Flight delay and cancellation compensation, BA ONLY

richardw

Perhaps they borrowed your aircraft to operate http://www.thebasource.com/british-airways-b787-8-g-zbjc-operates-delayed-toronto-service/

Any way, read the FAQs at the start of this thread and contact BA.

dsp007

Having entered my details into one of the claim company sites,they advised that they had checked out the cancelled flight and BA were quoting "Extra Ordinary Circumstances" for the cancellation and therefore I would not be due any compensation.

111KAB

dsp007 wrote: »

....... BA were quoting "Extra Ordinary Circumstances" for the cancellation and therefore I would not be due any compensation.

Presume you do not believe the BA lie/misinformation

Also interested to know the claim firm that appears to 'side' with the airline.

dsp007

They could not claim the weather as other flights were departing by the minute

bw67958

zackary71 wrote: »

If you're claiming EU compensation, you need to reply and specifically state that ie (EC) 261/2004, as the response you've received is a standard response to a general compensation/dissatisfaction claim.

Hi thanks for the repsonse, I have since received a reply from BA:

"
Thank you for contacting us.

Your claim for compensation has been refused because flight BA1389 on 23 September 2013 was delayed due to unexpected flight safety shortcomings, which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation.

During our final safety checks, we noticed a fault with the brake system. As the brake system had been maintained in accordance with the manufacturers guidelines, this constitutes as extraordinary circumstances and could not have been avoided.



Unfortunately airline operations are subject to circumstances outside the airline's control. British Airways takes all reasonable measures to avoid delaying a flight in such circumstances. Consideration is given to whether there are any operational options available before a decision to delay is made. We are sorry that the delay was necessary in this case.

Thank you for following this up with us. I do hope we have the chance to welcome you on board again soon.


Best regards

Sahadev Mala
EU Compensation Claims"

Having read thorugh this forum it seems that the technical fault cannot be deemed as extraordinary circumstances and so I am now unsure of the next steps. Would I need to write a response highlighting the Wallentin-Hermann judgement or is ther something else I shoudl do? Apologies for asking a fairly dumb question but I am pretty useless at claiming for things!
Thanks

111KAB

bw67958 wrote: »

Having read thorugh this forum it seems that the technical fault cannot be deemed as extraordinary circumstances and so I am now unsure of the next steps. Would I need to write a response highlighting the Wallentin-Hermann judgement or is ther something else I shoudl do?

You have 4 alternatives .....

1) Prolong the dialogue and quote Wallentin and Huzar and see if they change their minds,
2) Issue NBA (14 day) then commence court claim,
3) Appoint a no win no fee firm or
4) Walk away.

dsp007

Having done a little more probing,it would appear that BA have a fleet of 3 787dreamliners which were all in flight at the time my flight was cancelled,this does not count as a "serviceability of the aircraft" problem,which is what the letter I received from BA quoted.

David_e

dsp007 wrote: »

Having done a little more probing,it would appear that BA have a fleet of 3 787dreamliners which were all in flight at the time my flight was cancelled,this does not count as a "serviceability of the aircraft" problem,which is what the letter I received from BA quoted.

I think you are probably right. I suppose the only possible excuse they might have is if your plane was the last to be repaired if, say, it needed a Boeing engineer who had to carry out the repairs in sequence. Seems unlikely.

homer2012

Thanks again Mark2spark - after your 'subtle' prompting letter quickly formulated and sent off recorded delivery and confirmed a timescale for response, so I will see how it goes at the first hurdle. Will post any developments to assist/inform others of my experience. All the Best.

shar40uk

chrisbowman61 wrote: »

Regarding the delayed Las Vegas flight around the 9th october in posts #393, #398 and #424 (the rudder problem) and the fact that BA claim the delay caused the crew to time out, surely the crew timing out is not extraordinary circumstances. did anyone get any further with their claims?
our flight actually left las at the correct time, although it had the passengers from the previous day on it !!

hi they claimed that the rudder problem was extraordinary circumstances and that las vegas immigration would be closed by the time we were transfered to a different aircraft not a crew time out. i am still unsure if this is extraordinary circumstances. i have read lots and lots of FQA and i am still non the wiser. Has anyone else had the same problems with claiming for the 8th oct delayed flight please??