Flight delay and cancellation compensation, BA ONLY

Tyzap

super_saint wrote: »

Need some advise.


We had a BA flight cancellation out of Larnaca, Cyprus back on 17th August. Due to fly at 23.00 but eventually flew 14.00 the following day.


BA put us up overnight in Nicosia, provided transport food etc.


I have put in a claim for compensation but BA have refused 'due to Air Traffic Control restricted operations out of Greek airspace , a block of air space your aircraft needed to travel though. This delay caused our flight crew to be out of hours. This was out of our control'


Is that it or do I have any grounds to appeal??


TIA

Hi,

This info is courtesy of The BA Source....

British Airways A320 G-GATJ Overnight Larnaca Delay.
Aug 17, 2019
British Airways A320 G-GATJ operated BA2620 London Gatwick – Larnaca with a two hour delay this evening causing the return BA2674 to be delayed overnight due to crew not having sufficient hours to operated back to London Gatwick.

What this shows is that BA knew before the flight departed London that the crew would be out of hours and the return flight would be cancelled as a consequence.

They could have changed crew at London or sent out a new crew to fly the aircraft back,,, but didn't.
They could have looked at alternative ways of getting you back on alternative airlines,,, but didn't.

BA are on the hook for compensation so try to pursued them via a telephone call to their call centre one more time, suggesting the above and pointing out that their reasoning is not an Extraordinary Circumstance.

If they still won't play ball ask them for a deadlock letter so you can ask their ADR provider, CEDR, to adjudicate on the circumstances of your claim. It is free. Details here...

https://www.cedr.com

Good luck.

UHF

Hello,


This may be useful for anyone dealing with BA compensation claims for cancelled flights.


Our flight from MAN-LHR was cancelled in less than 24 hours back in August, due to... crew shortage. We were already at a hotel at MAN and discovered this at 7pm the night before by checking the BA mobile app (no phone call or email - nothing.) With one person at a desk in the airport who could do nothing, we were given a helpline card only to find out at 8.05pm that it had just closed and no other way to talk to anyone - this is a major global airline remember... Anyway we had a connecting overseas flight from LHR which we couldn't get to, so the whole journey was rebooked for the following day which we successfully caught.


I made a claim for both compensation of 130 pounds for an extra night at the airport hotel and 1200 euros - the full amount for two people, over 3500km, less than 24hr cancellation. This was at the start of August on BA's complaints pages on their website. I supplied a scan of the hotel invoice and no boarding passes (why should I? They have a record on their 'rock-solid' IT system.) By the middle of October, nothing had happened. I emailed using my complaint number and got a reply three days later agreeing that I am entitled to the full amount. One week later it arrived in my bank account.



All's well that ends well, but I've had enough of BA, the haphazard in-flight service, poor attitudes and budget airline style customer service every time. Most asian airlines are far superior and I've had an almost full refund after missing a flight on Thai Air - I flew with them again. You may want to keep boarding passes in case they make a fuss, but really, they have this on record. Email after a couple of months with your complaint number and ask what's happening. You will succeed.

Money_Saving_Nerd

So just thought I'd share some positive compensation success...

After four months of badgering BA (using Resolver) for my compensation for a cancelled flight I have finally received the full compensation of £1554 for 3 passengers!

I actually received an email saying we were due the full compensation back in September and it has taken two months, two more emails from me and 2 hours on the phone... do they just hope people will forget about it?!

But as the previous poster said, all's well that ends well I guess!

Yay :j

(still really disappointed with their awfully slow system, especially as I was told I would get it two months ago!!)

Tyzap

Money_Saving_Nerd wrote: »

(still really disappointed with their awfully slow system, especially as I was told I would get it two months ago!!)

Almost certainly would have been much quicker had you been a Gold Executive Club member. Which is not a reason or excuse for them to treat you so poorly.

Perhaps another reason the CAA( :rotfl:) should look into the way BA do things:mad:

johnthanet

Update. As advised I lodged claim via MCOL having sent an LBA 7 days previously. I then received a notification from the court that BA had asked for and been granted a 14 day extension.

Two weeks later I received an email from a BA Customer Relations Lawyer. They offered me a settlement Euro 250 compensation, snacks/drinks and court fee. Additionally I was refunded my original BA ticket for the delayed flight.

They stated that as I had not waited to take the BA rescheduled flight (26 hrs later) they would not refund me the Euro 150 ticket price for EasyJet flight I arranged myself.

The reason for this refusal was Article 6 of EC Regulation 261/2004 - "no obligation to re route passengers".

I accepted the offer in full and final settlement.

So it would seem that airlines have no obligation to refund if passengers make alternative arrangements - unless the BA Legal Team are mistaken/lying?

Either way the lack of communications/assistance both during and afterwards makes me think that BA is no better than any other airline with regards to customer service.

They only exist because of the legacy slots they enjoy at LHR and should thus be judged accordingly.

legal_magpie

Just because BA say something, doesn't mean it's right

johnthanet

Mistaken or lying? I would like to know definitively if an airline has to allow an individual to re route themselves if the delayed alternative is unacceptable?

If so what are the exact criteria - delay/costs - that are allowed?

Tyzap

johnthanet wrote: »

Mistaken or lying? I would like to know definitively if an airline has to allow an individual to re route themselves if the delayed alternative is unacceptable?

If so what are the exact criteria - delay/costs - that are allowed?

This is article 6...

Article 6

Delay

1. to be delayed beyond its scheduled time of departure:
When an operating air carrier reasonably expects a flight
(a) for two hours or more in the case of flights of 1 500 kilo- metres or less; or
(b) for three hours or more in the case of all intra-Community flights of more than 1 500 kilometres and of all other flights between 1 500 and 3 500 kilometres; or
(c) for four hours or more in the case of all flights not falling under (a) or (b),
passengers shall be offered by the operating air carrier:
(i) the assistance specified in Article 9(1)(a) and 9(2); and
(ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and
(iii) when the delay is at least five hours, the assistance speci- fied in Article 8(1)(a).
2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket.


It does not say there is 'no obligation to re route passengers' but it does say...

(iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).

Which goes on to say...

Article 8

Right to reimbursement or re-routing

1. Where reference is made to this Article, passengers shall be offered the choice between:
(a) — reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,
— a return flight to the first point of departure, at the earliest opportunity;
(b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or
(c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.


If BA fail to uphold their obligations under the re-routing part of the regulations and a viable, more convenient alternative is available then you are entitled to make your own arrangements and claim the cost back.

As Legal Magpie says, Just because BA say something, doesn't mean it's right.

JPears

Technically, the BA lawyers may be correct as the regs do state:
when the delay is at least five hours, the assistance speci- fied in Article 8(1)(a).
Art. 8(1)(a) does no cover re-routing.
However I would argue that:
1. Your flight was effectively cancelled as your were not offered an alternative for 26 hours. In which case re-routing is an obligation.

2. Various court cases have established that delay is effectively a cancellation so Article 8 (1)(b) - re-routing applies.

johnthanet

Many thanks for info. It would seem I would have had to continue my court claim to try to get the refund of my re routed ticket. And I would have to hope that my claim was upheld in the court.

I was happy with the outcome. An interesting and stressful lesson I would hope never to repeat.