Flight delay and cancellation compensation, BA ONLY

user139

Hello.. :wave:

Ok, the short story is we were returning from our holiday in NY catching our plane on the 5th December (BA0176) to get back to the UK on the 6th.

While we were all seated on the plane, the time we were meant to take off had been and gone. The pilot announced accross the tannoy that a passenger had not boarded and they were having to take their luggage off. 20 minutes later they got the lugage off and we were on the runway. But by the time we arrived in the UK at London Heathrow, we only had 5-10 minutes to catch our connecting flight to Manchester. We got to the connection desk but were told it was too late to get our flight. We went to BA customer service desk who just said sorry and she booked us on the next available flight which was in 3 hours time (that was delayed also). When we did get that flight we were delayed by over 3 hours in total.

I've been on resolver to put a complaint in for compensation, but BA have replied saying:

Your claim’s been refused because BA0172 on 06 December was delayed because of operational circumstances outside of our control, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.

I've replied refuting this and said it WAS in their control, the late passanger could have just had their bags left on the plane and collect them when they got their next flight. Or BA could have put their luggage on a return flight, rather than delay 300+ passengers. Either way, it was up to BA to sort and not 'exceptional circumstances'

Are BA right to refuse compensation?

Caz3121

>> the late passanger could have just had their bags left on the plane and collect them when they got their next flight. Or BA could have put their luggage on a return flight, rather than delay 300+ passengers. <<

I would certainly not be happy being on a flight where a no-sho's bag was not removed
You make want to read up on the Lockerbie disaster and see why airlines do not allow unaccompanied baggage (unless having gone through special process)

JPears

I think it is obligatory security that unaccompanied baggage is removed (from the Lockerbie bombing) so that would class as an EC.

beautifullybroken

I've been reading a lot of articles re the eu claims for delayed flights initially I thought I was entitled now I'm not so sure.

our flight was from Gatwick to Orlando the original plane got delayed and then cancelled an hour later. The reschedule was for the next day with a layover meaning we would be a full 24 hours delayed I disputed this and said this wasn't acceptable we were flying with a disabled adult and the re route wasn't suitable for her needs.
Eventually after a lot of arguing they put us on the later Orlando flight which had been delayed to allow some of the cancelled passengers onto it.

I've put a dispute in via the resolver form to BA over a week ago they've not acknowledged It or responded (I know its Christmas and there will be fewer staff in).

Our original flight was cancelled on the day cabin crew later told us they knew the previous night the plane had been cancelled but passengers weren't informed we were booked onto the next plane and due to the pilot re routing us we ended up being 2.5 hours late are we entitled to the compensation?

Caz3121

you would look at the table on this link
http://www.moneysavingexpert.com/travel/flight-delays

relevant table "Flight cancelled less than 7 days before departure"
Leaves 1hr+ before, lands up to 4hrs after = €300 (assuming the reason for the delay was within the airlines control)

You can try entering your flight details into the NWNF sites like EUClaim or Bottonline and they should give an indication on whether you have a valid claim

JPears

housekeeping bump

glenburg1

I need a little help please.
I have recently been on a trip with the kids on a AA booked codeshare flight .
On the way out it appearded that due to a "PNR" (unsure what that is) my tickets had not been issued properly by BA for the Ba segment eventually this got sorted after about 3 hours and new tickets issued.
On the way home at MCO we were advised that yet again our AA segment was fine to Chicago but our connecting flight with BA had been cancelled by them due to no show on our lGW to MCO leg,
Luckily i had the boarding passes still that showed we had indeed been on our flight,
We were informed after around 2 hours that although we would get to Chicago on our original flight we were not going to be going on our original connection and would instead be booked on a later flight as they had to reticket us and the BA flight to LHR was already fully booked.
We got home 3 1/2 hours late but am unsure who we complain to?
is it BA who the flight was with and who cancelled our flight twice or AA who our flight was booked with and who we had no problems with.

library_girl

Hi all, hope this is the right place to ask advice.

I posted in the general forum, but have since read Vauban's guide and am still confused... went to Florida last Oct, and was delayed on my return. I was changing in Washington and arrived to check in for the last leg on 31/10 only to be told the plane was delayed until the same time next day. Lady at BA counter gave me voucher for a hotel, dinner and breakfast and said I'd need to check in at the same time the next day (1st Nov).

I decided to get back to airport early in case I could get on an earlier flight back to Heathrow. Arrived at airport, only to find BA counter didn't open until 3pm (!!), poor lady at information counter had no information other than what was on the internet. Couldn't get through to BA on phone, general chaos, as the flight after ours was also delayed. Eventually got on a plane at 18:30 so 25 hours late, and arrived back in UK. I was travelling alone, and was not offered any food/sustenance at the airport, despite being told food and water would be provided at the gate (it was not). But on the plus side I discovered Chipotle!

Contacted BA via their website to ask about compensation, and had reply 1:

"Thanks for contacting us about your EU compensation claim regarding your flight BA0216 on 31 October. I apologise for the delay in responding to your concerns. I know how stressful it can be when your flight is delayed, especially as your travel plans had to be altered. I'm sorry for the problems caused.
Your claim’s been refused because BA0216 on 31 October 2015 was delayed because of aircraft damage, which wasn’t caused by us, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.
We take all reasonable measures to avoid delaying a flight..." etc etc.

I'd been told at Washington by a member of staff, that the plane had been hit by a vehicle - I understand from research that this *doesn't* constitute extraordinary circumstances any more, so wrote back to BA and received reply 2 yesterday:

"Thanks for coming back to us about your EU compensation claim regarding your flight BA0216 on 31 October 2015.
I’ve reviewed your claim and as previously advised, your flight was delayed due to damage not caused by British Airways. The aircraft was damaged by a bird strike and needed immediate repair. This caused a flight safety shortcoming that had to be assessed by our Engineering team. I’m afraid this was out of our control and caused unforeseen disruption to our schedule.
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 couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 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 long delay. This means you’re not entitled to compensation under the EU Regulation for your delayed flight."

This is the first I've heard about a bird! Does anyone have any advice as to what to do next please? Staff originally said hit by vehicle, BA are now saying bird strike, and I don't know what to do! Do I reply telling them, bird strikes aren't classed as extraordinary circumstances?

Many thanks!!
LibraryGirl

JPears

Clearly BA can't get their facts right - which won't look good in court.
They are trying to pull a fast one.
However, neither excuse is usually valid as an EC.
Its time to issue an NBA and then prepare your N1 or MCOL court papers.
Read Vauban's guide for the next step re. NBA

Mark2spark

I've answered Library girls post in the other thread.

Annoying, double posting, isn't it...