Flight delay and cancellation compensation, BA ONLY

finatra26

We were due to fly from Gatwick to Venice on 9th September - we received the e-mail from BA to say our flight had been cancelled when I logged in they were offering a flight on the 8th which would have got us to Venice just about midnight, this would have meant we would have lost out on the following
Hotel in London
Tix for London Show
Prepaid Gatwick Express Tix
Prepaid meet and greet transport at Venice airport
I tried over 200 times to get through to BA with no joy on Saturday and as our relations are joing us in London from Australia to go to Europe with us we were panicking as Venice is first stop of a wee trip including Rome and Budapest. The prices were going up on other flights on the 9th before our eyes so we booked an easyjet flight via Basel - this cost over twice the price of our original flights
BA are saying they will only refund our original ticket prices and not the additional 300 quid - but if we had accepted their earlier flight offer the cost to them to put us up in a hotel and refund us for the prepaid London items would have been far greater
What's my position please?

JPears

Your position is that BA, yet again, are trying to fob you off.
What was the reason for the cancelation?
If its not an EC (unlikely with 11 days notice) then each passenger is due €250 for the cancellation within 14 days. But this is subject to the timings of your easyJet flight (possibly)

You also have the right to claim the additional expenses for the alternative flights with easyJet.
I would advise NOT to accept any refund as the airlines sem to think that this absolves them of any duty of care ie your additonal expenses.
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finatra26

Thanks Jpears - we had 15 days notice and it is due to the BA pilot strike


We already got the refund for our flights from BA and were told we had to put an additional claim form in for the rest but it was unlikely they would pay it

JPears

Check you had 15 days notice. 14 days or less and you are due compensation. If it is 15 days, you are not due any compensation.

The 14 days limit does not apply to the duty of care - ie re-routing you.
BA have misinformed/lied to you about your rights/their legal obligations under regulation 261/2004 regarding re-routing options/expenses.
did you request the refund or did BA make the refund unilaterally?

finatra26

Thanks again for taking the time to reply. I’m not looking for compensation. I understand that I’m not due that. I’m only looking for the difference to be paid between the 2 flights. BA said because I was not accepting the flight the day before and they had no flights on my chosen travel day that my only option was a refund

Mandy70

Can anyone advise me where to go??? Our flight was cancelled by BA & we were rebooked for 2 days later. BA have accepted responsibility for the cancelled flight & given us €600. However, they refuse to give any compensation for our lost 2 days of our holiday. I’m fairly sure we should be able to claim for ‘loss of enjoyment ‘ as our holiday was cut short due to the cancellation. Because it was a flight only booking ATOL & ABTA don’t cover... so what do we do next??

Tyzap

Mandy70 wrote: »

Can anyone advise me where to go??? Our flight was cancelled by BA & we were rebooked for 2 days later. BA have accepted responsibility for the cancelled flight & given us €600. However, they refuse to give any compensation for our lost 2 days of our holiday. I’m fairly sure we should be able to claim for ‘loss of enjoyment ‘ as our holiday was cut short due to the cancellation. Because it was a flight only booking ATOL & ABTA don’t cover... so what do we do next??

Hi Mandy70,

Consequential costs are not covered by EU261/2004, the EU flight delay regulations.

I believe you could use the civil courts to recover those costs via MCOL.

Good luck.

legal_magpie

As this was a flight only booking, I doubt whether you would succeed. But, did BA offer to reroute you with another airline on the same day, if such a flight was possible? If they had, you wouldn't have lost your two days. If such a flight was available but BA didn't make the offer this might be a factor.

JPears

finatra26 wrote: »

Thanks again for taking the time to reply. I’m not looking for compensation. I understand that I’m not due that. I’m only looking for the difference to be paid between the 2 flights. BA said because I was not accepting the flight the day before and they had no flights on my chosen travel day that my only option was a refund

Which is wrong. The regulation clearly states any re-routing is a time convenient to you. Google regulation 261/2004 and find the relevant article, 5 I think or it could be 8.

johnthanet

Your advice/comments appreciated.


Flight Bordeaux to Gatwick 14:50 18/06/19. Sat on plane whilst multiple attempts to fix software issue.
Finally requested to leave plane at 17:15 and told would be given more information in departure hall. As anticipated BA desk unmanned and no response from Tel/Email customer services.


Text from BA at 17:58 apologising for delay and promising more information by 22:00.



I had to work later that evening so manged to get a flight on an EasyJet flight at 22:05 for £180.00.



BA flight finally departed at 17:00 the next day.


I claimed delay (26 hrs) compensation but was refused "as you didn't travel on the flight you had booked with us". The email went onto say that might be able to claim a refund for my ticket - £65.00 by using the BA claims process.


It would seem that I have been penalised for not having the time - 26 hrs - to wait for BA to organise an alternative flight.


Additionally I feel that if BA are correct then all Delay Compensation advice should stress that it is only applicable if you take the carrier's alternative flight NOT if you arrange your own alternative.


Comments/advice appreciated. Thank you.