Flight delay and cancellation compensation, BA ONLY

jubileee

JPears wrote: »

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

I didn't unfortunately, I was booked on it but the delay was expected to be 32 hours when we arrived at the desk so we were further re-routed.

If the BA flight had operated on time, we'd have got to final destination at 10.20. However, because we ended up being re-routed again, we got home at 14.50

I didn't think I'd be able to claim anything but optimistically hoped that because there was a BA flight in there, I might have had some basis..ah well, never mind

Justice13075

So who did you actually fly back with?

jubileee

Justice13075 wrote: »

So who did you actually fly back with?

American Airlines to Heathrow then BA from Heathrow to Newcastle

Vauban

I'm afraid your post is too confusing for me to follow, jubileee, as I can't tell whether any of the flights you took were actually delayed. But I don't think it matters necessarily.

I would argue that you were never covered by the regulation. This is because the flight you bought didn't qualify for 261/04 protection, and so therefore neither would any subsequent rerouted flight (because you never had a paid for ticket with them or had a contract with them for that matter).

I would justify this interpretation by reference to the original regulation that makes clear that if you are rerouted and the rerouted plane gets you to your destination more than 2 hours late, the liability for compensation sits with the original operating airline, not the subsequent airline you actually flew with. Since the original airline never came under the regulation, no compensation is due - even if you flew on a European carrier that turned out to be late.

jubileee

Vauban wrote: »

I'm afraid your post is too confusing for me to follow, jubileee, as I can't tell whether any of the flights you took were actually delayed. But I don't think it matters necessarily.

I would argue that you were never covered by the regulation. This is because the flight you bought didn't qualify for 261/04 protection, and so therefore neither would any subsequent rerouted flight (because you never had a paid for ticket with them or had a contract with them for that matter).

I would justify this interpretation by reference to the original regulation that makes clear that if you are rerouted and the rerouted plane gets you to your destination more than 2 hours late, the liability for compensation sits with the original operating airline, not the subsequent airline you actually flew with. Since the original airline never came under the regulation, no compensation is due - even if you flew on a European carrier that turned out to be late.

Sorry, it was very confusing. The original flight (AA operated) that caused the issue and knock-on effect was actually cancelled. We were then re-routed and given tickets for a BA flight. That flight was delayed for over 30 hours but the length of the delay was known at the desk so we were given the option to re-route rather than wait. We opted for re-routing and all other flights taken were on time although we arrived at our final destination 29 hours late.

It's annoying that we have no basis for a claim as our flight numbers all indicated we were on BA flights (flight numbers all started with the letters BA). I was unaware that we were on AA operated flights until the issues occurred

Thanks for your help

JPears

Im still none the wiser, so retract my earlier statement....

Antperson

Does anyone know how the distance calculation for compensation works for Transit passengers. I was on a BA flight from North AMerica to Glasgow with a transfer in London. Caught up in BA flight chaos at Heathrow and they are only offering me compensation based on London to Glasgow distance. I think there is an argument that my flight ticket was from Montreal to Glasgow and therefor compensation should be for that distance but I cannot find any advice for transit passengers.

On another note they have not even offered enough in expenses to cover my next day train fare home, overnight accomodation in London and very modest meal costs.

Tyzap

Antperson wrote: »

Does anyone know how the distance calculation for compensation works for Transit passengers. I was on a BA flight from North AMerica to Glasgow with a transfer in London. Caught up in BA flight chaos at Heathrow and they are only offering me compensation based on London to Glasgow distance. I think there is an argument that my flight ticket was from Montreal to Glasgow and therefor compensation should be for that distance but I cannot find any advice for transit passengers.

On another note they have not even offered enough in expenses to cover my next day train fare home, overnight accomodation in London and very modest meal costs.

Hi Antperson,

If you were travelling on a through ticket, and not two or more separate tickets, the distance is calculated from the starting point through to your final destination. You can check that distance using the web site GreatCircle Mapper.

What BA are telling you is not correct, the regs are clear on this and there is some case law too. You are due 600 euros per pax.

Good luck.

JPears

Antperson wrote: »

Does anyone know how the distance calculation for compensation works for Transit passengers. I was on a BA flight from North AMerica to Glasgow with a transfer in London. Caught up in BA flight chaos at Heathrow and they are only offering me compensation based on London to Glasgow distance. I think there is an argument that my flight ticket was from Montreal to Glasgow and therefor compensation should be for that distance but I cannot find any advice for transit passengers.

On another note they have not even offered enough in expenses to cover my next day train fare home, overnight accomodation in London and very modest meal costs.

So did you get train home from Heathrow rather than a delayed flight, or was no replacement flight offered? They should reimburse you all costs, and a refund on your unused part of the flight. They should have found you a hotel.

Antperson

Tyzap wrote: »

Hi Antperson,

If you were travelling on a through ticket, and not two or more separate tickets, the distance is calculated from the starting point through to your final destination. You can check that distance using the web site GreatCircle Mapper.

What BA are telling you is not correct, the regs are clear on this and there is some case law too. You are due 600 euros per pax.

Good luck.

Thanks this is really helpful, if you know where I can find some authority for this that I can quote to BA that would be fantastic.