Flight delay and cancellation compensation, BA ONLY

hava2

legal_magpie wrote: »

Unless your flight was affected by bad weather, not a previous one which meant that the aircraft was late arriving, you should have a valid claim. Put your flight details into the checker with Bott online and see what it says.

Thanks for your reply.
Do I need to consult a lawyer to claim in the court? How much does it cost me if my claim is not successful in the court?

Tyzap

hava2 wrote: »

Thanks for your reply.
Do I need to consult a lawyer to claim in the court? How much does it cost me if my claim is not successful in the court?

Did you put your details into the on-line flight checker as Legal Magpie suggested? It may be a viable alternative to MCOL and it will give you an indication whether they believe you have a valid claim.

You can go down the MCOL yourself but it does require time, patience and some knowledge but not a lawyer.

Good luck.

jpsartre

hava2 wrote: »

Thanks for your reply.
Do I need to consult a lawyer to claim in the court? How much does it cost me if my claim is not successful in the court?

Put your details into EU Claims flight checker (link below). Ignore Botts flight checker, it won't give you any indication of whether or not your claim is valid. If EU Claim says you might be due compensation, you can think about MCOL (money claim online). The cost is £70. If EU Claim says you're not due compensation chances are you aren't and that you'd be wasting your money and time taking it further yourself. You can always hand it over to Bott which doesn't cost anything and is risk-free (although they will take a percentage of your compensation should you be awarded any).


https://www.euclaim.co.uk/

Justice13075

Ignore jpsartre he is a Bott hater. Put your details into bottonline as well.
Goodluck

jpsartre

Sigh, apparently this is hard to understand but I'll repeat myself: l have recommended Bott many times and have used them as well. They're great IMO. So no, I'm not a "Bott hater". But their flight checker is useless. Have you ever checked a flight with them that came back saying "sorry, extraordinary cirumstances obtained"? I don't ever recall seeing that.



Someone in the TUI thread just asked about a flight that was delayed due weather related closure of MAN in January. Bott still gives the "good news" message. Granted, the flight was less than a month ago but EU Claim have correctly updated their data so why haven't Bott?



I had a couple of delays years ago that I handed over to Bott. They eventually dropped the claims with the reason being the delays were due to extraordinary circumstances and that they would be unlikely to get compensation in court. What do you think their flight checker says if you look up the flights now? You guessed it, you get the "good news" message. So they don't even bother updating the flight checker for flights their own legal team have determined do not entitle to compensation.


The point of checking a flight on a flight checker is to get some indication of whether the claim is valid. But have can a claimant get any such indication when it's impossible to get a negative result? And if they can't, why should they waste their time using it? Especially when there's an alternative checker that is actually updated.

hava2

jpsartre wrote: »

Sigh, apparently this is hard to understand but I'll repeat myself: l have recommended Bott many times and have used them as well. They're great IMO. So no, I'm not a "Bott hater". But their flight checker is useless. Have you ever checked a flight with them that came back saying "sorry, extraordinary cirumstances obtained"? I don't ever recall seeing that.

Justice13075 wrote: »

Ignore jpsartre he is a Bott hater. Put your details into bottonline as well.
Goodluck

Tyzap wrote: »

Did you put your details into the on-line flight checker as Legal Magpie suggested? It may be a viable alternative to MCOL and it will give you an indication whether they believe you have a valid claim.
Good luck.

Update:

I checked my flight with both Bott and EUclaim.
Bott says I can get compensated.
EUclaim says I can not get compensated.

Meanwhile I know a friend in the same flight that he managed to get compensated 3 weeks after the flight.

Recap:
My flight with BA was delayed last April due to late arrival of aircraft from preceding flight. Preceding flight was delayed due to bad weather. BA rejected my claim saying it was extraordinary condition.
I'm sorry I know my case is a twisted one. But my friend's successful claim makes me curious. Any thoughts or advise?

jpsartre

hava2 wrote: »

I checked my flight with both Bott and EUclaim.
Bott says I can get compensated.
EUclaim says I can not get compensated.

Well, no surprise there



It's hard to say how a small claims court judge will view your case and two different judges may well arrive at different results. Delays due to knock-on effects are notoriusly grey area cases. Personally I'd probably let Bott deal with it but that's just me. Did your friend need to take legal action to get compensated or did BA simply pay him? If it's the former, that might make me more inclinded to pursue legal action (and of course, mention your friend's result in your case).

hava2

jpsartre wrote: »

Well, no surprise there

.

Thanks jpsartre

One last question/comment:
in the Wikipedia page of Flight Comp. Reg. 261/2004, under Future Developments it says:

• With respect to compensation for long delays, which was never explicitly stated in the original regulation but added by the European Court of Justice, a threshold of five hours for type 1 and 2 flights, 9 hours for type 3 flights up to 6,000 km, and 12 hours for longer flights will be established.

Do you know how fast are these new rules establishing? Do I still have time to claim my 4 hours delayed flight?

jpsartre

hava2 wrote: »

Do you know how fast are these new rules establishing? Do I still have time to claim my 4 hours delayed flight?

From memory, these were just suggestions for possible changes that came out a couple of years back. I haven't heard anything about them being implemented anytime soon and in any case, I doubt they would be applied retroactively.

jpsartre

Tyzap wrote: »

So your not surprised that Botts got it right and EUclaim got it wrong?

No, I'm not surprised Bott says there's a claim because they always do. I've never once argued that Bott is always wrong and EU Claim is always right. What I've argued is that Bott don't update their flight checker so the result you got from it is no indication of whether your claim is valid or not. That has nothing at all to do with being right or wrong. Obviously they'll be right in all the cases where the claim is valid just as a broken clock will show the correct time twice every 24 hours.