does Zagreb take you over the 250Euro distance?
If so it theoretically should be the higher amount, IF you bought a single ticket. Unfortunately this is a grey area in terms of the regualtions and as far as I know hasn't really been tested in court.
To my mind, if I put a departure point and destination into an airline's booking system and the route includes a connection, the ticket says A to B and I make one financial tranasaction to purchase, that is a single ticket= higher compo amount.

NCL to Zagreb is 1610.13 km so it should be. Yes I was booked all on one ticket through BA (which is why they put me on a new flight the next day). So it should be the higher rate?

JPears

Yes. Point out their error backing it up with the relevant wording from regulation 261/2004, with the letter acting as your NBA.

Matt_OX4

Hi, wonder if someone could confirm what I think I am entitled to for a BA flight cancellation

- Original flight - FCO to LGW (1,400km) @ 19:50 on 20/06/2015, due to arrive at 21:20
- Flight cancelled due to reduced services at FCO following fire on 7th May - apparently the flight was cancelled well in advance of 20/06 but BA neglected to inform us & the app was still showing the flight as running and even prompted me to check in on 19/06/2015
- Told to go to Hilton Rome Airport where a room would be provided - got there and no room was in my name, waited for a room, none came, so eventually took a room and paid for it myself - we also had dinner at the hotel
- Rebooked onto FCO -> VCE -> LHR on 21/06/2015 - finally landed at Heathrow at 13:20

In conclusion, I incurred additional expenses of €345 for the room and for dinner (I waited so long for a room to be provided that by the time I decided to just get one myself only Executive rooms were available). I also understand I should be entitled to €250 per person for the delay in arriving at my destination (which wasn't Gatwick where I needed to be and had to get a taxi to get my car, but this was our decision as we could get home earlier this way and I expect I am not entitled to anything).

The BA website has a form for expenses incurred due to a delay, but nowhere can I see a form for claiming compensation - is the only option to write to them?

Thanks in advance
Matt

JPears

This is a tricky one. The reason for the cancellation was an EC - fire at airport - not BAs problem. BUT there could be an arguement that they didn't contact you or reroute you when they could and should have done, well in advance.

Matt_OX4

Thanks for the reply - I admit that a fire is an exceptional circumstance, but not when it occurred 6 weeks prior to the cancellation surely?

Caz3121

Matt_OX4 wrote: »

Thanks for the reply - I admit that a fire is an exceptional circumstance, but not when it occurred 6 weeks prior to the cancellation surely?

It is the airport authorities that are restricting the flights (should be back to normal later on this week)
http://www.britishairways.com/travel/flightops/public/en_gb?p_faqid=5272
there may be some useful info in this post re whether EU261 could apply
http://www.flyertalk.com/forum/british-airways-executive-club/1688381-fco-flight-cancellations-up-including-thursday-25-june.html

zaffi

I think BA may have lied to me to avoid paying compensation.


Details are


BA 068 on 22st June from PHL to LHR was delayed by 12 hours, due to depart at 10pm was delayed till 10:45am 23rd June.


We were informed by email and text and instructed to phone to sort out our connection back to EDI. Whilst on the phone it became obvious taking the delayed flight wouldn't work as it would have arrived at 11pm at LHR and there would be no domestic connections until the morning.


We were rebooked on the 6.30pm flight (BA 066) and arrived in EDI 11:00am on 24th June.


At PHL we were given a letter stating the delay was due to a crew issue, the crew waiting to go back to LHR were not trained on the aircraft that had been sent and the crew that came over needed rest time - so not extraordinary.


I phoned to inquire about compensation and was told that compensation would only be paid IF we had travelled back on the original delayed flight.


Looking at the regs, I can't see where this is mentioned and I found the below on Wikipedia


So are they bang to rights?


Any help would be greatly appreciated


Also as an aside - if BA pay for our hotel and meals, do I still claim under travel insurance?


cheers
zaf


Compensation and assistanceURL="https://en.wikipedia.org/w/index.php?title=Flight_Delay_Compensation_Regulation&action=edit&section=5"][COLOR=#0000ff]edit[/COLOR][/URL


There are three broad categories of compensation and assistance that may be required in the case of cancellations or denied boarding.


Cash compensationURL="https://en.wikipedia.org/w/index.php?title=Flight_Delay_Compensation_Regulation&action=edit&section=6"][COLOR=#0000ff]edit[/COLOR][/URL


Cash compensation is a payment of:

1. €250/400/600 for flights type 1/2/3 (see notes).

Where rerouting is offered and results in the passenger arriving within two/three/four hours of the scheduled arrival time for a type 1/2/3 flight, the compensation payable is halved.


This payment is strictly a compensation for the customer's inconvenience and does not replace or form a part of either of the following two compensation categories.


The Airline is not obliged to provide cash compensation in the case of extraordinary circumstances which could not have been foreseen even if the airline took all reasonable precautions, according to Article 5, Paragraph 3.


