Flight delay and cancellation compensation, BA ONLY

Justice13075

Compensation is based on when you arrived at Gatwick not Heathrow. How did you get back to Gatwick? they should have provided or paid for your transport back to Gatwick

bspm1

edd_from_london wrote: »

Dear Experts --



We missed a flight directly because of BA and Heathrow assistance for my mum who has mobility issues. We would like to claim on the grounds of being denied boarding unreasonably. The text below was posted in BA's claim portal. Below that is one response from Heathrow Airport and one from BA. Basically they're saying we're not legally entitled to compensation and offering some voucher for much less. Am I best accepting their offer or have I grounds to take this further?



Many thanks,
Edd from London

---

ISSUE AS LOGGED

---

ISSUE 1) My mother, <MUM>, requires a walker (like a zimmer-frame) which we added to the booking and brought to the airport. We arrived in good time around 0710. We checked in by 0720. The lady at check-in, seeing <MUM> using her walker, advised us we would find it quicker to get through security if she called assistance for us and a wheel-chair. We trusted her opinion and waited over 5 minutes for someone to arrive. The assistant took us upstairs to an assistance waiting area, not to the security queue where we could have capably queued. <MUM>'s boarding card was examined and we were left to wait over 10 minutes before anyone came. We trusted those helping us. We were then taken directly to the front of the security line where the lady from mobility assistance was told we could not go through (presumably because of the time). I believe she was told she needed a BA representative and she could not get hold of someone from BA. She took us back to BA assistance-desk downstairs (near the check-in desk). From the conversation between her and the BA help desk certain facts emerged: (a) The original person escorting us did not have the required pass to take us through security; (b) the lady now assisting us had been struggling to contact someone from BA when upstairs. The man on the BA assistance-desk tried to contact BA people at the gates and found the phone numbers not registered in the system when, as he noted, "they should have been". Therefore, he could not ask for their help. Another BA representative, a lady responsible for dispatching the flights, told us there was now no way to reach the gate on time and she could not delay the flight for us. We pointed out that we were only in this situation due to the advice of BA and due to the mobility assistance that was provided, i.e. left to our own devices we would have cleared security in time. BA then organised alternative flights, which I've listed under issue 2. Note there was no other direct flight that day. You also provided us each a food voucher for £5 at Heathrow during the waiting period. On leaving the BA assistance desk, the man on the desk wanted the blame solely the mobility assistance people ... and then the assistance person wanted to blame BA because of problems contacting someone from BA when required. The truth lies in-between: The person summoning the assistance could have communicated the priority of getting through security ... and could have seen the assistant was lacking a pass ... and could have advised that <MUM> was capable of walking. Likewise, BA could have correctly published the phone numbers of the staff at the gate to make them contactable.


ISSUE 2) The alternative flights meant that we left 2 hours after the original scheduled departure time and we arrived more than 4 hours later than the original arrival time. Therefore, we would like to claim compensation for the delay for all passengers for the maximum entitled amount (as advised by the CAA website). We are also claiming for reasonable refreshments for all of us in Barcelona airport, as per the attached receipt.

---

RESPONSE FROM HEATHROW

---

[FONT=&quot]Please extend our sincere apologies to <MUM> that she had such a negative experience when travelling through Heathrow and fully appreciate this was a very stressful and upsetting situation. We would like to assure her that as she only made herself known to us 42 minutes before her flight was due to leave, the team did everything possible to assist her as quickly as they could. The first available agent was dispatched to assist her within 5 minutes and the team rushed her to security, however, the security officer made the decision that it was too late for <MUM> to proceed to the gate. The airline also felt that there was not enough time for her to board the flight.
[/FONT]


(EDD: Notable points: The assistance offered by BA was about 1hr before the flight; There's no explanation of lack of pass; There's no explanation of why we were left in the assistance waiting area without being told there was an issue when we could have queued like anyone else. I'm yet to respond.)

