Flight delay and cancellation compensation, BA ONLY

jpsartre

NYCfan wrote: »

Also, before we travelled I noticed that our return flight wasn't showing on our confirmation at all, and it wasn't until I called to query it they confirmed that our previous flight had been "fallen off" our booking & couldn't offer any explanation as to why this had happened. This was approximately 3 weeks before we travelled. I wondered if they would be liable to pay out any compensation for this?

Was the flight not reinstated following your call?

UncleBuck

long story short, Ba1336 17:45 LHR to NCL cancelled on 5th August 2017. Submitted claim via Resolver, eventually escalated to CEDR. Passed CEDR review and now BA have submitted a defence stating

weather conditions,
restricted flow rate in LHR
"The cancellations were ultimately caused by ATC’s decision to irrevocably restrict flight movements."
NEB Guidelines re Items 10,12, 29 and 30 :
"10 Meteorological conditions or natural disaster or similar events
Conditions and events incompatible with the safe operation of the flight. These conditions and events may be forecast to arise at either the airport of departure, the airport of arrival or along the intended flight path of the aircraft.
12 Meteorological conditions or natural disaster or similar events
Conditions and events resulting in capacity restrictions at either the airport of arrival or the airport of departure.
29 Air Traffic Management
Where Air Traffic Control suspends or restricts operations out of the airport of departure or into the airport of arrival.
30 Air Traffic Management
Where Air Traffic Control suspends or restricts operations into or out of a block of air-space through
which the air carrier must travel in order to operate the flight.
There were no reasonable measures that could have been taken by British Airways to avoid the cancellation."

We were rebooked on a flight the next day late on Sunday evening. They have the cheek to say that they supplied lunch vouchers for the Sunday, we had to check out from the hotel by 12 noon, lunch started AT 12noon, so our lunch vouchers were denied!.

I need to submit my defence within 2 weeks to CEDR. Any assistance would be appreciated. At the same time that they cancelled the Newcastle flight, they also cancelled Manchester, Dublin and Paris i.e. the short haul flights.

Thanks in advance
Regards
UncleBuck

NB:
I did notice on
https://www.flightdelays.co.uk/airline/british-airways

That our actual flight BA1336 is on their list of claims submitted but of course it doesn't state that this was successful.

Tyzap

Hi UncleBuck,

There were no ATC flow restrictions at LHR on the date of your flight according to this CAA list.

http://caa.co.uk/Passengers/Resolving-travel-problems/Delays-cancellations/Your-rights/Am-I-entitled-to-compensation-/

2017

16 October - forecast high winds: Hurricane Ophelia
6 July - forecast thunderstorms
6 June - forecast strong winds and storms
12 January 2017 - forecast snow
23 January - forecast fog
24 January - forecast fog
25 January - forecast fog
23 February - forecast strong winds (Storm Doris)
2 March - forecast strong winds

A bit of further investigation required regarding this CAA list, perhaps ask the CAA about your date for confirmation.

Also check the online flight delay calculators, such as Botts, to see if they believe that you have a valid claim.

Good luck.

razorsedge

UncleBuck wrote: »

l
NEB Guidelines re Items 10,12, 29 and 30 :
"10 Meteorological conditions or natural disaster or similar events
Conditions and events incompatible with the safe operation of the flight. These conditions and events may be forecast to arise at either the airport of departure, the airport of arrival or along the intended flight path of the aircraft.
12 Meteorological conditions or natural disaster or similar events
Conditions and events resulting in capacity restrictions at either the airport of arrival or the airport of departure.
29 Air Traffic Management
Where Air Traffic Control suspends or restricts operations out of the airport of departure or into the airport of arrival.
30 Air Traffic Management
Where Air Traffic Control suspends or restricts operations into or out of a block of air-space through
which the air carrier must travel in order to operate the flight.

The NEB 'Guidelines' are just a wishlist of excuses the airlines want to use. They have no legal basis and have been debunked by the courts on several occasions.

Search this forum for NEB Wishlist too for some ideas about what contributors think about the NEB Guidelines

bezthespaniard

My mother's flight from Manchester to Heathrow was delayed 6 hours, flew to London, circled and returned. Now it is cancelled...

They are refusing to put her in a hotel or do anything - does anyone know what we are entitled to and what we can do as she is stranded.

JPears

Even though it's weather related, BA have a duty of care to look after the passenger, including accomodation. If BA are refusing to do this she needs to quote reg 261/2004 at them, give them another chance then find the nearest convenient (dearest) hotel, let them know how much it will be, including taxi fares too and from. They will have to reimburse her. I hope they see sense and your man gets sorted quickly.

Vauban

So my BA flight to Geneva has been cancelled this morning. Just getting into London now and tbh it doesn't look very snowy. Are these reported mass cancellations at Heathrow really an inevitable consequence of the weather? Or do operational decisions by the airline play a significant role?

jpsartre

bezthespaniard wrote: »

They are refusing to put her in a hotel or do anything - does anyone know what we are entitled to and what we can do as she is stranded.

She should just book her own hotel and request reimbursement later. I've never had a problem doing this with BA but keep it under £200 per night. Of course, this is assuming your mother does not live in Manchester.

jpsartre

Vauban wrote: »

So my BA flight to Geneva has been cancelled this morning. Just getting into London now and tbh it doesn't look very snowy. Are these reported mass cancellations at Heathrow really an inevitable consequence of the weather? Or do operational decisions by the airline play a significant role?

Snow is only part of the problem, a major issue at LHR has been delays in getting aircrafts deiced.

JPears

And probably aircraft in wrong position from day before?
However, as usual, this weather was predicted days before it occurred, why are airports so rubbish at preparing themselves?