Flight delay and cancellation compensation, BA ONLY

jimi_man

mrnomoneybags said:

eskbanker said:

mrnomoneybags said:

Anybody had BA deny a claim based on bad weather (fog) and flights 10 minutes before and 35 minutes after from other airlines landed fine? and the weather report says no fog?

I've pushed back and send links for the weather and arrivals data.

Were they asserting that it was specifically weather conditions at the destination airport that were the issue?  Weather conditions can affect flights in many ways, including anywhere in between departure and arrival airports, but also in reducing the number of available takeoff and/or landing slots, so other flights operating isn't the smoking gun that some see it as.

They have specifically said fog at the destination airport.

The same reasoning applies. If there is reduced visibility then the amount of slots are reduced also. Most modern aircraft, depending on the airport, can land in zero visibility (Though they won’t since taxying becomes very difficult). However all reduced visibility conditions slow the operation down, bigger gaps between aircraft mean reduced flow and thus slots which obviously means delays and cancellations. 

spiralshape

spiralshape said:

spiralshape said:

TL;DR: BA cancelled our London-Basel flight the very morning that we were at Heathrow, told us they could fly us to Milan instead and refund our transfer to Basel if we arranged it ourselves, and now claim they don't have to pay those costs at all.

https://forums.moneysavingexpert.com/discussion/comment/80986420/#Comment_80986420

Update

...Apart from their original reply over eight weeks ago claiming they were only legally responsible for the cost of the flight and not the transfer, they've refused to engage in any way regarding the transfer costs. I guess there's little point raising it again, so instead I take it to CEDR?

I submitted my case to the CEDR on the 14th and they accepted it on the 27th. Today (two days later) BA have offered a settlement of 75% (of ~£580). I'm minded not to accept it on principle, having got the impression the whole way through that they've been trying to get out of paying what they know they owe, but is that me being foolish at this stage?

Delboy19

Apologies if a similar query has been answered in the previous 273 pages.

Our family had a flight from Nice to LHR in July this year that was delayed making us miss our subsequent connecting flight to Glasgow. We received an email from BA that day saying -

 "Please be advised that your flight may be delayed today because of Air Traffic Control restrictions across Europe. This is due to adverse weather conditions. 

If you have a connecting flight as part of the same ticket and there’s a chance you may miss your connection, we'll automatically rebook your onward journey"

We did miss our connecting flight and received accommodation/travel/food etc for a hotel at Gatwick and were booked on a flight to Edinburgh the next evening.

Also, it was pretty clear on arriving at Nice airport that there was an issue with other flights to Heathrow (departing before our flight) as they were being cancelled at the last minute. If I was reading between the lines, they were getting everyone on the one or two flights instead of the scheduled 3.

To caveat all of the above, in our original booking we had a much earlier flight from NCE to LHR to allow for delays etc but this got cancelled about two weeks prior to our departure and we had to book a later flight as that was the only option available. 

With the missed flight, this impacted my wife who is self employed and myself who had to take an extra holiday but as far as I am aware this is a moot point?

Thanks anyone who can offer any guidance/advice on the above and hope it makes a semblance of sense!

eskbanker

Delboy19 said:

With the missed flight, this impacted my wife who is self employed and myself who had to take an extra holiday but as far as I am aware this is a moot point?

If your query is whether the airline can be expected to reimburse such consequential costs, then it's a 'no', they don't have any regulatory obligation to do so.

Delboy19

eskbanker said:

Delboy19 said:

With the missed flight, this impacted my wife who is self employed and myself who had to take an extra holiday but as far as I am aware this is a moot point?

If your query is whether the airline can be expected to reimburse such consequential costs, then it's a 'no', they don't have any regulatory obligation to do so.

Hi Eskbanker

yes, i thought as much on that front. I guess my only outstanding query is am I entitled to any compensation with my flight being delayed and missing the subsequent flight by 20+ hours? The NCE-LHR flight was only late arrival by approx 1hour, but enough for us to miss our GLA flight (which took off/landed as scheduled) i.e. can you claim for missing flights that were part of the one booking?

Thanks!

eskbanker

Delboy19 said:

eskbanker said:

Delboy19 said:

With the missed flight, this impacted my wife who is self employed and myself who had to take an extra holiday but as far as I am aware this is a moot point?

If your query is whether the airline can be expected to reimburse such consequential costs, then it's a 'no', they don't have any regulatory obligation to do so.