---

RESPONSE FROM BA

---

[FONT=&quot][/FONT]I'm sorry to hear you missed your flight because of the problems you had waiting for a wheelchair. I can appreciate how frustrated you all must have felt. While I understand your reasons for asking, you're not entitled to EU compensation as your flight wasn't delayed. I know this isn't the answer you were hoping for and I'm sorry to disappoint you.

You mentioned <MUM> could walk with the help of a walking frame, and you missed your flight because staff at the airport offered assistance when it wasn't required. I've checked your booking, and I can see <MY_PARTNER> called us on 17 March and requested wheelchair assistance for <MUM>. When you arrived at the check-in desk, my colleague would have seen the request for assistance, and contacted the wheelchair handlers as requested by <MY_PARTNER>.

After a change to EU legislation, it’s been decided that the airport authority and their service partners are now responsible for customers with reduced mobility. I’ve sent a copy of your email to London Heathrow Limited so they can reply to you once they’ve looked into your complaint and they’ll contact you directly.


I absolutely agree that you shouldn’t need to wait for your assistance, after you’ve requested it. I acknowledge we could have handed the problems you had more effectively by having access to the correct telephone numbers, and communicating more effectively with the airport security team. As a result of the problems you had, you missed your flight, and you were rebooked via Barcelona at considerable inconvenience. I know this isn’t the service you expect when you travel with us and I apologise. As an apology for the issues you've had, I’d like to offer you an eVoucher for £50.00 per person, in one eVoucher totalling £150.00 as an apology.


(EDD: Notable points: We booked a wheelchair slot for the zimmer-frame on the flight but not assistance; We told the lady at check-in we could walk through OK; We had 1hr until departure and would have got through OK without their intervention. I'm yet to respond)

[FONT=&quot] [/FONT]

I have always been told to check in at least two hours prior to departure when requesting wheelchair assistance.
I have a mobility scooter and it actually goes to the plane doors where I dismount and they take it away, even though I do not need a wheelchair it still has to be booked as assistance needed, as we are never sure how the mobility scooter will be returned to me at the other end, different airlines, different airports, different destinations.
I would take the voucher, I actually do not think you checked in early enough when requesting assistance, whether tit was used or not.

JGBallard15

“Compensation is based on when you arrived at Gatwick not Heathrow. How did you get back to Gatwick? they should have provided or paid for your transport back to Gatwick”

I never returned to Gatwick. They did not offer any assistance to get us back there so we arranged an alternative pick up to take us home. So I suppose I still haven’t technically arrived at my original destination?

JPears

You use a best guess estimate as to how long it would have taken you to get from Heathrow to Gatwick. ie the slowest public transport and add that on to the time your were delayed in reaching Heathrow. Also point out to BA that they neither offered or provided you with transposrt from Heathrow to Gatwick.
I would estimate at least 90 mins transfer, which takes your total delay over 4 hours.

GB01

Hi all,
Just wanted to post on here to say i've had a successful claim with bott & co, EU claim refused to take my case on. I hope this helps anyone not sure.

Flight was delayed by 6 hours from Chambery to London City, because the incoming flight was cancelled due to bad weather - so there was no plane to take us.
However, after spending hours reading through this forum and the guide, I was confident I had a case under the 'knock on effects' rule as our flight was directly not affected by any weather issue. BA took 6 hours to fly in a plane to take us, when they could have bused us any near by airports Geneva, Grenoble & Lyon. The plane also landed at stansted instead of London City..which had closed. BA compensated us for the travel (after first refusing, despite giving us a letter on the plane saying we could). The entire experience was a shambles.

I tried revolver and BA flat out refused to pay and kept saying it was delayed due to weather. I was even told there was heavy snow from Chambery (we had just had a week of skiing with blue skies, there was definitely no snowfall!) EU Claim told me it was delayed to bad weather but Bott & Co said i had a case. I have read above posts that say Bott & co just want to take you on anyway so I was not at all hopeful.

