Flight delay and cancellation compensation, BA ONLY

Justice13075

ArKay said:

Thanks for your comment but I think you are wrong. Spare pilots do not of course have to be brought from UK - many are on lay over nearby and can be offered overtime flights back if in safe period. This is routine. On second point and in my expereince, the airlines may offer a defence on paper but rarely turn up to court as it is a cost to them to hire an agent to run the case and possibly overnight hotel fees which ends up costing more than the fixed compensation. So in my expereince they rarely turn up and you automatically win by default. Even if they do turn up you lose the case, you only lose your very small fee - no costs are awarded against you in small claims court (money claim online). So just do it is still my advice.
Enough.

Put your flight details into euclaim and then bottonline they should tell you if you are due compensation

Justice13075

To add I agree with ArKay that compensation is payable. This from Bott & Co the countries leading law firm on Eu261/2004 flight compensation. 

Flight Delays Caused By Crew Sickness: Can I Claim Compensation?

The short answer is: Yes, you can, but you’ll probably have to take your claim to court.

Airlines often tell passengers they can’t claim for flight delays caused by crew sickness, arguing that staff illness is an extraordinary circumstance.

Bott and Co have proven the airline’s position to be incorrect hundreds of times but unfortunately – due to the lack of any binding case law on crew sickness claims – airlines are still telling passengers they aren’t entitled to compensation.

ArKay

Thanks for your input. The quotation about horse / elephant is not mine. It was said after an appeal for a European judgement and therefore this is a now precedent on how the law must be interpreted. The rule "extraordinary" under EU261 went to appeal court for that very reason - to be clarified - and as it has now been clarified, that is how it should now be interpreted. That is the point of appeal courts sometimes.
Hope that helps - or is at least interesting. I can only say again (and again) just take the airline to court if you have a grievance. It does not cost much and as it stands, you are more likely to win than lose.

JPears

I'm on the fence on this one. Agree to an extent with both AlanB and Justice/ArKay.

But given the thousands of claims the airlines get away with not paying out by misinforming and lying to customers, I'd be inclined to make the claim via Small Claims anyway.....

Just sayin'

mattyprice4004

leylandsunaddict said: If a pilot is on layover nearby then he is on rest time, not time where he can be asked to do overtime. 

Not always - a friend flies for Jet2 and he's often returned home earlier than scheduled due to cover needing to be found. 
It's quite common - and as long as the minimum rest requirements are met, perfectly fine to do. 

Ountz

I posted this on trip advisor’s forum but wouldn’t mind people’s opinion/advice:

Hi

I am due to fly to Australia via Hong Kong in April with British Airways. Due to Coronavirus I wish to reroute the flightthrough a different location. British Airways are now offering full refunds but because I booked through a travel agent I have to go through them. BA have made a note on my account that the refund is approved and have told me to tell the Travel Agent to get in touch with them to finalise the refund. The problem is, I don't think the Travel Agent are doing as I have asked. I rang them two days ago and asked them to cancel. I rang again yesterday morning and they said I should receive a confirmation e mail within two hours. This never arrived so I rang again this morning and they said they need to contact BA which another Sales Assistant claimed they already have. This makes me think no one has contacted BA at all.

I rang BA again to see if a cancellation request had been received and they said they hadn't received anything and the booking was still live.

So what do I do now. How do I compel the Agency to cancel my flight as requested and give me a full refund?

legal_magpie

If the travel agent is local, go in and see them. If not, write to them (e mail would do) setting out exactly what you have said here and seeking written confirmation that they have carried out your instructions. If you still get no joy, escalate it to a formal complaint.

goks

My flight to the uk by BA was delay for more 3 hours in november 2019 and arrived at the uk more than 3 hours from the original scheduled time. The delayed arrival caused me to miss my booked Coach from the heathrow airport to birmingham. The airline have finally accepted that i am eligible for compensation but would not paid me back for the cost to rebook my missed coach. BA claim that they are not liable for this.

Please can anyone confirm if this is right that i am not eligible for compensation for my rebooked coach.

Justice13075

They are correct, their duty is to get you back to the arrival airport which they have done. I am sure your compensation will make up for the cost of getting back to Birmingham.

goks

Thanks for your comment. I believe compensation for my cost to rebook my missed coach which was as a result of delayed arrival of my flight is a reasonable claim. I was left out-of-pocket due to high cost in rebooking my coach on the same day. I don't think i should be left to bear the cost for that solely.