Flight delay and cancellation compensation, BA ONLY

CMCNotts

Vauban wrote: »

Write an NBA giving them 14 days to explain exactly the nature of the damage, and why they believe EC is justified. High heeled passengers don't cut the ice, IMHO.

Thanks very much Vauban and ich
I will do as you suggest and ask them to explain. Thanks again.

rugbyleague

Hi all can you help me? Last week I was due to return to Manchester via Heathrow from Milan in Italy. On arrival at Milan airport I was advised that the flight to Heathrow was delayed significantly and would not make my connecting flight to Manchester. The BA desk tried to find alternative flights however were unsuccessful and offered me an overnight stay in a hotel of their choice and a flight back to Manchester via Brussels the following day. They stated they did not want to send me to Heathrow on the delayed plane as accomodation was in short supply.

I was due back into Manchester at 22.30 Thursday, I actually got back to Manchester at 11.30 Friday morning meaning I missed a day of work, a social function and a prepaid taxi. I contacted BA through their complaints desk and have been offered a £50 voucher which has wound me up! Have I got a justified cause for further complaint and whats the best next steps please? thanks in anticipation Ian

rugbyleague

Thank you no reason supplied, just that it was delayed and actually getting further delayed. It was due to depart from Milan at 19.10 and actually left at 21.27. Is there somewhere I can find the reason for delay?

bex7126

Our non stop flight to Denver was cancelled by BA within 48 hours of departure, we had no option but to fly to Dallas and change planes on to Denver. This created a delay of over 4 hours. Ba are offering a 50% compensation of 300 Euros, is this payout correct as per the EU guidlines? or should I be asking for the full amount of 600 Euros

CMCNotts

Vauban wrote: »

Write an NBA giving them 14 days to explain exactly the nature of the damage, and why they believe EC is justified. High heeled passengers don't cut the ice, IMHO.

I've had the following response from BA:

"I have reviewed your claim for compensation and as previously advised the flight WW5328 on 01 August 2012 was delayed due to damage not caused by bmibaby or British Airways. The damage was caused by a passenger who wilfully ripped out the emergency lighting on the aircraft. This caused a flight safety shortcoming that had to be assessed by our engineering team.
Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. I regret, therefore you are not entitled to compensation under the EU Regulation for your delayed flight."

As I mentioned, we had heard that the damage was accidentally caused by a passenger wearing a high heeled shoe and not by a passenger 'wilfully' ripping out the emergency lighting but I have no evidence so I guess I have to accept what they say and give up. Any further advice would be gratefully received, thank you.

Vauban

CMCNotts wrote: »

I've had the following response from BA:

"I have reviewed your claim for compensation and as previously advised the flight WW5328 on 01 August 2012 was delayed due to damage not caused by bmibaby or British Airways. The damage was caused by a passenger who wilfully ripped out the emergency lighting on the aircraft. This caused a flight safety shortcoming that had to be assessed by our engineering team.
Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. I regret, therefore you are not entitled to compensation under the EU Regulation for your delayed flight."

As I mentioned, we had heard that the damage was accidentally caused by a passenger wearing a high heeled shoe and not by a passenger 'wilfully' ripping out the emergency lighting but I have no evidence so I guess I have to accept what they say and give up. Any further advice would be gratefully received, thank you.

Well I think vandalism would be regarded as an extraordinry circumstance (technical failures caused by terrorism and sabotage are, for example). But accidental damage caused by a passanger simply walking over a strip light is the normal business of the carrier.

Don't forget though that there is a second test for airlines: even if you accept that the delay was caused by extraordinary circumstances, the airline must use all of its resources short of intolerable sacrifices to prevent a serious delay. Google "Wallentin" and "Third Question" for the detail. So what did they do to get you home quickly? Did they offer to put you on another airline, for example, flying to the UK? That would be deemed reasonable, according to the Wallentin test I reckon.

Regardless, you are clearly up for a fight with this one. So it's up to you to determine how far you want to push it. You might prefer to offer it to a no-win-no-fee lawyer, who will take 30% of any win.

CruiseFan

I sent off a letter to BA on 15th April claiming 1800 Euros for a flight delay of 8 hours and 35 minutes from London Heathrow to Tampa on 22nd March this year. Received an email this morning saying that the claim would be paid in full. I thought they would put up a fight and was very surprised that it was so easy. Thank you to this site for helping with the format of the letter. It was a very stressful start to our holiday as we were getting a cruise ship the following day and would have missed it if the flight had not taken off, but the compensation makes up for this.

lammy1952

Wrote to BA 15 April re flight delay Miami to Manchester, which they received 18 April. Received letter 9 May advising pay in full and cheque for Euro1200 (equivalent) arrived 10 May. Used the CAA template NBA letter, but without threatening legal action - at least in the first instance.

Tyke_At_Home

My wife and I were on a BMI flight from Malaga to East Midlands in June 2012, which was delayed and eventually arrived 3 hrs 55 minutes late. We were not given a reason by the airline at the time, but when we boarded the plane the pilot told us all it was due to one of their planes colliding with a set of the mobile steps earlier in the day, so they were a plane down all day. So on 18/3/13 I complained to BA using Martin's standard letter via their on-line complaints procedure and also by sending a written copy. I only received their standard auto-reply and a reference number and didn't hear any more for a while. I assumed I was being ignored so repeated my complaint on-line on 17/4/13. Again I received their standard reply, again saying they would be in touch. I assumed by this stage I would be having to move to the next stage and threaten court action, but suddenly on 26/4/13 I got an email from BA, apologising for the delay, and immediately accepting my case and stating their intention to pay us 400 Euros each. I sent my bank details off to them on 29/4/13 as requested and was credited £685.92 into my account on 3/5/13. Brilliant result, especially as all we had been given at the airport was a 10 Euro voucher to spend on fast food. So it's definitely worth pursuing this with BA if you meet the qualifying criteria. They asked no other questions so it was a bit of a doddle really!

BABYQ333

Had a delayed flight in January this year.

Saturday 11th May: Filled in form on BA website.
Tuesday 14th May: Received email acknowledging my form
Tuesday 21st May: Received email confirming compensation to be paid of 600 Euros (£506.88) and requesting my bank details
Today, Wednesday 22nd May: I responded and sent details and a few hours later I received an email stating that they have processed a bank transfer and will be in my account within 5 working days.