Flight delay and cancellation compensation, BA ONLY

LynseyCJ

Thanks again Tyzap, you're a wealth of information and I am so grateful. I've followed your advice and will report back on progress. Fingers crossed.

Bo_Bee

JPears wrote: »

Damage to aircraft by third party is not usually and EC. Tickets bought using Avios should not disclude you from compensation.

veryintrigued wrote: »

Sorry am not clear on your first point.

I think the idea was that technical issues are rarely considered extraordinary circumstances since the former are really a normal part of aircraft operations.

richardw

Bo_Bee wrote: »

.....are really a normal part of aircraft operations.

Btw ‘normal’ is sometimes replaced with ‘inherent’.

LynseyCJ

Tyzap wrote: »

Hi again,

BA are telling you fibs!

There were no flow control restrictions or hold ups due to weather at LHR and nothing at AMS that I could see.

On the other hand, BA were very short of short haul aircraft to fulfil their flying schedule and were leasing in aircraft to help them operate the schedule as best as possible.

It seems almost certain that your flight was cancelled for operational reasons or a weather related delay on a different flight earlier in the day.

They should pay you €400 each in compensation and all your additional costs when you had to re route yourselves, which they should have done for you.

Ask them to reconsider one final time as the weather at LHR was fine and then ask for a deadlock letter so you can refer your case to CEDR, they will probably find in your favour but you can never be 100%.

You could use Botts if you don't want to do it yourself and you can also use MCOL to sue them if you need to.

IMO they will pay up when you push them.

Good luck.

Hi again, I've finally had a response from BA...to no great surprise it's disappointing. They are sticking to their party line of aderse weather conditions. This time they state that the bad weather was in Amsterdam..."On the day you were due to travel, Air Traffic Control restricted operations into Amsterdam airport. "

Meantime, my partner has been dealing with them on the phone on his separate claim and they have agreed to pay his out-of-pockets but not the compensation, still claiming it was Amsterdam weather.

Is there any way to know categorically whether the Amsterdam weather was adverse?

Honestly so maddening. Thanks again in advance.

Lynsey

JPears

Not usually, unless you go to court.
You can try the ADR first, but prepared for a long long wait. The process is ludicrously slow....

veryintrigued

symphony63 wrote: »

BCN-LHR = 1150 km

You are therefore due €250.

Bought your Avios is not a problem under Article 3.3
3. This Regulation shall not apply to passengers travelling free of charge or at a reduced fare not available directly or indirectly to the public. However, it shall apply to passengers having tickets issued under a frequent flyer programme or other commercial programme by an air carrier or tour operator.


Damaged by vehicle is not EC under Commission Notice(2016/C 214/04)
5.3. Collision of mobile boarding stairs with an aircraft.
The Court (51) has clarified that the collision of mobile boarding stairs with an aircraft cannot be considered as ‘extraordinary circumstances’ exempting the air carrier from payment of compensation under Article 5(3) of the Regulation. Mobile stairs or gangways can be regarded as indispensable to air passenger transport, and therefore air carriers are regularly faced with situations arising from the use of such equipment. A collision between an aircraft and a set of mobile boarding stairs is, hence, an event inherent in the normal exercise of the activity of the air carrier. Extraordinary circumstances would apply, for example, when damage to the aircraft is due to an act external to the airport's normal services, such as an act of terrorism or sabotage.

BA have refused my claim so I moved it to CEDR last week.

Rolyan

I want to claim compensation for a delayed BA flight, delayed by over 7 hours. Despite reading everything on here, I’m not sure whether or not I should use the resolver tool on here. The BA website says to use its online claim form, plus send a letter giving written approval for me to claim for the other passenger. But I don’t know if resolver sends the claim and info to their online form automatically.

So I’m just after some advice please, for BA is it okay to use resolver on here or should I do it through the BA website.

Thanks.

jpsartre

Just submit a claim through the BA site. No reason at all to use Resolver.

JPears

Quite a number of airlines ignore resolver.
Download Vauban's superb guide. Far more useful than resolver.

Rolyan

That’s great, thanks for the help.

Where would I find Vauban’s guide, I’ve tried searching this site but can’t find it? I’m sure it will be really obvious.