Flight delay and cancellation compensation, BA ONLY

JPears

Hi welcome to the board.


Please re-post on the dedicated BA thread, rather than posting your own personal thread.


In the meantime, download Vauban's most excellent guide which will give you most if not all of your answers.

blindman

johnthanet wrote: »

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.

Maybe post this on Flyertalk BA compensation thread

JPears

At the point you received a text at 17:58, your delay had already exceded 3 hours and was likely to be much longer as they were giving a time of 22:00 just for an update.
If no one was available or BA unwiling to re-route, you are perfectly within your re-route yourself at BA's expense.
So you are due
1. Compensation for the dealy - clearly a tech.
2. Additional expenses incured re-routing with easyJet.
Write back to then quoting Article 5. (2). Article 6. (c) (iii) and Article 8(1)(a).
Give them 14 days to pay or take them to court. Mrk your correspondance as an NBA/LBA

johnthanet

Many thanks JPears. I read Vauban guide but could not find a direct reference to having made independent alternative arrangements.

Please could you confirm to which document the quoted articles are from so I may include it in my letter to BA.

Additionally would I be correct in thinking that BA cannot decline EU law compensation because I did not complete the journey with them?

Thank you again.

JPears

Hi Vauban's guide really deals with compensation claims.
It was written before we really got our teeth into re-routing expenses ( I don't know why it took us so long?)
The document is regulation EU 261/2004

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0261&from=EN


You are correct in your thinking.

JPears

Thinking a couple of days ago I should have booked the cheapest BA flight I could find for today and then got a refund and compensation


When is the next strike planned?

Tyzap

JPears wrote: »

Thinking a couple of days ago I should have booked the cheapest BA flight I could find for today and then got a refund and compensation


When is the next strike planned?

Tomorrow, so get cracking:rotfl:

johnthanet

Thank you again. I will update as claim progresses.

Justice13075

Just wait until claims start going into BA for the strikes where they haven't given 14 days notice of cancellation.

silvercar

Justice13075 wrote: »

Just wait until claims start going into BA for the strikes where they haven't given 14 days notice of cancellation.

For the strikes on 9 and 10 September, they did give 14 days notice. in fact they were so eager to ensure that everyone had notice, that they also gave notice to people whose flights weren't cancelled on 8th September and had to deal with that issue too.