Timeline for anyone interested:
04/03/19 Submitted to bott & co
06/03/19 Confirmed they had a case and signed t&c
04/04/19 Confirmation BA will pay out
18/04/19 Money has been paid to Bott & Co and will be paid to me shortly
24/04/19 Money paid

Thanks to all in this forum for their advice, I recommend Bott & Co 100%, yes they take a fee but I now have £125 i didn't have before!

edd_from_london

jpsartre wrote: »

It's hard to follow exactly what happened (or what went wrong) but if you feel you have a claim for compensation you can either open a case with alternative dispute resolution (BA uses CEDR) or MCOL (money claim online).

Thanks for the info.


I've followed the guide and told them I intend to take this to a county court. But BA are still insisting we're not entitled to claim if the flight itself was not delayed. Please, if I paste a very shortened version here, can someone say if it's worth persuing:


* We had requested passenger assistance so to get a zimmer frame onto the plane
* We checked-in and said we could walk OK through security ~1hr before take-off
* BA told us to use assistance as it would be quicker
* Assistance took an age to arrive and deposited us in a waiting area for ages
* They then show up and take us through too late
* BA also admit negligence is not being contactable air-side


I'd like to claim on the basis of being "denied boarding" (not our fault) and it too over 4hrs extra to arrive. Is there merit in County Court route (hoping for CEDR)??



(Full info to be found a few posts back under the same title, less the "RE:".)


Thanks!



Kind Regards,
Edd


PS To the person recommending getting there earlier, I appreciate your advice! (We would however have got through this time in time left to our own devices.)

jpsartre

edd_from_london wrote: »

Please, if I paste a very shortened version here, can someone say if it's worth persuing:

Nobody can tell you for sure. This isn't an exact science and a lot of the cases people post about in here can go either way. FWIW, I'd say there's certainly a chance you will get compensation if you pursue it to the end. CEDR charges a fee but you'll get it back if you win (and anecdotal evidence suggests they'll refund it anyway unless your claim is obviously frivolous). So start by filing a claim there. You might need to obtain a deadlock letter from BA first.

edd_from_london

Thanks jpsartre.


Do I keep again say "I definitely want to take this to County Court" so that they volunteer CEDR, or do I say "I want to take this to CEDR and also need a deadlock letter"?

JPears

The latter. Mark your communication as an LBA/NBA

NoviceAngel

Hi All,


I'm sure some of us here would be interested to see this nugget on BBCTV broadcast yesterday Monday 6th May.


Watch from 12m 15s in. First case is TUI NOT BA.



https://www.bbc.co.uk/iplayer/episode/m0004ww0/rip-off-britain-series-11-episode-1


Points I noted are, I bet others will find more:


Di and her partner Charles they were told no other flights available, no mention of re-routing or to make their own arrangements and claim it all back. No mention of right to care.


How silly and wrong to accept a refund and 'fly out a few days later', at their own cost ?! The BBC never said what a big ill-informed decision that was by this hapless couple..


The second case, is even more distubing.

This time John flying with BA.He was offered re-routing some 3 days later. But not to miss the cruise made his own arrangements and quite right too in my own opionion.At least unlike the first case he refused the refund. Good on you John.;).


So let me get this right BA say because he refused the refund and the flight 3 days later 'BA had fulfilled its obligations' what utter nonsense IMHO. Am I wrong ? ohh lets ask an expert shall we ?


Here comes travel EXPERT? Bob Atkinson says unfortunatly because he didn't inform BA that he was making his own arrangements then he's now at a disadvantage in arguing his case. Really ? Does it say that in the regs ? In my mind absolutely incorrect advice offered by this expert.


When I was stranded in Paris, - you simply could not get through to Jet2 because of the amount of passengers affected. So to sugggest that, when the whole of Gatwick is locked down is just plain silly.


Really bad journalism - full of half facts and the legislation EC261/2004 was never actually mentioned throughout.


Any thoughts please ?


Cheers,


NoviceAngel