Flight delay and cancellation compensation, BA ONLY

Justice13075

All explained in Vaubans guide.

Justice13075

Vaubans guide 5.8

villewayfinder

BA Flight to EWR cancelled - rerouted to JFK

Hi all

Thought I'd share my reply from BA in response to my letter regarding flights in Dec 2013 (new user so can't post links otherwise I'd link to my original post).

BA have sent a very nice and apologetic email back. And they have offered 50% compensation, "because you arrived at your destination within four hours of your scheduled arrival time"

My question is this - shouldn't the four hours be to our final destination, not the airport we were rerouted to? Yes we arrived only 30mins later, but into JFK, not EWR, and it took us AGES to make our way through Queens, Brooklyn, and onto the freeway to where we were heading. About 4 and a half hours, we calculated.

Now, this may appear a little greedy - and believe me this is money we wouldn't have had if I hadn't read the MSE email so thanks guys! - but what do people think? Should we push for 100% comp? Or be grateful for what we've got...?

JPears

villewayfinder wrote: »

BA Flight to EWR cancelled - rerouted to JFK

Hi all

Thought I'd share my reply from BA in response to my letter regarding flights in Dec 2013 (new user so can't post links otherwise I'd link to my original post).

BA have sent a very nice and apologetic email back. And they have offered 50% compensation, "because you arrived at your destination within four hours of your scheduled arrival time"

My question is this - shouldn't the four hours be to our final destination, not the airport we were rerouted to? Yes we arrived only 30mins later, but into JFK, not EWR, and it took us AGES to make our way through Queens, Brooklyn, and onto the freeway to where we were heading. About 4 and a half hours, we calculated.

Now, this may appear a little greedy - and believe me this is money we wouldn't have had if I hadn't read the MSE email so thanks guys! - but what do people think? Should we push for 100% comp? Or be grateful for what we've got...?

BA BS. They cancelled your flight and re-routed you to a different airport. Therefore you they did not get you to your original destination. Full compensation due. And nowhere does it say anything about 50% compensation for a cancellation.
Ask them to quote the relevant part of the regulation that allows them to reduce compo by 50%. They won't because they can't.
EWR is 35 miles from JFK, not the same destination.

Vauban

JPears wrote: »

Ask them to quote the relevant part of the regulation that allows them to reduce compo by 50%. They won't because they can't.

I think they probably can - well, I certainly can anyway. It is in Article 7.2:

2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked

(a) by two hours, in respect of all flights of 1500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a) or (b),

the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.

But I agree with the second point that the "arrival" time depends upon the transit time between the original destination and the new airport. Indeed, under the Regulation BA should have agreed to meet the costs of your onward travel either to that airport or a mutually agreed alternative destination. (That's Article 8.3, btw.)

JPears

Thats my point LPV, they didn't arrive at the original destination, irrespective of the actual delay.

hanb

HI all,


I'm back.. BA replied standing by their response that birdstrike means they don't have to pay and I received no response from my reply pointing out that this is not the case and asking for my complaint to be escalated and to receive a response within 7 days.


I now don't know whether to escalate through Resolver to the next stage of their process or write an NBA to the chairman(?).. anyone have any advice as to which route might be the best to follow with BA?


Thanks in advance x

razorsedge

SirGimpy wrote: »

My post was in response to a comment that 'bird strikes have never been extraordinary'.

I stand my my comment quoted by SirGimpy above and also my reply to his comment.

I have to admit though, SirGimpy has a style similar to a (much missed) former forum contributor that I admired a lot for his forthright frankness and assistance.

SirGimpy

razorsedge wrote: »

I stand my my comment quoted by SirGimpy above and also my reply to his comment.

And I stand by mine. If you argue with an airline about whether a bird strike is extraordinary, the passenger will sometimes win. More often than not, the airline will win. Up to you whether you want to take the risk.

Gordon1313

I went straight to the BA site and filled in the online form for my delayed flight,
The flight was back in March 2013.
I filled in the BA form on 27th September.2016. BA sent an email to say they had received it and would get back in touch.
Today, 9th October 2016 BA sent me an email saying that they were sending a cheque for 400 euros!
Very easy to do, very quick. Just do it and see what happens.