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Flight delay and cancellation compensation, BA ONLY

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  • Brandnew_2
    Brandnew_2 Posts: 19 Forumite
    Can someone please let me know if I have a case here?

    Latest letter from BA states:

    "As previously advised to you the aircraft en-route to Charles de Gaulle on the 26 June 2007, developed a technical fault. This fault was a hydraulics failure with the warning being received in the cockpit by the Captain. Safety is of paramount importance and therefore the aircraft made a precautionary emergency landing at Exeter Airport.

    Once on the ground Engineers attended the aircraft and found a leak in the nose landing hydraulic pipes. Repairs were affected and the aircraft brought back into service. This resulted in the late arrival of the aircraft into Charles de Gaulle and subsequently the late departure of your flight.

    In view of the nature of the problem, this cannot be foreseen nor can it be avoided by regular maintenance. The ruling does state that the carrier will be excused from the obligation of compensation if it can prove that the delay was caused by extraordinary circumstances that could not be avoided even if all reasonable measures are taken.

    For example some faults that are classed as extraordinary would include, faults discovered just before flight or during flight, damage to the aircraft caused by bird-strike, ground damage.

    As previously stated, the cause of the delay was due to the flight being forced to divert having experienced a hydraulics failure in flight. This could not be foreseen and does therefore fall under the extraordinary circumstances clause."

    My flight was cancelled, not delayed, btw. They got the date wrong too.

    It was the flight I was meant to be on that was diverted on its way to Cardiff airport, where myself and many other passengers were waiting to board it.

    I have read the FAQ, also, btw. Just looking for opinion...
  • Brandnew_2
    Brandnew_2 Posts: 19 Forumite
    Hey Centipede :)

    The flight from Cardiff to CDG which was diverted to Exeter which caused your flight from Cardiff to CDG to be cancelled!

    Yes Sir!
  • Ich_2
    Ich_2 Posts: 1,087 Forumite
    edited 8 March 2013 at 8:47PM
    As you sure this was a BA flight as the only company that seems to fly between Cardiff & CDG is Flybe, which makes sense of the diversion to Exeter which is their main maintenance base.
    If it was BA it would have more sense to carry on to Cardiff as that is BA's maintenance base!

    Just for more detail Flybe took over BA connect in March 2007, so would have been the operating airline
  • I am starting this thread for those claiming flight delay or cancellation compensation from BA.

    Any posts regarding any other airline in this thread will be ignored (at least by me).

    Good news to report re compensation with BA. I'll give you a breakdown of how long it took.

    Sent initial letter by fax to BA on 15 January 2013 (also sent by post same day) claiming for a cancelled/delayed flight from October 2012 (BA12 Singapore to LHR) when we were delayed 10 hours due to a cancelled flight (technical fault). I was claiming for two passengers with different surnames but on the same booking.

    Heard nothing from BA. Chased this up by completing their online form on 18 Feb at which point I received a customer relations case ID number. Still heard nothing, then today 8 March 2013 I phoned customer relations quoting ID number and was told that I had been sent a letter on 6 March but was told she couldn't discuss over the phone. I chanced my arm and asked if it was good or bad news! Was told it was good news and the claim had been settled. Get home from work tonight to a letter from BA saying that I will be sent a cheque for £518.98 (€600) for one passenger. I will have to put in a separate claim for the other passenger who has a different surname, so this is something to remember if you are claiming. All in all I am delighted with the outcome, so now submitting claim for my partner too.

    Well done BA and thanks to everyone submitting on this thread.

    Susan
    :j
  • GXS
    GXS Posts: 1 Newbie
    I have just received a full EUR600 payout from BA for a delayed flight from London to Cape Town in 2009. The flight was delayed over night due to plane break down.

    I had been denied compensation when I tried to claim at the time, but following the ruling I tried again with success.

    I submitted the MSE template letter via the BA customer services website. After hearing nothing for a month, I chased them via the website again and then received compensation acceptance confirmation a few days later.

    I'd suggest polite patience is the way to go if it takes a while to get a response - these guys must be swamped with claims.
  • missy.p_3
    missy.p_3 Posts: 12 Forumite
    Seventh Anniversary 10 Posts Combo Breaker
    missy.p wrote: »
    I've already got a reply to my 2nd letter. BA are now saying that they were "unable to operate your flight because of Air Traffic Control restrictions and a lack of ground handling resources outside BAs control. Unfortunately in these circumstances we had no option but to delay your flight.
    Article 5.3 of the EU regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. In recital 14 & 15 of EU regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a longer delay. I regret, therefore you are not entitled to compensation under the EU ruling for your delayed flight"


    I'm still not convinced, as as 1st they say 2 reasons, air traffic AND lack of ground handling resources outside BAs control.
    My next reply will ask 1: What was the air traffic management decision which gave rise to the long delay (considering it was only half an hour, but caused me to miss my connecting flight & arrival in my final destination was over 4 hours late) & 2: Can they really say that the lack of ground handling resources could not have been avoided even if all reasonable measures had been taken.

    Wish me luck...... :)

    So I have received another fob off letter, to which I will be replying again... BA are still saying that the airport authority could not provide sufficient ground handling resources and the flight was subject to delays caused by Air Traffic control. They go on to quote article 5.3 (no compensation if airline can prove delay could not have been avoided even if all reasonable measures had been taken ) & recital 14 and 15 (extraordinary circumstances include weather, strike, and the impact of air traffic management decision which gives rise to a long delay)

    My delay was only 24 minutes, but I missed a connection flight as a result, arriving in my final destination over 4 hours late (all BA flights)

    My next letter is saying that the insufficient ground handling could easily have been avoided by ensuring enough staff were available & therefore all reasonable measures were NOT taken & secondly that 24 minute delay in departure is not a LONG delay.

    Any further suggestions from anyone ? :question:
  • I was on a BA flight from Malaga to LGW that was cancelled due to the Iberia strike. However, I was automatically put on another flight which flew from Jerez a couple of hours away from Malaga. We were to be bused there by the airline.
    However, this meant I would arrive at LGW 1 hr later than my original flight which was no good to me as I was reliant on a car hire at LGW and the new time of arrival would mean the car hire would be closed.
    I therefore drove to Malaga airport to speak with the Iberia desk and they therefore put me on an earlier flight (at no extra cost) from Malaga that would leave 12:15 pm that day instead of 7:15pm of the original flight.
    This was a better flight for me in that the car hire would now still be open, however it meant that I lost almost a day of my holiday by having to return earlier. Am I able to claim any compensation for this ?
  • Mark2spark
    Mark2spark Posts: 2,306 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    IMO william, no.
  • Hi Guys, On the 22nd December 2012 I sent 'Martins' template letter to BA for a delayed flight from Gatwick to Orlando in August 2008. I had 4 passengers under my name and due to the flight being in excess of 3500 km and being 5.5 hours late I received a total of £2069.14 for the 4 of us. I received confirmation on the first week of March and the money was in my account within 5 working days. British Airways Thank you!!

    Thanks Martin
  • topyam
    topyam Posts: 215 Forumite
    Part of the Furniture 100 Posts Combo Breaker Xmas Saver!
    Mark2spark wrote: »
    If Heathrow was experiencing delays due to the weather, then ATC would have been allowing at least 2 minutes between flights, not one, so disruption would have been at at least 50%. Flow rates at 12 is 5 minutes between flights. Planes land once a minute at Heathrow. So one hour of disruption leaves approx 48 flights delayed. The knock on effects last hours for sure.
    IMO no claim.

    I'd understand a delay - however why did they need to cancel?
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