Flight delay and cancellation compensation, BA ONLY

nmjams

Just a quick update on my Bmi Baby claim,

Resolver didn't work even after escalation, BA said they hadn't received anything from them.

BA emailed me a form to fill out on the 08/08/16 and after sending some additional info earlier this week, today i had an email telling me that £216.34 will be paid into my account in 3-5 days.

Although i paid for 4 friends and submitted they're details on the claim form, they have to make individual claims. i wish they had said that from the start.

Thanks for all the help guys

pitry

I have to say that I am struggling with BA.
I have two complaints put through with Resolver, both have been escalated and for the first ones of them, which is over 9 weeks old, I was only informed 5 days ago that although I paid for the trip for us 2 myself and included the OH name on and BA Exec club on all correspondence, I now have to send them a signed letter or fax (I mean, it's 2016 for goodness gracious!) with his confirmation that I can deal on his behalf.
Is it better to use Resolver or go straight to their customer service?
I see on this thread that claims have been paid super quick for some.
Thanks

jhebus

Hi there,

I am trying to get some advice. I booked a flight the day before travel, and received a message ~2 hours later telling me that the flight was cancelled and to get in touch to make alternative arrangements. I looked into it and this was because of a strike, but i also saw that the strike was called off the same day. BA did not reinstate the flight, and the rerouting saw me arrive more than 8 hours late.

I know that the airline is not at fault for the strike, but seeing as it was called off the same day (hours after it was first called), it seems to me that this *IS* the airlines fault - they can cancel the flight quickly enough.

Can anyone point me to anything relevant, or describe a similar situation and what happened.

Thanks!

richardw

jhebus, could BA have rerouted you earlier on a different airline?
Was it a BA employees strike?
What route was the flight?

Tyzap

jhebus wrote: »

Hi there,

Can anyone point me to anything relevant, or describe a similar situation and what happened.

Thanks!

Hi,

I believe that this may be applicable in your case.

This is what recently clarified regs say...

e. Reasonable measures an air carrier can be expected to take in extraordinary circumstances

Whenever extraordinary circumstances arise an air carrier must, in order to be released from the obligation to pay compensation, show that it could not avoid them even if it had taken all reasonable measures to this effect.
Furthermore, the Court52 has found that under Article 5(3) of the Regulation, an air carrier can be required to organise its resources in good time so that it is possible to operate a programmed flight once the extraordinary circumstances have ceased, that is to say, during a certain period following the scheduled departure time. In particular, the air carrier should provide for a certain reserve time to allow it, if possible, to operate the flight in its entirety once the extraordinary circumstances have come to an end. Such reserve time is assessed on a case-by-case basis. However, Article 5(3) cannot be interpreted as requiring, as a ‘reasonable measure’, provision to be made, generally and without distinction, for a minimum reserve time applicable in the same way to all air carriers in all situations when extraordinary circumstances arise. In this regard available resources will generally be higher at the home base compared to outbound destinations thereby giving more possibilities to limit the impact of extraordinary circumstances. The assessment of the air carrier’s ability to operate the programmed flight in its entirety in the new conditions resulting from the occurrence of those circumstances must be carried out in such a way as to ensure that the length of the required reserve time does not result in the air carrier being led to make intolerable sacrifices in the light of the capacities of its undertaking at the relevant time.

Hope it helps and good luck.

jhebus

@richardw , @tyzap thanks very much for the responses. @tyzap, that is a very detailed response that i am going to have to read a couple of times!

To give a little more information, the LHR -> FCO leg was cancelled as the ATC staff in Italy were going to go on strike, but eventually didn't. After very long queues on the phone, BA rerouted us via Paris. They said that this was the earliest possible alternative that they could make. I know that there were other flights from LHR to FCO which flew on the day the strike was planned, but were scheduled *after* the strike was due to finish. They said that they were full and we couldn't get on them.

The original journey was GLA->LHR->FCO, but turned into GLA->LHR->ORY->FCO.

@Tyzap. From reading your reply i can say that the cancelled flight originated at the home base, the period of cancellation was no more than half a day, although this may be impacted by the available slots in FCO.

janeyG

Hi I hope someone can give me some advice re BA offering to pay comensation under the EU regulations and advise me if they are paying the coreect amount. My claim is for a cancelled flight Heathrow to London which was part of a single flight from Calgary. The connecting flight from Heathrow back to Manchester was canceled and they have agreed to pay 250 euros per passenger. All good, but what I am unsure about is this - we were rebooked onto a new flight later the same day. This flight was then subject to several delays. What i would like to know is should i be entitled to compensation for this flight in addition to the canceled flight as they they are not offering me anything for this. The rebooked flight was delayed for 162 minutes under the 3 hour threshold i know, but if you look at how long we were delayed from the canceled flight it amounts to over 9 hours! Any advise please as they are pushing me to settle which makes me think the money they are offering is not right as their first approach to me was i was not entitled to anything!

Caz3121

compensation is due for the cancelled flight based on you being delayed on arrival to final destination....this is the same amount of compensation whether your flight was cancelled and replacement flight gets you there 2 hours late or whether the original flight is delayed and you arrive over 3 hours late.

The way to claim for both the cancelled flight would have been to receive a refund from the cancelled flight, buy a new ticket for the replacement flight and then that flight delayed for more than 3 hours....does not apply in your case.

The bit that is unclear (and there are a number of posts on the BA thread on Flyertalk) is whether the compensation amount should be €250 for a delayed tier 1 flight or whether it should be €600 based on your entire journey. BA appear to be taking the stance that, if there is no delay on the initial flight, the compensation amount is based on which flight the delay starts...there is much debate over whether this is the right or wrong approach and I expect to try to get the €600 would involve court

janeyG

So I take it from your post that although there was a 9 hour gap overall getting to our final destination due to first the cancellation and the delay on the rebooked flight (which was rebooked by them we were not offered a refund), that the compensation claim for the delay on the rebooked flight would need to be 3hrs to make a separate claim. The 9 hours delay in reaching the destinations overall doesn't count ie they are treated as separate things and not the overall amount of additional time it took to reach our final destination?

Caz3121

janeyG wrote: »

So I take it from your post that although there was a 9 hour gap overall getting to our final destination due to first the cancellation and the delay on the rebooked flight (which was rebooked by them we were not offered a refund), that the compensation claim for the delay on the rebooked flight would need to be 3hrs to make a separate claim. The 9 hours delay in reaching the destinations overall doesn't count ie they are treated as separate things and not the overall amount of additional time it took to reach our final destination?

the compensation offer you have been given is based on delayed arrival, in your case that delayed arrival was due to a cancelled flight and a rebook
When a flight is cancelled the options are often to be rebooked at no additional cost to yourself or refund. Even if the rebooked flight was delayed over 3 hours there would be no separate additional claim.
You may want to look at the Flyertalk EU261 thread specifically for the question on whether you should be receiving €250 or €600