Flight delay and cancellation compensation, BA ONLY

Vauban

strawberries1 wrote: »

Thanks Tyzap

It will still cost you £25 - which you get back if you win.

mullers76

Hello
My BA flight LHR-LAS was cancelled the day before flying and I was rebooked on the same flight 24 hours later so I lost a whole day of my trip. BA have refused my claim on the basis that their mixed fleet crew were taking industrial action and these are exceptional circumstance:

"I’ve reviewed your claim and on the day you were due to travel, industrial action was carried out by Mixed Fleet cabin crew members of the Unite trade union. Strikes are an extraordinary circumstance and are outside of our control. I’m afraid this meant we had no option but to delay your flight."

Has anyone else experienced the same? Is it worth escalating to CEDR or are they within their rights? My feeling is that industrial action by their own crew IS within their control and so they should pay out....

thanks

Tyzap

Hi mullers76,

My understanding is the same as yours.

Have a read back a few pages and you'll find more similar cases.

Good luck.

JPears

mullers, I suspect a judge's understanding would be the same as yours too.
Escalate to CEDR

legal_magpie

I agree. There is a difference between a strike of the own workforce, which is within their control and a strike of, say, air traffic controllers which is not.

pastellschwarz

Hello,

I flew with BA from Incheon / Seoul to London LHR on October 18th, 10:35am (BA0018) and my flight left Seoul delayed (+/- 30 minutes). We arrived in LHR with 59 minutes delay and as a consequence I missed my connection to Berlin Tegel (TXL). I arrived there with a total delay of 4hrs and claimed compensation from BA.

They blame the delay on Airfield Restrictions; is there any way I can find out if this is indeed the case or if they just want to avoid compensations?

Thank you all!

Tyzap

pastellschwarz wrote: »

Hello,

I flew with BA from Incheon / Seoul to London LHR on October 18th, 10:35am (BA0018) and my flight left Seoul delayed (+/- 30 minutes). We arrived in LHR with 59 minutes delay and as a consequence I missed my connection to Berlin Tegel (TXL). I arrived there with a total delay of 4hrs and claimed compensation from BA.

They blame the delay on Airfield Restrictions; is there any way I can find out if this is indeed the case or if they just want to avoid compensations?

Thank you all!

Hi pastellschwarz,

By using confusing wording like "Airfield Restrictions" BA are trying to confuse the issue. Unless they claim the reason for the delay was an 'extraordinary circumstance' and can prove it too, they must pay compensation.

You don't need to prove it wasn't an EC, but they must prove that it was, the onus is on them.

If you cannot get any further with BA, ask them if they are prepared to refer your case to CEDR, who can adjudicate on the circumstances.

All assuming that your connection was booked on a single through ticket with BA.

Good luck.

pastellschwarz

Thank you. I'll try that. It was indeed a single ticket from Berlin to Incheon and back.

fudgesmoothies

I'm getting confused with all the regulations and differing circumstances with which qualify for compensation so wondering if anyone can help.

Our flight from JFK to LGW was cancelled on the day of the flight, we were notified around 6:30am for a 10pm flight. I phoned the airline and were told the only flight back to london that day was with their sister company American Airline going back to LHR. I'd checked before calling and couldn't see any other flights going back to LGW that day so we accepted just wanting to go home. This flight left at 10:05pm and landed around 10am the following day, almost identical flight times, however we were not at our original destination. BA provided us with coach tickets back to LGW and we finally arrived there at 12:30pm.

EDIT: Forgot too crucially say they told me it was cancelled due to a technical fault with the plane and the outbound flight was cancelled too. When checking in i noticed that the passenger load was very light however, so i'm wondering if that was a factor!

so my questions are:
1. Are we entitled to any compensation over the cancellation? As we accepted the alternative flight i wasn't sure.
2. As we arrived at a different airport are we entitled to compensation for this? We arrived at our original destination 2 and a half hours later than we should have, in my view this constitutes a delay but i'm sure the airline won't agree!

I understand that this should also be covered by the EU laws as we landed at an EU airport and BA operate under the EU regulations.

If anyone can advise i'd be very very grateful!

Tyzap

Hi fudgesmoothies,

Can you please copy and paste your post here....

http://forums.moneysavingexpert.com/showthread.php?t=4384701

and you will get a reply. It keeps all BA posts in the same place for future reference.

Many thanks.