Flight delay and cancellation compensation, BA ONLY

Justice13075

EuClaim say you are not due compensation. Try putting your flight details into bottonline and see what they say

northwest1965

Tyzap wrote: »

Hi nedsram,

Well firstly, you do have a valid claim for compensation. It seems that BA are not contesting this, so 600 euros per PAX.

Over your expenses it's not quite as clear. Have you claimed for an extra night car hire?

How did you end up in the LAX Marriott? did BA not offer to take you to a hotel of their choice?

Did they give you any guide line regarding costs and expenses?

What were your flight details? Ah got them, didn't get quoted above.

BA say "reasonable costs" - I hate this term, what could be reasonable to me, isn't to them and vice versa.

When we were delayed at Heathrow, BA found us accommodation.

It does sound a high price. If i was to book for tonight its $170 plus tax, however if i book for Tuesday it is $270.

Tyzap

northwest1965 wrote: »

BA say "reasonable costs" - I hate this term, what could be reasonable to me, isn't to them and vice versa.

When we were delayed at Heathrow, BA found us accommodation.

It does sound a high price. If i was to book for tonight its $170 plus tax, however if i book for Tuesday it is $270.

Yeh, that term tells you nothing.

I know that BA generally do not query hotel costs up to £200 and taxi fares up to £50 but it's not always possible to keep under these amounts.

Airport hotels tend to be very expensive and, depending on what is happening at the time, are sometimes almost impossible to find at short notice and the right price.

However, it is the airlines responsibility to provide a duty of care to stranded passengers and that includes organising hotel accommodation plus transport to and from, meals etc

I would argue, and I think most reasonable judges would agree, that if BA left it up to the delayed passengers to make their own arrangements in a foreign country, then BA should pay that price.

It won't hold any water with a judge if BA says, after the event, that the passengers did not follow BA's 'secretive' guidelines.

nedsram_2

Justice13075 wrote: »

EuClaim say you are not due compensation. Try putting your flight details into bottonline and see what they say

I just tried that and its database had no knowledge of the rescheduled flight, only the regular flight that departed that day (the same one that was cancelled for us the day before). I wouldn't touch people like that anyway as they are only in it for a cut of your compensation.

nedsram_2

One or two people asked if BA had made any attempt to find us accommodation. The short answer is that we didn't go to the airport as we were already aware that the flight had been cancelled, and from previous similar experience (twice with BA, once at LHR and once at JFK) chaos would have reigned. In one case (LHR) we were told after several hours to sort out our own accommodation, while in the other (JFK) we heard nothing for hours, then that a bus would take us to a Manhattan hotel, then eventually - at 2.30 am - that we would have to make our own way to the hotel by taxi. Incidentally the hotel they used was the Roosevelt in midtown, which makes the Marriott look very downmarket. The text was presumably sent so that people wouldn't go to the airport but arrange things themselves. Perhaps they should try if they think it's so easy in a strange city with no internet access.

Tyzap, where did you get the information that BA were paying out? "Damage to plane" is in a list of things that don't qualify according to one web site I visited, but then of course the pilot could have been told to say that to put people off claiming..€600 for every passenger on an A380 is after all a lot of money.

I've just realised that the delayed flight was September 29th not 30th. That's when we actually left. Same result from EUclaim though.

Vauban

nedsram wrote: »

I just tried that and its database had no knowledge of the rescheduled flight, only the regular flight that departed that day (the same one that was cancelled for us the day before). I wouldn't touch people like that anyway as they are only in it for a cut of your compensation.

They are a respected firm of solicitors who provide a professional service to those who don't wish to sue the airline directly. Do you think they should do this for free?

Tyzap

nedsram wrote: »

Tyzap, where did you get the information that BA were paying out? "Damage to plane" is in a list of things that don't qualify according to one web site I visited, but then of course the pilot could have been told to say that to put people off claiming..€600 for every passenger on an A380 is after all a lot of money.

I've just realised that the delayed flight was September 29th not 30th. That's when we actually left. Same result from EUclaim though.

Hi,

British Airways A380 G-XLEE Operates Delayed Los Angeles Rotation.
September 30, 2016
British Airways A380 G-XLEE operated yesterday’s delayed BA269/BA268 London Heathrow – Los Angeles early this afternoon as BA9606/BA9607.

BA will 'gererally' pay for hotel and associated expenses when they accept that they are responsible for the delay.

If the aircraft is damaged by a third party, while parked at the gate for example, it is generally accepted that the airline is responsible. I say generally because I don't believe that there has been a high court hearing that would create a legal precedent.

Regardless of whether it is classed as an 'Extraordinary Circumstance' or not, BA still owe the delayed passengers a duty of care.

Many airlines have tried to claim that damage to the aircraft, while on the ground, is classed as an EC, but some small claims courts have dismissed this stating that it is 'inherent' to the airline.

Good luck.

nedsram_2

Vauban wrote: »

They are a respected firm of solicitors who provide a professional service to those who don't wish to sue the airline directly. Do you think they should do this for free?

No. The point is that you can go through this process without incurring such fees. Which in the light of Tyzap's reply we fully intend to do.

Vauban

nedsram wrote: »

No. The point is that you can go through this process without incurring such fees. Which in the light of Tyzap's reply we fully intend to do.

Yes you can. I did too. And I recommend everyone does if they have the talent and time to do so - especially since Tyzap et al made it much easier for everyone to do so, with clear rulings from the Supreme Court.

But it is still an effort, and many people will conclude they don't want to do it. In which case enlisting a decent NWNF lawyer is a perfectly reasonable thing to do.

Tyzap

nedsram wrote: »

No. The point is that you can go through this process without incurring such fees. Which in the light of Tyzap's reply we fully intend to do.

Hi nedsram,

If you intend going down the DIY route you should download and read Vaubans excellent guide. It's full of information and links that will help you immensely. Just Google it.

Addendum.
There is another option open to you and that is the ADR(alternative dispute resolution) route, CEDR in this case. see the following link.
https://www.cedr.com/aviation/

Good luck.