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Flight delay and cancellation compensation, BA ONLY

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  • Scruffywuffy
    Scruffywuffy Posts: 72 Forumite
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    edited 8 November 2015 at 12:03AM
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    SirGimpy wrote: »
    Apologies for the gender confusion.

    It sounds like you won not on the basis that a bird strike is not extraordinary, but on the basis that on the facts of your case the airline could not prove that the delay could not have been avoided by taking all reasonable measures? In other words, because they could not prove that the bird strike had occurred immediately prior to your flight, they could not prove that there was nothing they could have done about it without it affecting your flight? That is slightly different to the court saying bird strikes cannot, in principle, ever constitute an extraordinary circumstance, but a win is a win so well done.



    Possibly - or it could have been down to the fact the 2nd Dreamliner suffered a "technical fault" or the 3rd delay was that the crew were out of hours - all admitted by Thomsons - who never told me what the 2nd delay was down to. However, their letter to me clearly stated that they wouldn't pay compensation due to the delay being caused by Bird Strike which was an extraordinary circumstance - how many people would be as dogged as I was and fight on ?


    If compensation is due it should be paid - end of - you shouldn't have to issue a claim to get it.


    ETA - In my particulars I did put what you have said in your post (or similar) and send Thomsons Draft Particulars saying I would issue if they didn't compensate me - however they still chose to acknowledge and say they would defend before contacting me to settle.
  • krisb1701d
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    I have had a response to my claim stating we are entitled to compensation. It says I’ll need written confirmation signed by each passenger who travelled advising they're happy for me to handle their claim. And 'Please send your letter to send.documents@email.ba.com and include your case reference.'

    I searched their site and the internet but it's not very clear what i'm to do! It is one brief letter with their signatures. It is 4 separate letters for all of us with names addresses, contact numbers etc. Is it just a line saying my name is "john Smith" i give consent for 'Person X' to handle my claim. And I assume that they want an e-mail they don't need a wet ink signature?

    Thanks in advance,
  • BexofAmbridge
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    I wonder if anyone from the site/on here, could give me some advice. I flew back from San Francisco a few weeks ago with BA, we sat on the plane for 3 hours to be then told that the plane would not be flying tonight due to a technical fault, but it would be rescheduled for tomorrow. (They did attempt to organise hotels etc. but there were none due to a huge tech conference in San Fran.) As instructed I phoned and kept an eye on the website and the flight was rescheduled to take off about 27 hours late. So I rearranged work etc. to fit this.

    Somewhat unbelievably the same thing happened again - we all sat on the plane for about 3 hours only for the pilot to come on and say that the flight would not be taking off. (It was 3am by this time). We then all queued up and were rerouted individually on flights leaving later that day - I eventually arrived home about 48 hours late.

    I think that this should count as TWO delays of +3 hours, as the flight was originally delayed +3 hours, and then also cancelled! I have filled in the form but not heard anything yet (although they possibly have their hands full with Sharm-El-Sheikh and also it seems like it takes a while.)

    What do people think about this?! Grateful for any advice!
  • Wee_L
    Wee_L Posts: 7 Forumite
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    Hi all. I've successfully claimed via resolver and am being sent €400 for a flight delay a couple of years ago. The flight was between 1500 and 3500 km. However this would only seem to be for me and not the other 2 passengers (husband and daughter). Should I be going back and chasing the compensation for them as well? Thanks in advance.
  • krisb1701d
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    Further to my post above, why are some people stating they got a cheque for the whole party and I am required to send 4 letters and attach bank details?
  • JPears
    JPears Posts: 5,087 Forumite
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    I wonder if anyone from the site/on here, could give me some advice. I flew back from San Francisco a few weeks ago with BA, we sat on the plane for 3 hours to be then told that the plane would not be flying tonight due to a technical fault, but it would be rescheduled for tomorrow. (They did attempt to organise hotels etc. but there were none due to a huge tech conference in San Fran.) As instructed I phoned and kept an eye on the website and the flight was rescheduled to take off about 27 hours late. So I rearranged work etc. to fit this.

    Somewhat unbelievably the same thing happened again - we all sat on the plane for about 3 hours only for the pilot to come on and say that the flight would not be taking off. (It was 3am by this time). We then all queued up and were rerouted individually on flights leaving later that day - I eventually arrived home about 48 hours late.

    I think that this should count as TWO delays of +3 hours, as the flight was originally delayed +3 hours, and then also cancelled! I have filled in the form but not heard anything yet (although they possibly have their hands full with Sharm-El-Sheikh and also it seems like it takes a while.)

    What do people think about this?! Grateful for any advice!
    Unfortunately, unless you paid for the second flight (which was delayed also) you are only due compensation once.
    I suppose, theoretically, if they cancelled the flight, you got a refund AND compensation, then re-booked on the next flight and paid for it, subsequently delayed/cancelled, you could claim compensation twice?
    What do the veterans think of this scenario?
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  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    JPears wrote: »
    Unfortunately, unless you paid for the second flight (which was delayed also) you are only due compensation once.
    I suppose, theoretically, if they cancelled the flight, you got a refund AND compensation, then re-booked on the next flight and paid for it, subsequently delayed/cancelled, you could claim compensation twice?
    What do the veterans think of this scenario?

    IMO it was a further delay to the original, so 1x compensation.

    Interestingly, this A380 was delayed for 2 days at SFO. I believe it resulted in the following flight (the next day) from MIA also being delayed overnight.

    Further, I presume that all PAX spent the night in the terminal if no hotels were available. However, when the flight was delayed for a second night they managed to re route all PAX without the need to stop over again. Why could they have not done this in the first place? Obviously they could have and should have.

    I just don't buy BA's excuse about no hotels being available in a massive city like San Fransisco, plus Oakland is just across the bay. It saved them one huge hotel bill tho!
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  • Pyxis
    Pyxis Posts: 46,077 Forumite
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    I am so pleased with MSE!

    In September, my return flight from Italy was delayed by 4 hours, due to engine problems.

    I looked up MSE and found the Resolver tool, which made claiming compensation incredibly easy.
    They even sent me a reminder that I could escalate the claim.

    I have received a cheque from British Airways for £294.24.
    (No covering letter or apology, though!)

    I am really pleased with how easy MSE made it for me to do!
    Thank you very much! :T
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  • richardw
    richardw Posts: 19,458 Forumite
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    edited 29 November 2015 at 9:08PM
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    BA419 BA0419 LUX-LHR Luxembourg to Heathrow 29th November 2015, if you were on this flight cancelled due to bird strike, don't forget bird strikes are not extraordinary circumstances.

    I was not on this flight, but was in the gate area and clearly heard the captain say 'bird strike'.

    When I was bussed to my Luxair flight you could clearly see the damage on the BA A320 wing.
    Posts are not advice and must not be relied upon.
  • Further to my claim via resolver (see page 60) - after 7 or 8 emails that weren't answered I used the phone number on BA's website and actually got to speak to someone! Apparently the cheque had been sent to my old address and once that cheque had been cancelled they were able to transfer my compensation directly into my a/c. They couldn't explain why 7 or 8 emails had gone unanswered or why they hadn't used the address on the resolver claim form, but hey ho, all's well that ends well.
    So here's the number in case it's of any use:
    0344 493 0787 (option 3 option 2)
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