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Flight delay and cancellation compensation, BA ONLY

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  • fifeken
    fifeken Posts: 2,740 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    newmum1 wrote: »
    Can I go back to them and say that in fact it is not a valid excuse as the hurricane veered off path and was not in Orlando and other flights were leaving the airport. Thanks
    That doesn't show that your flight wasn't affected by the weather. There could still have been strong winds causing increased spacing between take offs, even if the hurricane didn't hit direct.

    When there are increased spacings due to weather you will still see flights operating, but if you're affected then it is still weather related.

    Despite that, no harm in trying again as others have said.
  • Tyzap wrote: »
    If ADR find in your favour the airline must pay you.

    However, imo, most of the ADR suppliers don't seem to stick to their own rules, especially timelines. For this reason the regulators should take the worst offender to ask and made an example of them.

    As always, you are absolutely correct Tyzap. An ADR has no obligation to follow the precedents of other ADR decisions, as far as I know. This results in inconsistent judgments.... The courts must follow the precedents set by the higher courts.
  • Raised cancellation claim 7th of Aught ‘19 through resolver -
    How long would BA usually take to respond?
    Their customer service line seems rather overwhelmed..
    Cheers
  • You should have filled in the claim form on the BA website. Resolver works very infrequently. Fill in the BA claim form much faster.
  • jase.2
    jase.2 Posts: 65 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    edited 14 October 2019 at 7:24PM
    Email from BA today 14th October cancelling one leg of a return from usa, flight was on 28th October - im a bit confused as to what qualifies for compensation as some sites say it applies when notice is "14 or less days", but others say if notice is "14 days or more" it doesnt apply indeed others say "more than 14 days" doesnt apply - so my question is whether the 14th day is in or out from a qualification point of view


    On the phone they refused to tell me why it was cancelled but they said the only alternatives were to travel to another airport at my own cost (even though ive booked a non refundable hotel at the airport the night before) or a flight from the same airport very late at night meaning ill miss the connection in the UK and get to my destination 5 hours late. They advised they were not liable for my non refundable hotel costs or to get from the original airport to the other one or for any costs should I wait around for the late flight as it wasnt more than four hours later leaving


    Anyone experienced similar?
  • JPears
    JPears Posts: 5,111 Forumite
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    edited 16 October 2019 at 8:58AM
    The text of the regualtion is:
    Cancellation
    1. In case of cancellation of a flight, the passengers concerned shall:
    (a) be offered assistance by the operating air carrier in accordance with Article 8; and
    .......

    (c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
    (i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
    It could come down to the time of your flight and the time the email was sent.
    This is assuming the canceled leg was a BA flight or another EU airline or departed from an EU airport...

    Importantly you are also due re-routing by BA, by other airlines if necessary, irrespective of the notice time they have given you. If there is another journey with similar times BA must put you on that. If they refuse you can pay for it yourself and claim the difference from BA.
    Perhaps if you put the full flight details up ie originals and offered replacements we can advise better.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • m0bov
    m0bov Posts: 2,713 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Got my Compo in the end, it was only from using Resolver. Took 8 weeks though.
  • jase.2
    jase.2 Posts: 65 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    JPears wrote: »
    The text of the regualtion is:
    Cancellation
    1. In case of cancellation of a flight, the passengers concerned shall:
    (a) be offered assistance by the operating air carrier in accordance with Article 8; and
    .......

    (c) have the right to compensation by the operating air carrier in accordance with Article 7, unless:
    (i) they are informed of the cancellation at least two weeks before the scheduled time of departure; or
    It could come down to the time of your flight and the time the email was sent.
    This is assuming the canceled leg was a BA flight or another EU airline or departed from an EU airport...

    Importantly you are also due re-routing by BA, by other airlines if necessary, irrespective of the notice time they have given you. If there is another journey with similar times BA must put you on that. If they refuse you can pay for it yourself and claim the difference from BA.
    Perhaps if you put the full flight details up ie originals and ofered replacements we can advise better.


    Thanks for that detail.

    The cancelled flight is the third leg of a multi city booking - first leg is Monday 21st October, the cancelled 3rd leg is Monday 28th October. This was 19:40 from Newark to Heathrow, so as they texted at 930am yesterday (Monday) im assuming it wont qualify for compensation as it was sent 2 weeks and a few hours before the flight time.

    The text didnt offer an alternative, it told me to ring which was a not a pleasant experience, took me all day to get through. They offered the 2230 from Newark to Heathrow but ill miss the connection to the booked 4th leg. They also said I could go from JFK at 1930 and get to final destination at the original time but they refused to cover costs of getting to JFK from Newark where ive a non refundable hotel the night before. Id have expected them to cover the expenses bearing in mind it was them who cancelled the flight due to "operational reasons" rather than me getting the expense and the time spent getting across new york

    Thanks in advance
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    When does (did) your original flight, 1st leg depart in UK time?
    Is there an alternative route with a diferent airline? Is your 4th leg (thats a long trip!) with BA or through a BA codeshare ie the whole journey on one ticket?
    I would argue that even though they informed you on the Monday that is probably not considered at least 2 weeks.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • jase.2
    jase.2 Posts: 65 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    JPears wrote: »
    When does (did) your original flight, 1st leg depart in UK time?
    Is there an alternative route with a diferent airline? Is your 4th leg (thats a long trip!) with BA or through a BA codeshare ie the whole journey on one ticket?
    I would argue that even though they informed you on the Monday that is probably not considered at least 2 weeks.

    Thanks for coming back.

    The original leg 3 flight would have been leaving at 23:40 GMT as the clocks go back the day before.

    I asked about other airlines, they refused aa as the connection time at Heathrow wouldn’t work with aa being T3 and BA T5, although that option would still give me the issue of staying at Newark and having to get to jfk at my own expense and time.

    I also asked about Aer Lingus who have a Newark flight 45 mins before my cancelled flight that connecting in Dublin gets me to my final destination 40 minutes early - they refused saying Aer lingus is only a code share and brushed it off when I said that ba.com was selling this Aer lingus flight.

    The 4th leg is a also a ba flight - all four legs are

    Thanks again
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