Flight delay and cancellation compensation, BA ONLY

jpsartre

Tyzap wrote: »

If your long delay was caused by one of the following, you may be entitled to compensation according to EU law:
[...]
Bad weather affecting a previous flight, causing your flight to be delayed

I take what Bott and Co say on their website with a grain of salt, they are not an unbiased part and have an interest in getting as many people as possible to claim through them. E.g. they also suggest that bad weather must be "'freak' or 'wholly exceptional'" to be extraordinary which I think is fairly dubious. Aside from that, I don't disagree with the qouted part above. Again, I'm not saying knock-on delays from bad weather are always extraordinary, I'm saying they *may* be if the airline can show that they took all reasonable steps to avoid it. The flipside is that they may well not be.

NoviceAngel

The discussion could continue indefinitely until such a case reaches the Supreme Court and I agree with Tyzap that it probably never will because of the precedent that it would set.

My own opinion has not changed and my own interpretation of the regs is that the OP has a clear cut case for compensation, although I fully take on board jpsatre opinions.

The fact that Botts will and do issue Court proceedings on knock on weather delays at their own expense when other Solicitors refuse is testament to their tenacity and no doubt also profit driven.

There are many Solicitors that do this work and I wouldn’t recommend any of them for a straightforward case but sometimes you just need their professional help, and if its on a NWNF basis then theres no harm in having a go.

I still think that blaming the weather from a previous flight which subsequently made the crew late is all a little too convenient for BA. I’ve recently witnessed airlines cancelling flights hours in advance and making no effort whatsoever to either help passengers with right to care or re routing behaving disgracefully and just blaming weather on a previous flight. So much so that Botts have issued court proceedings on my behalf for a knock on weather delay that I suffered myself.

I do feel slightly sad that I don’t have the legal experience to argue such a case, but just maybe they will be able to get some compensation for me. The previous case that I was involved, I handled myself and the airline settled out of court after the Huzar ruling, so Im certainly not afraid to get stuck in myself on a more straightforward case.

At the end of it all it will be the OP that decides which course of action they decide.

1.. Accept what BA say
2.. Issue the NBA then either go to 3 or 4
3.. Follow the NBA with court proceedings youself
4.. pass it all over to a NWNF Solicitors

I wish the OP all the best of luck with their decision.

Cheers

NoviceAngel

jpsartre

NoviceAngel wrote: »

My own opinion has not changed and my own interpretation of the regs is that the OP has a clear cut case for compensation, although I fully take on board jpsatre opinions.

Thanks and same here. I fully realize this is somewhat of a grey area and much comes down to how the regulations are interpreted so it's no surprise that opinions can differ. I hope the OP will pursue the case and come back to report the outcome.

legal_magpie

It is a grey area but I am in the Tyzap camp on this one. I consider that crews going out of hours is part of the normal operation of an airline. Airlines can and sometimes do send out replacement crews on other airlines.
I also don't agree that it makes sense for Botts to take cases if they know they can't be won as unless the case is won they don't get paid.
But given that it is a grey area, I would recommend pursuing this through a NWNF solicitor on the basis that 65% (or whatever) of the compensation is better than nothing.

jpsartre

legal_magpie wrote: »

I also don't agree that it makes sense for Botts to take cases if they know they can't be won as unless the case is won they don't get paid.

That's not what I said. Again, I'm *not* saying knock-on delays are always extraordinary, there are no doubt cases where an airline could have avoided a knock-on delay and where compensation would be due. But I also have little doubt the opposite is sometimes the case. It all depends on the circumstances of the specific case.

U.N.C.L.E.

Thanks for all the advice everyone. Clearly there are grey areas, and it’s great that you are able to offer such advice all with the best intention - I really appreciate all the honesty and genuine opinions. I’ll go for the NBA and see what effect that has - I think I have little to lose. Then if not successful (or ignored!) I’ll look at the NWNF option most likely, just because of the ambiguities involved.

Thanks to you all again for your advice and time!

NoviceAngel

U.N.C.L.E. wrote: »

Thanks for all the advice everyone. Clearly there are grey areas, and it’s great that you are able to offer such advice all with the best intention - I really appreciate all the honesty and genuine opinions. I’ll go for the NBA and see what effect that has - I think I have little to lose. Then if not successful (or ignored!) I’ll look at the NWNF option most likely, just because of the ambiguities involved.

Thanks to you all again for your advice and time!

You’re welcome and I think you’ve come to a reasonable and sensible conclusion, I’m pretty sure you’ll get a successful outcome and please do keep us all informed of your journey.

All the best,

NoviceAngel

ghol26

Having contacted BA through their own website about a 24hr flight delay back on 28/12/17 and having had little success apart from being offered Avios points and highlife vouchers for my son (somehow despite having had a reply about an Avios household account I cannot add his membership to my bookings with BA) I decided to try Resolver last month. Today I got a reply from BA offering me flight compensation! Success in the end! Thanks to Resolver :beer:

gettingtheresometime

Our BA flight was delayed Easter weekend by nearly 4 hrs partly due to them having to take a no show passenger's luggage off (or at least that's the story that gave out).

Put in a claim using Martin's link & we've received an email to say that a cheque is on its way to us for £520.

Justice13075

That seems an odd number where were you flying from and where to and how long were you delayed getting to your destination. Aslo haw many of you were there.