Flight delay and cancellation compensation, BA ONLY

DIYGirlz

By way of interest, has anyone experienced difficulties in getting expenses reimbursed following a cancelled flight, specifically taxi fares if your new flight departs from another airport. BA has informed me that they impose a cap of £50 for taxis. My fare was £185 between Heathrow and Gatwick ! I can see no publication of any such cap. Also ground staff assured me that my transport costs would be refunded in full. I believe BA is in contravention of EU 261/2004 Article 9. Anyone have experience of this?

Guitar108

Hi,

I am helping my parents with a compensation claim from BA as there flight was delayed.

Here is the letter that was sent to BA on 25th July 2013 :

British Airways EU Compensation Claims
PO Box 5619
Sudbury
Suffolk
CO10 2PG

25th July 2013


Dear Sir/Madam

I am writing regarding flight BA 1405 on 30/11/2012 from Manchester Airport to Mumbai Airport, India with the scheduled departure time 18:55.

My booking reference is 5OBCUB. The connecting flight from Manchester Airport, UK to London Heathrow Airport, UK was delayed resulting in missing the BA 199 flight to Mumbai Airport, India. This resulted in BA rebooking us on a Jet Airways flight the following morning causing a delay of approximately 11 hours before arrival late in at Mumbai Airport, India.

The passengers in the party were :

xxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxx

The judgment of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

My scheduled flight length was 7345km, therefore I am seeking €600 per delayed passenger in my party. The total compensation sought is €1200.

I look forward to hearing from you and would welcome a response in 14 days.



They received a reply dated 03 september 2013 as follows from BA :

Dear Mr xxxxxx

Thank you for contacting us.

Your claim for compensation has been refused because flight BA1405 on 30 November 2012 was delayed due to adverse weather conditions at Manchester Airport, which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation.

I have talked to my parents regarding the weather and they do not recall any adverse weather at the time of departure from Manchester Airport.

I would appreciate any advice as how to proceed with this matter.

Vauban

Guitar: If you look at the stats for flights leaving Manchester airport between 5-6pm on that day you will see that only one of the thirty listed arrived on time - almost all were delayed by about an hour. So clearly something was up which affected all flights, and I think it is most likely to have been weather disruption.

Caz3121

from flightstats it does look like every flight departing Manchester around that time was delayed so it does sound like this would have been weather or ATC (no flights managed to leave on schedule) for flights scheduled to leave between 6pm and 7pm, 8 departed over an hour late and of the other 3 flights during that hour (between 6pm and 10 past) 2 were about half an hour late and the other does not have any information.

Guitar108

Thanks for the quick replies ...

It appears then there was no grounds for a claim ... I was relying on my parents recall of the events.

Your help is much appreciated.

paddcomp

I flew MAN-LHR-RUH on the 23rd Sept 2013, so last week. The Manchester flight went technical delaying it and causing us to missing the connecting flight. BA rebooked us onto another available flight, but this was still 8 hours later arriving at our destination than planned.

I telephone the BA Executive Club help line on 27th Sept, chap on the phone very helpful. Credited my missed AVIOS points straight away, and gave me his email address for submitting a claim for compensation.

Received an email yesterday 2nd Oct asking for my bank details to pay me £504.

I realised that a similar thing happened 3 years ago with BA so I've emailed him another claim.

I have a BA Exec Club Gold card, so maybe that helps, but this does seem easy. Especially as it was a work flight.

somerset_fox

A success for the little person. Partner and I were delayed for 24 hours in May 2012 flying out of Miami. Claimed on insurance and got the paltry payout. (£60 I think as 10 mins short of 24 hours timescale). Saw this thread this year so sent in a nice and polite proforma letter as suggested earlier. Today, my partner and I both got letters saying that we were now due cheques for 600 euros (£507) each. Thank you Martin Lewis forum :money:

Enigmatic_Me

Hi there

Followed Martin's guide and fired off a letter to BMI Regional last week re a flight cancellation last Friday from MAN to ABZ.

We were due to leave MAN at 16.50. At the gate we were advised there was a technical prob and further update would be at 17.30. Next thing is flight cancelled and the 19 pax were rebooked on the 20.20 MAN-ABZ.

The 20.20 was late coming in and eventually we boarded and ready for departure at 20.45 when being pushed back from the gate something on the tow truck snapped which caused a massive bang and jolt, needless to say we had to then go back to the gate for an engineer to check there was no damage to this plane. We eventually took off at 21.21 and arrived back in ABZ 4.5 hours later than we should have.

Received a reply from BMI which reads "The current BMI policy drawn up from the EU legislation that came into effect on 17th Feb 2005. This states that passengers whose flights are disrupted due to extraordinary circumstances are not entitled to compensation"

The cynic in me (and other pax that were due to fly on the canx 16.50) is that they cancelled this due to low numbers however nobody has any proof of that.

The Captain on the 20.20 flight did apologise to us pax from the canx earlier flight and said there had been a technical problem with the plane which could not be fixed so they had to get another plane from Aberdeen (tell me when do they have spare planes in Aberdeen)!! Now when this 20.20 plane did get to the gate pax did get off so not exactly a "spare" plane me thinks!

Anyway, do you think it is worth taking to the next stage in Martin's Guide ie the CAA

Thanks

JPears

sugarbabe61 wrote: »

Hi there

Followed Martin's guide and fired off a letter to BMI Regional last week re a flight cancellation last Friday from MAN to ABZ.

We were due to leave MAN at 16.50. At the gate we were advised there was a technical prob and further update would be at 17.30. Next thing is flight cancelled and the 19 pax were rebooked on the 20.20 MAN-ABZ.

The 20.20 was late coming in and eventually we boarded and ready for departure at 20.45 when being pushed back from the gate something on the tow truck snapped which caused a massive bang and jolt, needless to say we had to then go back to the gate for an engineer to check there was no damage to this plane. We eventually took off at 21.21 and arrived back in ABZ 4.5 hours later than we should have.

Received a reply from BMI which reads "The current BMI policy drawn up from the EU legislation that came into effect on 17th Feb 2005. This states that passengers whose flights are disrupted due to extraordinary circumstances are not entitled to compensation"

The cynic in me (and other pax that were due to fly on the canx 16.50) is that they cancelled this due to low numbers however nobody has any proof of that.

The Captain on the 20.20 flight did apologise to us pax from the canx earlier flight and said there had been a technical problem with the plane which could not be fixed so they had to get another plane from Aberdeen (tell me when do they have spare planes in Aberdeen)!! Now when this 20.20 plane did get to the gate pax did get off so not exactly a "spare" plane me thinks!

Anyway, do you think it is worth taking to the next stage in Martin's Guide ie the CAA

Thanks

Do you really need an aswer. Of course you should proceed with claim. Tech fault is not an EC and you were cancelled at short notice.

JonHeath

Hi all,

I'm posting on behalf of my parents. I've read through the information but I'm unsure if their case is grounds for compensation or not.

They were due to get flight BA0108 on 26/05/2012 departing 09:35 from Dubai to Heathrow.

However this flight was cancelled the day before. My parents didn't find out until around 22:15 the day before. The advise on the email from BA was to ring a number but they decided instead to throw their stuff into cases and get a taxi straight to the airport. They then managed to get on flight BA106 instead which left on 26/05/2012 at 01:55. So this left over 7 hours before their original flight was supposed to leave.

Obviously this left them inconvenienced by not using the last night of their holiday. Do they have a case for compensation or has the quick thinking cost them?

Thanks
Jon

P.S. They don't know the reason the original flight was cancelled.