Flight delay and cancellation compensation, BA ONLY

cjc1706

Our flight was cancelled around 3 days prior to flying, however BA are refusing to pay out compensation. I've asked for clarification on the vague statement of "operational reasons", and this is what they've come back with:

We've had to make some adjustments to our schedule, to ensure customers can fly to their destination as planned. The changes were due to additional inspections and maintenance required for Rolls-Royce Trent 1000 engines on Boeing 787 aircraft, which is having an impact on our overall global schedules.

Do you think I have grounds to appeal via the CEDA route?

Justice13075

Wait for Tyzap to get in touch he seems to know about your problem and the Trent engines.

tysonpj

My friends first part of a NCL - LHR - sin- Syd was so delayed she arrived with insufficient time to make the connection. (20 mins) .as an elderly passenger she was treated with little respect and compassion. She was given accommodation at LHR and put on another foreign carrier that left the following morning but involved another connecting flight to add to stress
She claimed compensation for her late arrival into Syd some 12 hours late but wAs refused.
Anyway had similar experiences or can give advice
The flights were booked as one . Not individual
Tia

Tyzap

Hi Chris,

Yes, definitely.

BA have been losing most, if not all CEDR cases brought for this reason.

To try and shortcut what could be a lengthy procedure with CEDR I would suggest giving BA a call (afternoons are best) and inform them that CEDR have been finding in the passengers favour (they should already know this) in most, if not all, cases brought due to the Trent engine problems.

The reasoning is that the origin of the problem, an inherent manufacturing fault with some RR engines, is an accepted Extraordinary Circumstance (EC) which would ordinarily exempt the airline from having to pay compensation. However, CEDR have found, time and time again, that BA did not take 'all reasonable measures' to prevent the delays. Meaning that compensation is due.

BA were issued with a notice informing them of the need to inspect these engines last April. This means BA have know about the issues for a long time and should have been able to make alternative arrangements to prevent delays to passengers.

If BA will still not see sense and pay you the due compensation please PM me and I'll send you some information to submit to CEDR regarding previous cases.

BA are just burying their head in the sand over this issue in the hope that passengers will be put off claiming if they initially refuse and make life difficult.

If you can put up a convincing case over the phone you may be one of the first to avoid having to refer to CEDR.

Good luck.

cjc1706

Tyzap wrote: »

Hi Chris,

Yes, definitely.

BA have been losing most, if not all CEDR cases brought for this reason.

To try and shortcut what could be a lengthy procedure with CEDR I would suggest giving BA a call (afternoons are best) and inform them that CEDR have been finding in the passengers favour (they should already know this) in most, if not all, cases brought due to the Trent engine problems.

The reasoning is that the origin of the problem, an inherent manufacturing fault with some RR engines, is an accepted Extraordinary Circumstance (EC) which would ordinarily exempt the airline from having to pay compensation. However, CEDR have found, time and time again, that BA did not take 'all reasonable measures' to prevent the delays. Meaning that compensation is due.

BA were issued with a notice informing them of the need to inspect these engines last April. This means BA have know about the issues for a long time and should have been able to make alternative arrangements to prevent delays to passengers.

If BA will still not see sense and pay you the due compensation please PM me and I'll send you some information to submit to CEDR regarding previous cases.

BA are just burying their head in the sand over this issue in the hope that passengers will be put off claiming if they initially refuse and make life difficult.

If you can put up a convincing case over the phone you may be one of the first to avoid having to refer to CEDR.

Good luck.

Thank you Tyzap, that's very helpful. I'll certainly be going back to BA with this to see what they have to say.

One further question. As it stands BA have refused to pay compensation but have offered to pay for my incurred expenses (hotel, meals etc for the extra night). If I then get in touch with them about the above and they still refuse and I have to go down the CEDR route, where do I stand in terms of accepting the money for the expenses. BA have offered to pay me via cheque or bank transfer for the expenses, but would accepting payment for the expenses rule me out of escalating the claim for compensation to CEDR?

By accepting their payment for the expenses incurred, would this be treated as accepting their decision regarding the flights and mean that no further escalation could happen for my case?

Thanks

Chris

JPears

tysonpj - as a first step, you should download Vauban's superb guide. Make a large brew and a few biscuits to read through the claims procedure to ensure the correct claim is being made.
Why was the NCL - LHR first leg delayed? If not an EC, such as weather or ATC, then it may be time to ask for a deadlock letter and go to ADR/CEDR.

JPears

cjc - Unlikely. Remember that duty of care expenses are a different element to the regulation and have different qualifiers for a valid claim so should be treated separately.

Did you make your expenses and compensation claims on separate webforms/claim forms? Most airlines use separate forms.
If it was a single combined claim, make it quite clear to BA, in writing/email, that you are accepting only partial payment for the entire claim.

Tyzap

cjc1706 wrote: »

Thank you Tyzap, that's very helpful. I'll certainly be going back to BA with this to see what they have to say.

One further question. As it stands BA have refused to pay compensation but have offered to pay for my incurred expenses (hotel, meals etc for the extra night). If I then get in touch with them about the above and they still refuse and I have to go down the CEDR route, where do I stand in terms of accepting the money for the expenses. BA have offered to pay me via cheque or bank transfer for the expenses, but would accepting payment for the expenses rule me out of escalating the claim for compensation to CEDR?

By accepting their payment for the expenses incurred, would this be treated as accepting their decision regarding the flights and mean that no further escalation could happen for my case?

Thanks

Chris

Hi Chris,

Two separate issues, so one will not affect the other.

Good luck.

vipa316

Hi,

I recently had a flight cancelled by BA from Newark to Heathrow.
I used the Resolver tool and receive the following reply:

"We take all reasonable measures to avoid cancelling a flight and we always consider if there are any operational options available before we make a decision. We’re very sorry the cancellation was necessary in this case.

Your claim’s been refused because of operational circumstances outside of our control, which prevented the aircraft operating as scheduled. I’m afraid this was out of our control and caused unforeseen disruption to our schedule. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation."

Is there anything I can do to take this further? It just appears like a standard template reply that doesn't provide any information as to what actually caused BA to cancel the flight in the first place?

legal_magpie

It certainly does. They have given no details. Check your flight number and date on Bott online or EU claim and see what they say. If it's positive send BA a letter before action and if they still refuse, sue them