Flight delay and cancellation compensation, BA ONLY

JPears

Its getting boring gentlemen........
Lets do war with the airlines, not each other.

hava2

hava2 wrote: »

Looking for some advise,

My flight was delayed due to knock-on effect of delay of the aircraft from preceding flight. Preceding flight was delayed due to bad weather.
BA rejects my claim and the reason they give me is the late arrival of aircraft due to weather. CEDR also approved BA's position.
Do I have a chance to bring this case before court? How much does it cost me?

OK, as I explained above, CEDR approves BA's position and BA denies to give me an answer why they paid my fellow passenger on the same route but me.
I have the defense of BA and decision of CEDR and proof of payment of the fellow passenger. Two questions:

1. Where can I get legal/expert advise to determine whether BA mistakenly paid fellow passenger or I am due compensation like the fellow passenger?
2. If I bring the case before the court and loose, how much will cost me in addition to court fee. I mean

how likely it is that BA claims the expert cost and I end up paying for their legal costs?


I got encouraged reading posts here so I appreciate your advise guys
Cheers,

legal_magpie

Hava
1. The fact that they paid out another passenger is not binding. There could be several reasons for their decision to pay including that they decided to investigate more thoroughly in later claims.
2. You will have an initial court feeto pay plus a hearing fee.

Silver_Queen

Hi,

I was hoping someone could give me a few pointers about my flight delay reclaim.

I was booked on a flight that got cancelled recently, and the subsequent replacement flight was delayed meaning that I got back 2 1/2 hours later than I should have. I was informed of the flight cancellation around 7 hours before planned departure.

The flight was from Rome FCO to London LHR so it was under 1,500km. Reading through the guidelines and BA policy, I think I should expect 250 euros back.

I raised a compensation claim with BA but they say they aren't liable because it was for circumstances outside their control, specifically bad weather. When pressed further, they said it was due to fog but haven't specified when or where.

There were no other cancelled flights from Rome. There were also 2 other flights, BA and one other airline, which successfully flew from Rome to Heathrow that day up to about an hour before my flight was supposed to depart, and although they were delayed leaving they arrived early at Heathrow. Having done a bit of digging with my limited knowledge, I've found that our aircraft was actually sent on a different route to Copenhagen instead before we even received info of cancellation, although I'm not sure how much significance this will have.

My questions are:

1. Can they use this 'bad weather' as a valid excuse? I know they won't want to pay up but I'm willing to escalate further.
2. If they can continue to use it as an excuse, can I demand that they give me proof of the bad weather? Because I have no experience doing this, I'm struggling to find information online but I could do a subject access request if necessary.
3. Who do I escalate this to next? I thought that the CAA might deal with it but I'm not certain.


Sorry for the wall of text and many, many thanks.

Caz3121

what was the date and flight number?
have you checked what EUClaim and bottonline show regarding your flight?

Silver_Queen

Flight was BA0557 on 23/02/19. Both EUClaim and Bottonline say that I can claim compensation.

jpsartre

Silver_Queen wrote: »

The flight was from Rome FCO to London LHR so it was under 1,500km. Reading through the guidelines and BA policy, I think I should expect 250 euros back.

Aside from the issue of whether or not BA0557 was cancelled due to extraordinary circumstances there's a further issue of how to interpret the article 5.1.c.III. When offered rebooking following a last-minute cancellation, the airline can avoid paying compensation if you are rebooked on a flight *allowing* you to depart less than 1 hour before originally scheduled departure and arrive less than 2 hours after the originally scheduled arrival. BA0547 (which I assume you were rebooked onto) does technically fall within those times (it is scheduled to depart and arrive 90 minutes later than BA0557). So the question is whether it's the *scheduled* times of the rebooked flights that matter for whether or not article 5.1.c.III is satisfied or the *actual* departure/arrival time. I don't know what the answer is but if EU Claim says you're due compensation they must feel it's the latter.

Silver_Queen

jpsartre wrote: »

Aside from the issue of whether or not BA0557 was cancelled due to extraordinary circumstances there's a further issue of how to interpret the article 5.1.c.III. When offered rebooking following a last-minute cancellation, the airline can avoid paying compensation if you are rebooked on a flight *allowing* you to depart less than 1 hour before originally scheduled departure and arrive less than 2 hours after the originally scheduled arrival. BA0547 (which I assume you were rebooked onto) does technically fall within those times (it is scheduled to depart and arrive 90 minutes later than BA0557). So the question is whether it's the *scheduled* times of the rebooked flights that matter for whether or not article 5.1.c.III is satisfied or the *actual* departure/arrival time. I don't know what the answer is but if EU Claim says you're due compensation they must feel it's the latter.

Thanks, this is not something that BA have raised so I will keep quiet on it unless they bring it up.

BA have told me that the reason for delay was fog. Am I right in thinking that I should be given further information about where the supposed fog was, and why that affected the BA0557 flight but the aircraft was still able to complete a different journey, and other flights into and out of FCO didn't seem to be affected (suggesting it was not fog in Rome but fog at LHR)?

Computersaysno

Friend flight from Bangkok to Heathrow was two hours late arrival on Friday....BA said it was due to changing route due to India/Pakistan conflict...


Sounds plausible...but my thoughts were


1 This kicked off weeks ago so they have had plenty of time to plan a new route [and not necessarily of longer duration]


2 If this is the case then ALL flights on the same path would be similarly affected [any idea how I find that out??]


I just wonder if they are using it as a handy excuse???

Caz3121

there is a thread on Flyertalk about the airspace https://www.flyertalk.com/forum/british-airways-executive-club/1958401-extended-ba-flight-times-due-conflict-avoidance-pakistan-airspace-closure-3.html
there is no compensation for a 2 hour delay