Hi Eskbanker

yes, i thought as much on that front. I guess my only outstanding query is am I entitled to any compensation with my flight being delayed and missing the subsequent flight by 20+ hours? The NCE-LHR flight was only late arrival by approx 1hour, but enough for us to miss our GLA flight (which took off/landed as scheduled) i.e. can you claim for missing flights that were part of the one booking?

Thanks!

The good news is that delay and cancellation compensation is based on the end to end journey from start of first flight to end of last one, when booked as connecting flights on a single ticket.

The bad news is that if BA have cited air traffic control restrictions and/or weather conditions as the reason(s) for the delay, this will count as extraordinary circumstances beyond their control, which excuses them from having to pay compensation....

Delboy19

eskbanker said:

Delboy19 said:

eskbanker said:

Delboy19 said:

With the missed flight, this impacted my wife who is self employed and myself who had to take an extra holiday but as far as I am aware this is a moot point?

If your query is whether the airline can be expected to reimburse such consequential costs, then it's a 'no', they don't have any regulatory obligation to do so.

Hi Eskbanker

yes, i thought as much on that front. I guess my only outstanding query is am I entitled to any compensation with my flight being delayed and missing the subsequent flight by 20+ hours? The NCE-LHR flight was only late arrival by approx 1hour, but enough for us to miss our GLA flight (which took off/landed as scheduled) i.e. can you claim for missing flights that were part of the one booking?

Thanks!

The good news is that delay and cancellation compensation is based on the end to end journey from start of first flight to end of last one, when booked as connecting flights on a single ticket.

The bad news is that if BA have cited air traffic control restrictions and/or weather conditions as the reason(s) for the delay, this will count as extraordinary circumstances beyond their control, which excuses them from having to pay compensation....

Thanks Eskbanker, appreciate the information!

silvercar

spiralshape said:

spiralshape said:

spiralshape said:

TL;DR: BA cancelled our London-Basel flight the very morning that we were at Heathrow, told us they could fly us to Milan instead and refund our transfer to Basel if we arranged it ourselves, and now claim they don't have to pay those costs at all.

https://forums.moneysavingexpert.com/discussion/comment/80986420/#Comment_80986420

Update

...Apart from their original reply over eight weeks ago claiming they were only legally responsible for the cost of the flight and not the transfer, they've refused to engage in any way regarding the transfer costs. I guess there's little point raising it again, so instead I take it to CEDR?

I submitted my case to the CEDR on the 14th and they accepted it on the 27th. Today (two days later) BA have offered a settlement of 75% (of ~£580). I'm minded not to accept it on principle, having got the impression the whole way through that they've been trying to get out of paying what they know they owe, but is that me being foolish at this stage?

They accepted your case or decided in your favour?

If they have decided in your favour, why would you accept only 75%. Either BA's timing is unfortunate or they are trying it on. The only reason to accept less than 100% is if they offered you avios that were more lucrative to you.

spiralshape

silvercar said:

They accepted your case or decided in your favour?

If they have decided in your favour, why would you accept only 75%. Either BA's timing is unfortunate or they are trying it on. The only reason to accept less than 100% is if they offered you avios that were more lucrative to you.

CEDR said they had "completed the initial assessment and concluded that this application falls within the scope of the Scheme Rules." I took that to mean that they accepted that there was a case for BA to answer, rather than declaring that BA did owe me the full amount. CEDR stated that BA would either (a) settle via the platform in full or part, (b) object on grounds of eligibility, (c) submit a written defence in response.

BA's offer came through the CEDR. Without pasting the whole thing, they've said "In order to bring this matter to an amicable conclusion and save parties further inconvenience, we would like to make you an offer of a settlement...if you choose to reject the settlement offer, we can continue to defend the claim...if the matter is assigned to an adjudicator, the adjudicator may reject your claim, or award you more or less than what we have offered."

It was made a day and a half after the CEDR completed the initial assessment. No other communication, no information explaining why they don't think that they should pay the full amount.

spiralshape

Just to put this one to bed, on the deadline of accepting or rejecting the 75% offer I opted for accept to draw a line under the thing. After taking into account the compensation, we weren't out of pocket as a result of the delay (including things like the hotel that we couldn't cancel in time and the onward taxi from Basel) and that was the main thing above all. The holiday itself didn't suffer in the end even if the beginning was a lot more stressful than it needed to be, and it didn't seem worth having to occupy any Christmas time chasing the last bit and possibly having to argue about the first-class aspect. So I figured if BA are the type of airline who'd rather leave a bad taste in the mouth and a couple of customers highly dissatisfied for the sake of saving 140 quid then good luck to them.

Thanks again for the help given here.