Flight delay and cancellation compensation, BA ONLY

makeshiftuk

Hello everyone,

I am about to initiate my claim against BA for a delayed honeymoon flight in December 2010. The flight was 8510km (LGW to MLE), and the delay was 197 minutes, due to a technical fault, and I have the relevant paperwork.

Having read as much as I can digest from the FAQs here, threads and posts, and the flyer talk BA thread, I will be initiating my claim with the standard CAA letter template. Hopefully they will reply to this, but if not I understand that re-sending letters and using emails to chase up the claim will help the process along, before threatening with an LBA/NBA (naturally giving them adequate time to reply).

Can I check with the given details above that the compensation entitled to me is €300 per person, due to falling in the 3-4 hour category, as the MSE forum thread stipulates?

Or is it €600 per person,as per the BA website's compensation section outlines, which only seems to categorise delays in terms of distance travelled, provided the delays are 3 hours or more?

Naturally, I wish to check in advance to make the correct claim amount is pursued, avoiding the possibility of un-necessary strewn out process and of course, coming across as a fool (too late...).

Thanks

makeshiftuk

makeshiftuk wrote: »

Hello everyone,

I am about to initiate my claim against BA for a delayed honeymoon flight in December 2010. The flight was 8510km (LGW to MLE), and the delay was 197 minutes, due to a technical fault, and I have the relevant paperwork.

Furthermore, do I need to detail the reason of the delay - the CAA template doesn't seem to detail the need for it? We had a lot of bad snow in December 2010, and with the knowledge that the delay was a technical fault, perhaps its worth me including a sentence suggesting that the delay was due to a technical fault, as opposed to BA replying with bad weather as an excuse?

Lemonfinger

Hi all,

I was hoping someone who had claimed successfully against BA could advise me.

My flight on 26/10/11 was delayed by 4hrs 7mins Dubrovnik-London (Gatwick) as a result of what I believe at the time they said was 'technical problems'. My partner and I incurred costs from missing an ongoing flight which I know they won't cover (different airline) but which put us in a bit of a financial hole at the time so I would like to think we could get some compensation now.

I've e-mailed them twice and recieved an offer of £100 evoucher but they have also said:

'The compensation we offer depends upon the class of travel, the problem you have and the route you travel. I would like to inform you that we do offer compensation to the passengers if we feel we failed to handle the disruptions to our flights effectively. That means how we handled the information and whether we helped our customers to make alternative arrangements to complete their journeys, etc.

So based on everything you told us, our position hasn't changed. While I appreciate your reasons for asking, I'm afraid we cannot increase our offer to you. I am sorry to have to disappoint you.

For the specific concerns you have raised about your claim under EU, please follow up your complaint under the case reference number 9455774.'

I used the template letter the second time I wrote to them (and was specific about wanting compensation etc) so I am confused - are they suggesting I complain again? Has anyone else had this kind of response?

Should I write again and ask them to be specific why the flight isn't covered under the EU legislation or should I write directly to the Croatian Civil Aviation Agency?

Many thanks for any advice you can give!

JeannieMac

I booked for our whole family to travel BHX/BCN in December 2006 for the following May holiday. It was at the time booked via Iberia on a code share. A few days prior to departure I rang over a routine matter only to find to my horror that the whole flights had been cancelled some months prior and I did not receive any notification. I then spent two days trying to reroute us from Heathrow, this necessitated taking two cars, booking car parking for two cars and extremely long journeys with three young children. It caused untold stress on all of us.
I first started a claim with BA in February. They replied asking me to complete forms for 7 of the party but that my son's partner had to cmake her own claim. This we duly did.
In April I received a refusal because they said this flight was operated by Iberia.They also refused my son's partner.
I then found some confirmations clearly stating the flight was operated by BA. I wrote again 9th May and chased again 30th June.
They replied 29th July now telling me that the flights (which did not fly!) were operated by BA Connect which was subsequently purchased by Flybe and that I should contact Flybe. I believe that as it was owned by BA at the time, they should be compensating us.
Any advice anyone?

