Flight delay and cancellation compensation, BA ONLY

Scruffywuffy

My understanding is that the delay is calculated from when the doors open on arrival at your destination as they can make time up on the flight - so for example a flight could leave 3 hours late but make time up so it arrives 2 hours 50 minutes late.

JPears

bassoonread wrote: »

I flew from EDI to LIS on 15 July. My original itinerary was:

BA1441 EDI-LHR 10.00-11.40
TAP0359 LHR-LIS 13.45-16.25

BA1441 was delayed because of mechanical failure and I missed my connection so BA rebooked me on

BA0502 LHR-LIS 15.25-18.05

BA0502 was also delayed because of mechanical failure, so I eventually landed at LIS at 20.18, and the total delay to my journey was 3 hours and 53 minutes. I thought this made me eligible for delay compensation, although I can't find anything in regulation 261 which specifically addresses two delayed flights like this. BA has rejected my claim, because the rebooked flight was _scheduled_ to get me there within 3 hours. Do you think they're right, or is it my actual final arrival time which counts?

BA wrote:
"I'm sorry to inform that your claim for compensation has been refused. This is because you were rebooked to flight BA0502, which was scheduled to arrive at Lisbon within three hours of your original scheduled arrival time. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation."

If it was a single ticket journey ie you booked EDI-LIS, irrespective of any change of aircraft midjourney, you are due compensation as your final destination was LIS and you arrived more than 3 hours late. It matters not a jot what time the scheduled arrival was on BA502, its the time the doors actually opened that counts.

jilljazz

I was booked on 21.10 flight from Glasgow to London Gatwick on Fri 3 Jul. Received a text at 6pm to say flight was cancelled and to call if I wanted to accept switch to the 21.00 to LHR. Called the number and said I would accept the change but asked how I get from LHR to LGW late at night - told that was up to me so I booked National Express coach at £26 for 23.30 (had a hotel booked at LGW). Arrived at Glasgow Airport - checked in for the 21.00 to LHR - all fine. Then advised flight delayed until 22.40. Waited at gate. At approx 22.00 told that the 21.00 to LHR now cancelled due to operational issues and all passengers to go back down to the desks to queue for info.
Was fairly high up in the queue - told that there were no spaces on any Glasgow to London fllghts the following day but that there would be an overnight coach leaving in approx 45 mins. Shown where to wait for coach.
At approx 23.45 - about 20 of us waiting for coach approach a member of staff to be told that they'd decided not to book a coach after all as some seats from Edinburgh had become available the next day, however they had now all been allocated. Told by manager at desk that we could get refunds but would have to apply online. Got a taxi home after midnight. Cancelled all my meetings the next day.
Applied online as instructed and also submitted receipts for taxi, National Express coach and cancelled hotel at Gatwick.
Flights had cost me £190.
Now, six weeks later, I have been sent an apology but been told that they can only give me £37.16 refund in total as I was travelling on a restricted fare ?..... Surely at the very least they have to refund the cost of the flights??
Any advice gratefully received.

Caz3121

jilljazz wrote: »

Applied online as instructed and also submitted receipts for taxi, National Express coach and cancelled hotel at Gatwick.
Flights had cost me £190.
Now, six weeks later, I have been sent an apology but been told that they can only give me £37.16 refund in total as I was travelling on a restricted fare ?..... Surely at the very least they have to refund the cost of the flights??

you should receive a full refund of your flight plus €250 EU261 compensation
the hotel at Gatwick etc would be a consequential loss that can either be covered out your €250 or claim off your travel insurance
Did you specifically state that you were claiming EU261 compensation? It sounds like they have read it as you were claiming a refund and not been aware that you were involved in cancellations etc so have calculated a refund based on the fare rules of your ticket
Have a look at Vauban's guide and the template letters

[Deleted User]

If it was a single ticket journey ie you booked EDI-LIS, irrespective of any change of aircraft midjourney, you are due compensation as your final destination was LIS and you arrived more than 3 hours late. It matters not a jot what time the scheduled arrival was on BA502, its the time the doors actually opened that counts.

