Flight delay and cancellation compensation, BA ONLY

JPears

I don't think you'll get any compo for flight out as even your replacement flight wasn't more than 3 hrs late ( by 11 mins according to your figures) and ATC in most cases is a valid EC.

patricia1066

JPears wrote: »

I don't think you'll get any compo for flight out as even your replacement flight wasn't more than 3 hrs late ( by 11 mins according to your figures) and ATC in most cases is a valid EC.

Which post does this refer?

JPears

Re your post p1066, I checked, scheduled arrival of later flight was 19.10, not 19.20 so you should qualify for compensation.#

patricia1066

JPears wrote: »

Re your post p1066, I checked, scheduled arrival of later flight was 19.10, not 19.20 so you should qualify for compensation.#

OK, thanks, I rechecked flightstats, and its 3 hours, 9 minutes.
Does the delay to final destination start from the rebooked flight, rather than the original one?

ATC is claimed by BA, but easy jet 8361 flew to Nice at 4pm that day, no significant delay.

I will put in a new claim, mentioning BA failed to take "all reasonable measures" to avoid delay.

My onward travel by taxi should have begun at 17.20, and as I had to make arrangements for 22.30 it cost 50e more, can I claim this? BA gave no refreshment vouchers when I asked for them at 1900, and we didn't take off till 19.40 three hours 20 minutes late in take off.

JPears

patricia1066 wrote: »

OK, thanks, I rechecked flightstats, and its 3 hours, 9 minutes.
Does the delay to final destination start from the rebooked flight, rather than the original one?
Since you first flight was cancelled/delayed by ATC no compensation is due as it was an EC, but your replacement flight's arrival was delayed by more than 3 hours due to other non EC factors. So compensation under reg 261/2004 is probably due. Have you checked with a company such as Botts and its online claim form? Check both flight numbers.

ATC is claimed by BA, but easy jet 8361 flew to Nice at 4pm that day, no significant delay.
Probably irrelevant, it depends on flight paths and ATC centres used Not all of the French ATCs were on strike
I will put in a new claim, mentioning BA failed to take "all reasonable measures" to avoid delay.
As well as Resolver put a letter i writing to BA. Keep it simple - claiming under reg 261/2004 for cancelled and subsequently delayed flignt #.....
And put 2 seperate claims in, one for the outbound and one for inbound. Putting them together islikely to cause confusion.
Regard them as completely seperate unrelated claims.

My onward travel by taxi should have begun at 17.20, and as I had to make arrangements for 22.30 it cost 50e more, can I claim this? BA gave no refreshment vouchers when I asked for them at 1900, and we didn't take off till 19.40 three hours 20 minutes late in take off.

BA are not responsible for consequential losses such as taxis. You can try to claim if off them, they may pay it but are not obliged to.
Refreshments or vouchers should be made available 2 hours after delay or cancellation, irrespective of the cause.
Read Vauban's excellent guide.

patricia1066

Possible claim 2
My return flight on 2 June BA2577 cancellation notified day prior to travel 1 June.
I was offered 3 June 2579 at 17.50 after hours so couldn't ring.
I could not access the website which kept crashing.
I rang BA on 2 June and got through eventually. I had to leave my accommodation at 10am and chose to travel on 6 June. This flight operated without delay.

If I had accepted the offered flight on 3 June I would have had one night hotel and evening meal as a compensation claim I believe.

The strike was called off but the flight was not reinstated.

Where do I stand re compensation? I arranged a single night in a local hotel on 2 June, so have a receipt.

JPears

Why did you not take flight on 3rd of June?
I suspect BA are only liable for accomadation costs refund 2-3 June as you chose to fly later than what was offered.
If flight was canclled due to an ATC strike that did not happen, then I don't know where you stand in regards to compensation reg 261/2004. Try a claim, see where you get.

patricia1066

JPears wrote: »

Why did you not take flight on 3rd of June?
I suspect BA are only liable for accomadation costs refund 2-3 June as you chose to fly later than what was offered.
If flight was canclled due to an ATC strike that did not happen, then I don't know where you stand in regards to compensation reg 261/2004. Try a claim, see where you get.

I didn't want to be stuck in the airport late at night, as I expected long delays.
As it turned out, I should have taken the flight offered, as there were no delays , and the only cancellation was my flight.

Thanks for the encouragement, I'll try for refund of the hotel night 2 June.