Rerouting or refundingURL="https://en.wikipedia.org/w/index.php?title=Flight_Delay_Compensation_Regulation&action=edit&section=7"][COLOR=#0000ff]edit[/COLOR][/URL


Rerouting or refunding is, at the passenger's choice, one of the following three compensations:

1. Repayment of the cost of unused flight tickets, and for used tickets where the flight(s) taken no longer serve(s) any purpose in relation to the passenger's original travel plan, and where applicable, a flight back to the original point of departure at the earliest opportunity
2. Rerouting under similar conditions to the intended final destination at the earliest opportunity
3. Rerouting under similar conditions to the intended final destination at the passenger's leisure, subject to the availability of seats.

If a passenger's destination is an airport at a city with multiple airports and rerouting results in the passenger being taken to another of those airports, the airline must also pay for transport for the passenger to the original intended airport or an agreed nearby destination.


Refreshments, communication and accommodationURL="https://en.wikipedia.org/w/index.php?title=Flight_Delay_Compensation_Regulation&action=edit&section=8"][COLOR=#0000ff]edit[/COLOR][/URL


When passengers become entitled to these assistances, they must be offered, free of charge,

• Meals and refreshments in proportion to the waiting time
• Two telephone calls, fax or telex messages, or emails

Hotel accommodation and transport between the airport and the hotel, if a stay of one or more nights, or a stay additional to that intended by the passenger becomes necessary

Caz3121

zaffi wrote: »

There are three broad categories of compensation and assistance that may be required in the case of cancellations or denied boarding.

If I read your post correctly your original flight was delayed and not cancelled so this section would be of no relevance
Can you confirm
You were due to travel on BA68 on the 22nd which would have got you back to Edinburgh on the 23rd
You were rebooked on the BA66 and got back to Edinburgh on the 24th...was the BA66 on the 23rd (so instead of having a forced overnight in Heathrow if you had travelled on the original flight, you had an overnight in PHL and travelled the next day)
Had you travelled on the original flight you would have been able to claim €600 and still got back on the 24th but BA chose to overnight you in PHL instead...is that correct?
re travel insurance, you could check your policy, some may offer £20 per 12 hour delay or equivalent..if you did not pay for the hotel etc you would not be able to claim the hotel costs from insurance

zaffi

Ah, in my haste to be right I didn’t notice that section didn’t apply to delayed flights!

Caz3121 wrote: »

If I read your post correctly your original flight was delayed and not cancelled so this section would be of no relevance
Can you confirm
You were due to travel on BA68 on the 22nd which would have got you back to Edinburgh on the 23rd – correct
You were rebooked on the BA66 and got back to Edinburgh on the 24th...was the BA66 on the 23rd (so instead of having a forced overnight in Heathrow if you had travelled on the original flight, you had an overnight in PHL and travelled the next day)

– both the original flight BA 068 and BA 066 departed PHL on the 23rd at 10:45am and 6.30pm respectively. So there was an overnight in PHL regardless. If we had travelled on BA 068 there would have been a forced overnight in LHR 23th into 24th. Taking the BA 066 6.30pm flight meant this “overnight” was inflight



Had you travelled on the original flight you would have been able to claim €600 and still got back on the 24th but BA chose to overnight you in PHL instead...is that correct?




– The overnight in PHL was unavoidable 22nd into 23rd, the only difference between the two flights was an overnight at LHR 23rd into 24th or an overnight inflight. We were booked on the same flight from LHR to EDI on the 24th in either instance, the 09:35am BA 1438



re travel insurance, you could check your policy, some may offer £20 per 12 hour delay or equivalent..if you did not pay for the hotel etc you would not be able to claim the hotel costs from insurance



BA did not pay for the extra night in PHL we did. We didn't get anything from BA as we were made aware of the delay before arriving at the airport. Insurance is through amex platinum who have said they'll cover hotel and expenses

replies in red
cheers,
zaf


Edit - found this from the same wiki entry


Furthermore, in the joined cases of Sturgeon v Condor, and Bock v Air France (C-402/07 and C-432/07),/COLOR][/SIZE][SIZE=2][COLOR=#0066cc]3[/COLOR][/SIZE][SIZE=2][COLOR=#0066cc the Fourth Chamber of the European Court of Justice held on 19 November 2009 that despite no express provision in the Regulation to compensate passengers for delay, passengers are now entitled to the compensation as set out in Article 8 for any delay in excess of three hours providing the air carrier cannot raise a defence of "extraordinary circumstances".

"Articles 5, 6 and 7 of Regulation EC 261/2004 must be interpreted as meaning that passengers whose flights are delayed may be treated, for the purposes of the application of the right to compensation, as passengers whose flights are cancelled and they may thus rely on the right to compensation laid down in Article 7 of the regulation where they suffer, on account of a flight delay, a loss of time equal to or in excess of three hours, that is, where they reach their final destination three hours or more after the arrival time originally scheduled by the air carrier."/COLOR][/SIZE][SIZE=2][COLOR=#0066cc]4[/COLOR][/SIZE][SIZE=2][COLOR=#0066cc