That's what I thought - I have already replied to the original BA reply and had another rejection - I suppose my next move will have to be to write to the CAA, as I have failed to convince BA myself. Unless anyone can suggest the magic words which will convince them? This is their reply to my reply saying basically "I arrived 4 hours late so I am due compensation":

"I understand your rebooked flight BA0502 was also delayed which meant you arrived four hours late at your final destination. But as previously mentioned, we rescheduled you to arrive at your final destination within three hours of your scheduled arrival time. Hence, we're not liable to pay any compensation in the given scenario. I hope you’ll understand we have to be consistent so we’re fair to all of our customers. This means we can’t make an exception this time and I’m so sorry to let you down."

JPears

bassoonread wrote: »

That's what I thought - I have already replied to the original BA reply and had another rejection - I suppose my next move will have to be to write to the CAA, as I have failed to convince BA myself. Unless anyone can suggest the magic words which will convince them? This is their reply to my reply saying basically "I arrived 4 hours late so I am due compensation":

"I understand your rebooked flight BA0502 was also delayed which meant you arrived four hours late at your final destination. But as previously mentioned, we rescheduled you to arrive at your final destination within three hours of your scheduled arrival time. Hence, we're not liable to pay any compensation in the given scenario. I hope you’ll understand we have to be consistent so we’re fair to all of our customers. This means we can’t make an exception this time and I’m so sorry to let you down."

So they have admitted you arrived 4 hours late! Type in bold are both totally incorrect. It would appear that uyour claim is being dealt with by somebody ignorant of the regualtion 26/2004. Or they are blatantly lying/misinforming you.
Either way, send another letter quoting the relevant part of the regulation and also making it an NBA letter, with 2 weeks to payup or face legal action.

littlesea

Just to let you know that after writing to Keith Williams a Director of BA I have now been offered £100 and an apology. I have decided to accept this as the delay was due to the Fire at Rome Airport and flights had to be limited so probably no point in trying for compensation. Thanks for the help given.

hanb

Morning all,


I'm wondering if anyone can help me. I've just received a response from BA that stated:


"been refused because BA0895 on 02 March 2013 was delayed because the damage was caused due to bird-strike, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation."


Now, that would be fair enough but that's not the reason we were told as passengers. We were informed that an Engineer needed to be there to sign the aircraft off for take off but they weren't there and needed to travel from another destination (taking 5 hours to do so) - if that was as a result of a bird (presumably hitting the plane?) Does this mean I'm not entitled to any compensation?


Thanks in advance

Tyzap

hanb wrote: »

Morning all,


I'm wondering if anyone can help me. I've just received a response from BA that stated:


"been refused because BA0895 on 02 March 2013 was delayed because the damage was caused due to bird-strike, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation."


Now, that would be fair enough but that's not the reason we were told as passengers. We were informed that an Engineer needed to be there to sign the aircraft off for take off but they weren't there and needed to travel from another destination (taking 5 hours to do so) - if that was as a result of a bird (presumably hitting the plane?) Does this mean I'm not entitled to any compensation?


Thanks in advance

Hi Hanb,

On the face of it you have a valid claim, especially if the flight affected was prior to your flight.

Read Vaubans guide and also put your details in a couple of flight claim companies 'flight checker' such as this one at Bott & Co.

https://www.bottonline.co.uk/flight-delay-compensation/calculator

Good luck

hanb

Tyzap wrote: »

Hi Hanb,

On the face of it you have a valid claim, especially if the flight affected was prior to your flight.

Read Vaubans guide and also put your details in a couple of flight claim companies 'flight checker' such as this one at Bott & Co.

https://www.bottonline.co.uk/flight-delay-compensation/calculator

Good luck

Thank you! I had read it but you know when you question your own thought process? I've gone back to them to say I disagree but I'm not hopeful they will agree.


Bott & Co.'s link said I was eligible to start a claim so if I don't get anywhere with my email I guess I'll go down that route - would just be nice to get the full amount


Thanks again!