Flight delay and cancellation compensation, BA ONLY

zackary71

missy.p wrote: »

Getting a tad p'd off with BA now as they will not give me a straight answer. My last letter specifically asked what the air traffic control decisions were for the specific flight + asked them to explain why reasonable measure were not taken to ensure there were sufficient ground handling resources.
Their reply : "unable to supply you with a comprehensive list of when a delayed flight would be eligible for compensation under EU legislation. There are several situations and many factors, which can cause a delay"
All my letters are coming from Neil Adair, EU Compensations Claims & with a Newcastle return address on the envelope.
He doesnt seem to be able to answer any of my specific questions & keeps sending inadequate replies (I suspect he thinks I'll quit writing soon)

Does anyone have any suggestions of how to actually get BA to respond with an answer to my questions or perhaps a good e-mail address ?
Thanks in advance

Honestly think you're flogging a dead horse carrying on with your claim. EU Compensation is a simple "yes or no" & BA have explained reason for a "no". They don't have to justify the reasoning behind the answer by producing staffing records. Understand where you're coming from....but you had a 24 mins delay and I presume they then booked you onto the next available flight to get you to where you wanted to go, albeit 4 hrs late.

blondmark

Ich wrote: »

Where does legislation or court decisions show you are entitled to the level of detail you want?

This right is expressly contained within the Practice Direction on Pre-action Conduct. For example:

1. Aims
1.1
The aims of this Practice Direction are to –
(1) enable parties to settle the issue between them without the need to start proceedings (that is, a court claim);

and

1.2
These aims are to be achieved by encouraging the parties to –
(1) exchange information about the issue

and

4.2
The court will expect the parties to have complied with this Practice Direction or any relevant pre-action protocol. The court may ask the parties to explain what steps were taken to comply prior to the start of the claim. Where there has been a failure of compliance by a party the court may ask that party to provide an explanation.

and

Examples of non-compliance
4.4
The court may decide that there has been a failure of compliance by a party because, for example, that party has –

(1) not provided sufficient information to enable the other party to understand the issues;

(4) without good reason, not disclosed documents requested to be disclosed.


Make no mistake. Prospective claimants are entitled to detailed information about the claim from the defendant and in particular details of any proposed defence evidenced with full particularity. The notion that airlines are legally entitled to ignore requests for information from prospective litigants is a myth.

Cost sanctions exist to punish defendants who fail to comply.

Ich_2

This right is expressly contained within the Practice Direction on Pre-action Conduct

Ah thanks for that.

Personally in this case I think there is little chance, the details of why ATC delayed the flight will be in the records of NATS who provide en-route services in the UK, possibly NATS who provide ATC services at some airports or the provider at the particular airport.
If the delay was a slot issue outside the UK that would be Eurocontrol in Belgium.
And as I said unlikely to be on the flight report

As regards handling that seems to be a question for the airport who provide the service.

thebushidokid

I would be grateful for some advice. My Mum was on a flight LHR toJFK on 19 March, I took a screen shot that shows it landed 178 minutes late. Would it be possible to claim any compensation delay for this and also for the extra payment made by her as she had a car and driver awaiting her arrival at JFK.
Many thanks for your time in replying

Caz3121

thebushidokid wrote: »

I would be grateful for some advice. My Mum was on a flight LHR toJFK on 19 March, I took a screen shot that shows it landed 178 minutes late. Would it be possible to claim any compensation delay for this and also for the extra payment made by her as she had a car and driver awaiting her arrival at JFK.
Many thanks for your time in replying

The delay compensation is a fixed amount based on length of delay and distance
Airlines are not responsible for consequential losses (their responsibility stops at the airport)
A delay under 3 hours does not qualify for any compensation
Has she tried her travel insurance to see what they will cover?
Did the driver have her flight details or were they waiting the whole time?

thebushidokid

Thank you for taking the time to reply. its such a shame that she will miss out for 2 minutes, but, that's the rules. The driver did have the times because I called him.
I was just 'chancing luck', no harm in asking
Thank you again

dalton1

Just got an email from BA to say I am getting 1000 euros (four passengers) compensation for a delayed flight from Marseilles three years ago.
It has taken since November but I have been very patient and rang them last week and was told they were actually just looking at my case.
Looking forward to the cheque. Thanks Martin & co. I used your template.

liviboy

Just to follow up that my BA compensation arrived in my account this morning...still neither of the 2 promised cheques have turned up but at least I have the compensation from one of my flights.

I have passed the second claim, rejected by BA, onto EUClaim - whilst their cut is pretty high it's saving me the hassle of arguing over minute points of legislation.

BA rejected as it was an "Air-traffic management delay" - however the delay was pretty short - 15 minutes or so...the legislation states "gives rise to long delay" - as the ATC delay was pretty short I'm chancing my luck that this will be pursuable...the fact that it took ages to get the jetty to the aircraft and to disembark thus making me miss my connection seems neither here nor there.

decsdad

Hi,
Can someone tell me if I can claim please.
Flight Glasgow - Heathrow delayed due slot
So missed Heathrow to JFK,(well we got there with 35 minutes to get the flight but BA had taken us off the flight.
Was rebooked onto a codeshare flight about 6 hours later.
So arrived about 6 hours late which isn't much but we had plans for that evening in NY which we didnt make and we were only going for 3 nights so a bit annoying.

Thanks for reading

Caz3121

It will depend what is meant by "delayed due slot" if this was outside the airlines control then there is no compensation due