Flight delay and cancellation compensation, BA ONLY

Tyzap

super_saint wrote: »

So BA have refused a second time - Firstly is there a time limit to appeal BA's decision to decline my request - flight was in August & they refused compensation in Nov (completely forget about it!!)


In everyones's opinion what are my chances in taking this further with CEDR? I notice you say it's free but I see a £25 admin charge to make a case


Any advise greatly received

Your chances of a favourable decision from CEDR are very good imo as BA would have known the flight crew would be out of hours before the plane left Gatwick.

On the basis that BA knowingly allowed the delay to occur, you chances at CEDR are very good.

Be sure to provide the link to the BA Source when you lodge your claim.

The £25, I understand, is only requested if you lodge a frivolous claim for an obviously hopeless claim that wastes everyones time.

Good luck.

[Deleted User]

Kudos to BA.
Flight delayed by 11 hours on return from Cape Town at the end of the first week in January.
Claimed online through their website and full refund of €600 a head paid into my bank account within a week.

Phoenix901

Evening all.
Looking for some help/advise.

Our flight was delayed in Miami and it caused us to miss our connection in LHR and arrive in Manchester +4 hours delayed.

BA say the delay was due to air traffic control.
How can I prove otherwise?

I have an open case in Resolver regarding this claim.

Regards
P

Phoenix901

Tried to edit but couldn’t.
Flight was BA210 On 23/07/19

super_saint

mcscoobs wrote: »

Advice sought please

I'm in need some British Airways advice as I've hit a brick wall with regards my compensation claim. Back in August, flying back from Cyprus to Gatwick, I was delayed 14 hours (11.40pm flight changed to 1.30pm next day), with my partner and 2 toddlers (aged 1 & 2). I was told at the time that the previous flight over ran and therefore staff couldn't continue working because it went beyond their working time agreement. BA took us to a hotel an hour away to sleep. But it did mean changing work arrangements, airport parking and other little amendments.

I used Resolver and wrote this to them on 19th August:

Dear customer services team,
I am writing regarding a delayed/cancelled British Airways flight.

The judgement of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation, as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this flight. The details are as follows:
Booking reference: LI95Z9
Existing complaint reference:
Flight number: BA2674
Departure airport: Larnaca
Scheduled departure time: Sat 17/08/19 23:40
Arrival airport: London Gatwick
Number of passengers: 4

Based on the above details, I am seeking the fixed compensation as specified in EC 261/2004.
Flight was delayed from 23:40 on 17th August until 13.30 the following day (a 14 hour delay). This meant us rearranging work and airport parking arrangements. Plus with two children under 2 years old, this was logistically a nightmare. We were provided eventually with accommodation, but the food on site was inadequate (hot food was stone cold and barely any choice).
I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.
Yours faithfully

I had no response. So I chased this and escalated on 2nd September, 23rd September and 14th October. I finally got a response 3 months later, on 4th November, stating:

Please Quote in Subject: 11.17.006.3161
Dear Sir,

With reference to your complaint regarding flight BA 2674 from Larnaca to Gatwick on 17/8/2019, we inform you that after assessment of the evidence at our disposal we have concluded that exceptional circumstances occurred on the aforementioned flights; therefore you are not entitled to compensation according to the relevant provisions of EU 261/2004. The reason for the delay was due to ATC Staffing and Capacity Issues.
Please note that the advice and/or opinion given by us, as the National Enforcement Body under EU Regulation 261/2004 is not binding on the air carrier or the Courts, in respect of individual complaints. Therefore, if you are still not satisfied with the airline's response, to any claim for compensation, even following our opinion, you will have to pursue the matter directly through the Courts or by means of alternative out-of-court dispute resolution mechanisms established in your country.
Please be advised that the Department of Civil Aviation considers your case closed.

Air Transport and Airports Section
Department of Civil Aviation
27 Pindarou Street
1429 Nicosia
Cyprus

I've not responded as yet. Is there anything I can do now? Thanks in advance!

:rotfl:I was on the same flight!! Just putting a claim through CEDR now.

Caz3121

Phoenix901 wrote: »

BA say the delay was due to air traffic control.
How can I prove otherwise?

you will not be able to prove otherwise if it was an accurate reason
you could try putting your flight details into the free claims checkers EUClaim and bottonline
EUClaim appears to agree with BA
Unfortunately you are not entitled to compensation.
An extraordinary circumstance is a situation which the airline has no control over and cannot be held responsible for, for example, a strike by air traffic control staff, bad weather or a terrorist attack.

Wkmg

Hi. I had a BA flight booked from Edinburgh to Heathrow on Sunday night. It was cancelled due to storm Ciara. They were unable to offer me a flight the next day so I had to book a train to King’s Cross. The train cost £160. My flight had cost £90. I know the cancellation was out of BA’s control but I thought they still owed me a duty of care due to me being stranded. They have said they will only refund my ticket as opposed to reimbursing me for the train. Are they within their rights to do this? I didn’t need to claim for subsistence or accommodation as I was able to stay with a friend. If they’re within their rights that’s fine, I’ll take the refund. I just don’t want BA to get away with a penny more than they are legally entitled to as they are a pretty awful airline now imo. 150 flights in the last 5 years and every experience has been worse than the last!

Justice13075

Firstly they should have rerouted you with another airline, the fact they didn't and you had to catch a train means they are liable for the train fare. Ask them for a deadlock letter and take it to Arbitration

super_saint

Tyzap said:

super_saint wrote: »

So BA have refused a second time - Firstly is there a time limit to appeal BA's decision to decline my request - flight was in August & they refused compensation in Nov (completely forget about it!!)


In everyones's opinion what are my chances in taking this further with CEDR? I notice you say it's free but I see a £25 admin charge to make a case


Any advise greatly received

Your chances of a favourable decision from CEDR are very good imo as BA would have known the flight crew would be out of hours before the plane left Gatwick.

On the basis that BA knowingly allowed the delay to occur, you chances at CEDR are very good.

Be sure to provide the link to the BA Source when you lodge your claim.

The £25, I understand, is only requested if you lodge a frivolous claim for an obviously hopeless claim that wastes everyones time.

Good luck.

I have received the attached lengthy response from BA following claim thru CEDR
Can i assume that's the end of the road??

Justice13075

Blah blah blah They are just trying to blind you with science. The simple fact as Tyzap says they knew their crew would be out of hours before the plane left Gatwick. Let CEDR adjudicate. EuClaim flight checkers seem confident you are possibly due compensation.