I'll update this forum of outcome.

jacksmummy2011

PhilGrr wrote: »

We were delayed on flight from Orlando to Gatwick for 3.5 hours. BA suggested this was due to airfield restrictions, and have rejected. I've said we were told technical issues on the plane, so have pushed back. Anyone any thoughts please? Thanks

We were delayed on the same flight (BA2038 MCO - LGW) on the 23rd April. Also for around the same amount of time.

BA's first response was Air Traffic Control Restrictions.

QUOTE:
Your claim’s been refused because BA2038 on 23 April was delayed because of airspace restrictions. This was out of our control and caused unforeseen disruption to our schedule. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation. UNQUOTE

Unbeknown to them Hubby works in the industry and has access to all ATC systems at a very high level and checked this out which proved to be incorrect so naturally we challenged it. (However, it's easy enough to find out details on Flight Stats and you are also free to contact both Airports for the restriction & code info if any these need to be kept and logged for CAA purposes, alternatively you can ask BA to provide you with the same)

BA's 2nd response then changed!!!!:rotfl:

QUOTE:
"I’ve reviewed your claim and can confirm that your flight was delayed for 188 minutes. The technical delay of 176 minutes and the further delay were caused due to ATC restriction. Under EU Legislation we aren't liable for any compensation, as the technical delay was under three hours" UNQUOTE

So again we argued, that had there not been a technical delay then we wouldn't have missed the scheduled slot and the again ATC had no records of any exceptional circumstances which would support such 12 minute delay. We argued that "Holding Time" (Waiting to Land) was not deemed as Exceptional circumstances by any official body as it is time that is included in their schedules.

On all correspondence we had asked for the following 5 pieces of key information, BA were not forthcoming with any of the information.

1. The exact nature of the restriction imposed.
2. The exact time the restriction started.
3. The exact time the restriction was lifted.!
4. The exact airspace location restricted.
5. All flight paths affected (if any).

We also politely reminded them in all correspondence that they hadn't been forth coming with the details requested and that the same information would need to be supplied should we escalate the matter.

Yesterday our claim was mysteriously approved with no explanation as to why they attempted to mislead us or how 2 different CS Agents got it sooooo wrong!! :j:T

QUOTE:

Dear Mr XXX

I've felt the need to write back to you.

We've received a correspondence from our Flight Investigation team that you’re entitled to compensation for the delay to your flight BA2038 on 24 April. The distance of your disrupted journey was over 3500 km. Because you arrived at your destination within four hours of your scheduled arrival time, you’re entitled to €300.00 in compensation, which is 50% of the full amount.

The total amount of compensation you’re due is £705.15, which is equivalent to €900.00 as there are three passengers included in your claim. I'd be happy to settle your claim.....UNQUOTE

Our experience is that BA are very cloudy with their responses, you will need to fight, luckily for us Hubby is in the industry but he says that the information and arguments are out there for everyone to find and argue you just need to stick with it.

I would imagine if they are unable to provide details, facts and evidence supporting their "Exceptional Circumstances" then you have a valid claim.

Good Luck.

Calculus

Hi Forum users

Some advice please

On the 19th June 16 BA cancelled our flight home from Madeira to the UK. They only fly once a day on this route. They blamed this on the Unofficial French Air Traffic control strike.

Now these things happen so we contacted the BA contact centre and frankly they were useless. First response was that "Gatwick was on strike" secondly that "All of France was closed down". We pointed out that actually this couldnt be the case as the easyJet and the Monarch flight also due to leave that day actually was flying (and did) so why were BA affected? No answer was given.

We asked if we could be transferred to one of the flights that were going that day but again the answer was "no as easyJet and Monarch were not part of the one world alliance group" we had no choice but to stay another night.

We asked BA to sort out accomodation for us as our hotel was in fact full and we couldnt stay there. BA said " No basically organise it yourself, keep receipts and claim back the cost later." Naturally we asked what the allowance was for the night but they refused to tell us an amount.

We found another hotel near ours but it was more expensive. we have submitted our claim for £550 which was overnight costs plus meals plus transport and calls and now BA are saying they will not pay out because "it is more than they would normally allow"
5 times now we have argued the point with them that we did everything reasonably to keep costs down but if they refused to tell us the allowance then how can we know we had overspent!!

They have offered us half the total costs in compensation.

I am now also pursuing the EU Compensation rules with them as it was not the case there was no flying over French air space there was. BA made an operational descision to cancel their one and only flight that day and refused to offer alternatives.

My question is this.

Do you think BA is acting reasonably or am I right to keep pursuing my out of pocket expenses?

Also any thoughts on my EU compensation claim success rate?

Thanks