111KAB

JeannieMac wrote: »

I booked for our whole family to travel BHX/BCN in December 2006 for the following May holiday.
Any advice anyone?

If your flights were in May 2007 you are now out of date to claim.
Looks like they have strung you along to take your claim over the 6 year threshold.

Vauban

JeannieMac wrote: »

I booked for our whole family to travel BHX/BCN in December 2006 for the following May holiday. It was at the time booked via Iberia on a code share. A few days prior to departure I rang over a routine matter only to find to my horror that the whole flights had been cancelled some months prior and I did not receive any notification. I then spent two days trying to reroute us from Heathrow, this necessitated taking two cars, booking car parking for two cars and extremely long journeys with three young children. It caused untold stress on all of us.
I first started a claim with BA in February. They replied asking me to complete forms for 7 of the party but that my son's partner had to cmake her own claim. This we duly did.
In April I received a refusal because they said this flight was operated by Iberia.They also refused my son's partner.
I then found some confirmations clearly stating the flight was operated by BA. I wrote again 9th May and chased again 30th June.
They replied 29th July now telling me that the flights (which did not fly!) were operated by BA Connect which was subsequently purchased by Flybe and that I should contact Flybe. I believe that as it was owned by BA at the time, they should be compensating us.
Any advice anyone?

If the flight was in December 2006 then you are out of time to claim. Though the regulation allows you to claim back to 2005, if the airline refuses you have no recourse to law - which has a six years limitation. Knowing this, no airline is going to pay out when it doesn't have to. Sorry.

JeannieMac

The flights were booked in 2006 for May 2007 and my claim was lodged before the 6 year deadline. They have strung me along, but I believe that if the claim was initiated in time, it is still valid.
However, if I start a fresh claim with FLYbe they could make that claim so I think I will just send the whole lot to the CAA.
I have looked up news items about the takeover by Flybe in March 2007 and BA stated that they would notify and reroute all those affected by cancelled flights. this they never did for us.

111KAB

JeannieMac wrote: »

The flights were booked in 2006 for May 2007 and my claim was lodged before the 6 year deadline. They have strung me along, but I believe that if the claim was initiated in time, it is still valid.
However, if I start a fresh claim with FLYbe they could make that claim so I think I will just send the whole lot to the CAA.
I have looked up news items about the takeover by Flybe in March 2007 and BA stated that they would notify and reroute all those affected by cancelled flights. this they never did for us.

Your claim to the airline was lodged before the 6 year deadline HOWEVER the 6 year limit applies to court claims so your claim is not valid. The CAA will not be interested - seriously forget it completely.

Vauban

JeannieMac wrote: »

The flights were booked in 2006 for May 2007 and my claim was lodged before the 6 year deadline. They have strung me along, but I believe that if the claim was initiated in time, it is still valid.
However, if I start a fresh claim with FLYbe they could make that claim so I think I will just send the whole lot to the CAA.
I have looked up news items about the takeover by Flybe in March 2007 and BA stated that they would notify and reroute all those affected by cancelled flights. this they never did for us.

The 6 year deadline is for starting court action. Which you haven't done. So you are out of time to do so. (The fact that you been writing letters to the airline for months is neither here nor there.)

balletgirls

blondmark wrote: »

On the facts, BA would appear to be liable for the delay. Its employee was doing what he was authorised to do in an unauthorised way, i.e. he engaged in a criminal act of causing criminal damage to a mobile phone without lawful justification. On this analysis, a delay which is self-inflicted comes nowhere near the definition of 'extraordinary circumstances', leaving the airline liable for the delay it caused by its misguided action.

Delighted to say that BA have paid out compensation. This followed my contact with the CAA. There was no explanation for their decision but an apology was offered for having made the incorrect decision at the outset.