Flight delay and cancellation compensation, BA ONLY

Caz3121

topyam wrote: »

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

So you look at the example by Mark2Spark....3 hours disruption is 150 flights....when do you fit them in? there are no large gaps in slots where you can just fit 150 departures in, so if all flights operate the delays would compound for days/weeks.
Better to have 10 flights cancelled than running them seriously delayed which will then affect all those aircrafts scheduled routes for a long time period

topyam

Caz3121 wrote: »

So you look at the example by Mark2Spark....3 hours disruption is 150 flights....when do you fit them in? there are no large gaps in slots where you can just fit 150 departures in, so if all flights operate the delays would compound for days/weeks.
Better to have 10 flights cancelled than running them seriously delayed which will then affect all those aircrafts scheduled routes for a long time period

However as it was BA's decision, was it really extraordinary and can I claim?

Caz3121

topyam wrote: »

However as it was BA's decision, was it really extraordinary and can I claim?

BA would likely not have chosen to cancel flights, they will have been told to, due to the weather
I am sure most airlines would far prefer to operate their schedule and not disappoint their passengers (they make no money from planes sitting on the ground) but this would have been outside their control.

If ATC told BA to cancel 30% of their operations they then have to make the decision which
I guess your question is "why my flight and not someone elses"
but I still don't believe you will get any success with a claim...if it went to court the weather and ATC actions would be in favour of BA

fed_up_with_BA

We were delayed by 21 hours last july taking a flight from Heathrow to Newark, New York, they put us up in a hotel overnight, BUT we were travelling with our 6 month old daughter and 6 year old so was a very stressful time. Following Martin's advise have sent 4 weeks ago an initial letter to BA, but have heard nothing. Not sure what the best advise is for a follow up. Reading this thread, they clearly have a lot to deal with and 4 weeks is nothing in the scheme of things, just wondered what advise the follow up letter should take and also what email address people have been using, any advise gratefully received. Many thanks

Mark2spark

A normal day at Heathrow is flight arrivals /departures operating at 1 per minute in peak hours, - that's 90% capacity.
So it's actually 'impossible' to catch up a whole day's worth of lost/delayed flights due to snow/ice. Some flights have to be cancelled.
The 'joy' of BA, however, is that they operate more than one flight a day on several routes, and the planes aren't always full, so within a few hours a cancelled flight can be accomodated.
This obviously isn't the same with chartered flights.

I stand by what I originally said, this is likely to be ruled as EC.

Jane_Rowley

BA have refused my claim based on the fact that they used AA as the carrier for my flight from NY to London last year, despite me booking and paying BA. I consider them legally responsible as the contract was with them, not AA, and I certainly would not have chosen to fly AA who are the pits. I have now given BA 14 days to respond before I make a claim via the Small Claims Court. If anyone can confirm my legal rights before I make the claim I would appreciate input.

Thanks

Mark2spark

Your claim is with AA, the operating air carrier.
Artice 2, Definitions, (b)
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2004/l_046/l_04620040217en00010007.pdf

Vauban

Mark2spark wrote: »

Your claim is with AA, the operating air carrier.
Artice 2, Definitions, (b)
http://eur-lex.europa.eu/LexUriServ/site/en/oj/2004/l_046/l_04620040217en00010007.pdf

In which case she presumably does not have a claim, as this will a non-EU airline flying out of a non-EU airport? That seems a bit mean, to be honest, if you book a BA flight.

I'd always try to book a European carrier when flying to/from the States, given the better legal protections. Can you tell at the time of booking that you'll be put on an American plane?

Caz3121

Jane_Rowley wrote: »

BA have refused my claim based on the fact that they used AA as the carrier for my flight from NY to London last year, despite me booking and paying BA. I consider them legally responsible as the contract was with them, not AA, and I certainly would not have chosen to fly AA who are the pits. I have now given BA 14 days to respond before I make a claim via the Small Claims Court. If anyone can confirm my legal rights before I make the claim I would appreciate input.

Thanks

As has been stated you will be unable to make a claim as a non-EU airline is not covered unless the delayed/cancelled flight originates in the EU.
I am surprised you did not realise that you were not going to be on a BA aircraft as the BA website is very clear who the operating airline is despite the BA flight number
eg

American AirlinesBA1510


British AirwaysBA0179

Mark2spark

Vauban wrote: »

In which case she presumably does not have a claim, as this will a non-EU airline flying out of a non-EU airport? That seems a bit mean, to be honest, if you book a BA flight.

I'd always try to book a European carrier when flying to/from the States, given the better legal protections. Can you tell at the time of booking that you'll be put on an American plane?

Ahhhh, yes, I didn't spot the leg was NYC - LHR.
No claim then.
Which is wrong really, people could book BA due to having the 'insurance' of EU 261.