Flight delay and cancellation compensation, BA ONLY

jpsartre

Vauban wrote: »

Okay I'll try it another way. The regulation says that having a ticket for a delayed flight isn't sufficient to get compensation - you have to have paid for the ticket at a fare available to the public. You paid one fare (for the cancelled flight) and we're then rerouted onto a second flight. You have still at this point only paid for one fare - you haven't (to use your comparison below) bought two sofas; just one. Therefore you are entitled to one award of compensation.

Of course, I only paid one fare since I only took one flight. My fare covered the second (delayed) flight. In the end I didn't pay for the first (cancelled) flight since the product I paid for couldn't be provided and that's why I was compensated. The product I DID pay for was then delayed which entitled me to compensation again. That seems fairly obvious to me (and evidently to BA as well).

I don't know if a case can be made against "double-dipping" compensation but I am certain that it cannot be made on the grounds that I didn't pay for the second flight since that is clearly not the case.

Justice13075

I understand your frustration but you only get 1 lot of compensation if you think you should have two issue the airline with court papers and see what a judge says.

jpsartre

I don't know if you're replying to me but I'm not frustrated in the slightest, the airline agreed to compensate for both events

Vauban

jpsartre wrote: »

Of course, I only paid one fare since I only took one flight. My fare covered the second (delayed) flight. In the end I didn't pay for the first (cancelled) flight since the product I paid for couldn't be provided and that's why I was compensated. The product I DID pay for was then delayed which entitled me to compensation again. That seems fairly obvious to me (and evidently to BA as well).

I don't know if a case can be made against "double-dipping" compensation but I am certain that it cannot be made on the grounds that I didn't pay for the second flight since that is clearly not the case.

You paid for the first flight; the service wasn't provided as described and so you were put onto a second flight without charge and also compensated. I don't see how that can reasonably be contested.

The fact that you got compensated a second time - double dipping as you describe it - makes you very lucky, rather than axiomatically entitled.

jpsartre

Vauban wrote: »

You paid for the first flight; the service wasn't provided as described and so you were put onto a second flight without charge and also compensated. I don't see how that can reasonably be contested.

I'm not contesting it and as you say, there was no charge for being rebooked. But it does not follow from this that my rebooked flight was a free flight no more than it follow that you get a free sofa if Ikea cannot deliver what you paid for and offer you a replacement. The flight I ended up using was not free in any sense of the word, it was paid for with the money I had originally paid for the flight that ended up cancelled.

JPears

I can see both sides of the argument here in principal. But I think jps has been lucky that BA have possibly slipped up or not looked hard enough at the regulations.
Of course if you had obtained a refund due to the cancellation and then purchased a second ticket with a delayed flight there would be no arguement at all.
Compensation x 2.

jpsartre

JPears wrote: »

But I think jps has been lucky that BA have possibly slipped up or not looked hard enough at the regulations.

Perhaps although there's at least one other example I could find of passenger being compensated twice following a cancellation + delay. See post 12 in this Flyertalk thread:

https://www.flyertalk.com/forum/british-airways-executive-club/1809971-cancelled-flight-2nd-flight-delayed-eu-261-compensation-twice-not.html

Interestingly, one of the posters sum up exactly my reaction to Vauban's argument about the second flight being free:

"The passenger is not travelling free of charge since the passenger has paid for a ticket and has been rebooked onto that flight

If the airline gave a full refund to passenger for flight 1 when rebooking to flight 2, then indeed would be travelling on a free ticket"

hertslady64

So sounds like its at least worth me emailing to see if they are willing to pay compensation for the second flight. We did actually buy another ticket as BA didn't communicate with us. We ended up with 2 seats on the same plane!! They refunded the one we bought though.

jubileee

Looking for some advice please if anyone can help?

Subject to a 29 hour delay for mechanical faults (x3). I won't have a claim via EU regs for 2 of the 3 delays but wonder if I might for the 3rd

Flight 1 - operated by American Airlines (BA codeshare) and flying out of USA. Delayed by 15 hours due to a mechanical issue (can't claim under EU due to flying from USA and the flight being operated by a non-EU airline)

Flight 2 - replacement for above but was deemed unfit to fly before boarding (can't claim for same reasons as above)

Flight 3 - a re-route from flights 1 and 2 but this time operated by BA (BA216 22/6). On arrival at airport, advised subject to a delay for mechanical reasons. As we were already massively delayed, we were re-routed again, eventually arriving home 29 hours later than expected.

However, if BA216 had not been delayed, the delay would have only been 24 and a half hours....the delay of the BA flight delayed us by an additional 4 and a half hours

BUT....looking at arguments above, this wasn't a flight I paid for but a replacement/reroute for the AA so presume that makes a difference (plus of course I didn't actually get on it)

Any views appreciated

JPears

So you actually took the BA flight?
And it arrived 4.5 hours late from scheduled arrival?
Then you sir/lady are almost certainly due compensation.
You paid for your flight via your first flight delayed on AA.
It was fortuitous for you you got a BA flight to qualify for compensation