Flight delay and cancellation compensation, BA ONLY

DrA_Harrogate

Clare

Well done you have found the right place for advice! First, make sure you keep all receipts. Second, download Vauban's guide (google) which walks you through the whole business of claiming compensation. Basically you would seem to be entitled to a refund plus compensation under EU law. The compensation is a fixed amount, the airline is liable for refreshments and so on (see Vauban;s Guide). I'm guessing kennel charges won't be covered so read your travel policy carefully.

Do come back if you have any further questions.

Red_Arrow_X

Booked a package deal with Expedia, flights and a hotel. Flights were with BA, flying GLA>LHR>LAS and back.

Due to a mix up which BA admitted it was there fault, we were delayed on our return leg on the 28th May at LHR for over 9 hours, LHR>GLA flight. Not fully aware yet of what the problem was but basically they couldn't get us on our original flight as there was a problem with our booking and the next available one was 9 hour later.

We will be seeking compensation for the delay, but my question is actually around one of our party who decided not to fly LHR>GLA due to the long delay. What is he entitled too? Is it just a refund on the flight or is he due more since he was going to fly but due to BA's mess the delay was just too long for him.

JPears

Red arrow, if the delay was more than 5 hours your friend is entitled to both a compensation and a refund. Download (google) Vauban's most superb guide for information.

Red_Arrow_X

JPears many thanks, that will make him happy.

Nick_C

Clare8132 wrote: »

Hi, Myself and my husband had our flights cancelled to Rome on Saturday evening with BA. We had to cancel out 3 day trip as we couldn't reschedule due to children and work commitments.
I have luckily got in touch (finally) with BA today who are handling the refund but how do I go about claiming for the extra expenses such as car park charges, food expenses and can I claim for kennel charges for my dog while we weee away ?
We are completely unsure who to go through to claim. Our travel insurance company said they'll send us details but were not overly helpful plus we have a £50 excess. Can we claim through BA for the added expenses or through our credit card ?? Very confusing.

If the flights cost more than £100 per person, and you paid by credit card, then you are protected by S75. The CC company is jointly liable with BA for the consequential losses.

Red_Arrow_X

JPears wrote: »

Red arrow, if the delay was more than 5 hours your friend is entitled to both a compensation and a refund. Download (google) Vauban's most superb guide for information.

I'm not actually seeing where in Vauban's guide that makes it clear if you decided not to travel due to a delay on a connecting flight you get a refund and compensation.

JPears

download the regulation:
http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0261&from=EN
Article 1, paragraph 1 subsection c) iii)
But do read the whole of the regulation for more information
Following Sturgeon case, delay is now considered the same as cancellation for compensation purposes.

Vauban

Red_Arrow_X wrote: »

I'm not actually seeing where in Vauban's guide that makes it clear if you decided not to travel due to a delay on a connecting flight you get a refund and compensation.

I think that's a fair point. My assumption was always that you were eligible for both (refund and compensation) since, by definition, you've already been delayed by at least five hours.

However, having looked at this more closely, I'm not sure this is what the law says. I've just posted on another thread on this very point, so won't repeat myself. But here's the link: http://forums.moneysavingexpert.com/showpost.php?p=72626525&postcount=2233

I hope I'm wrong - it doesn't seem very fair.

Red_Arrow_X

JPears wrote: »

download the regulation:

Article 1, paragraph 1 subsection c) iii)
But do read the whole of the regulation for more information
Following Sturgeon case, delay is now considered the same as cancellation for compensation purposes.

Yes, but the issue I have is I decided not to then fly so in theory was not delayed, even though the reason for not flying was due to the delay. All of the articles and cases discuss the passengers getting delayed arriving at their final destination. But in my case I decided not to fly so therefore didn't arrive.

As Vauban has posted in the other thread it actually looks like I'm entitled to nothing besides a refund of the flight as I decided not to fly. Which is rather unfair as due to BA's mistakes I was put out so should be entitled to more than just the refund in my view.

JPears

Vauban, In this case, the passenger(s) delay was effectively denied boarding as BA had booked them incorrectly, so your reasoned arguements in the EJ thread aren't applicable here?