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Flight delay and cancellation compensation, BA ONLY
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Bumped to keep it above flotsam and clutter...If you're new. read The FAQ and Vauban's Guide
The alleged Ringleader.........0 -
Hi all,
New to this forum and have had a brief look through but not 100% clear on my question.
Put in a claim to BA the other day for 22 hr delay to Singapore. Plane got to start end of runway and just before going flaps failed on one wing. They tried hard to fix but in the end had to stop and try the next day.
Sent an e-mail to BA who replied very quickly but just gave me 6000 miles and apology.
The bit I am struggling with is if this is BAs fault or out of their control?
Apologies if this is wrong thread, have just spent a while checking and found at least two, plus more general options.
Cheers0 -
Put in a claim to BA the other day for 22 hr delay to Singapore. Plane got to start end of runway and just before going flaps failed on one wing. They tried hard to fix but in the end had to stop and try the next day.
Sent an e-mail to BA who replied very quickly but just gave me 6000 miles and apology.
The bit I am struggling with is if this is BAs fault or out of their control?
I think BA's aircraft can reasonably be regarded as being within BA's control so I would say you are entitled to compensation.
Read the advice kindly given above by 111KAB for your next steps.0 -
Hi There,
I have done some reading since my previous post regarding our flight cancellation from Palma to London City in October. This was basically due to a "knock on" effect of the incoming flight having been cancelled due to bad weather in London and hence there was no aircraft available for our flight. The weather was fine in Palma with flights departing for London by other airlines at the time. As far as I understand EC's would have applied to the incoming flight but NOT to our flight.
I contacted BA via their online form and received an initial refusal claiming EC's. I responded politely and articulately asking them to reconsider my legitimate claim and quoting Finnair Oyj v Timy Lassoy Case C-22/11 (which they conveniently ignored).
Had a further refusal today, extract:
As previously advised, your flight was cancelled due to adverse weather conditions in London. This caused the BA8483 on 7 October 2013 to be cancelled, and as this aircraft was due to operate the BA8484, the cancellation was unavoidable on this occasion. I can assure you that we make every reasonable effort to avoid cancellations, but in these circumstances and under EU legislation, British Airways is not liable for a compensation payment when the cancellation is due to weather.
Now I will have to pursue it through the court system so I just wanted some reassurance that I am not going crazy and that they have even acknowledged that it was a knock on effect.... Which DOES NOT COUNT AS AN EXCEPTIONAL CIRCUMSTANCE!!!!
My queries are:
A) Will I be ok to pursue this for both myself and my husband (in one claim) via MCOL and should this be my next course of action? I had already sent them a NOA on 17th November prior to this most recent refusal.What address do I use for BA to serve the claim against? The Sudbury PO Box?
I am not a lawyer and would rather do this myself to feel some sort of David v Goliath achievement..... due to all the knowledge/advice available on this site I think I can do it..... Can I?
Cheers in advance x0 -
Musicology wrote: »
A) Will I be ok to pursue this for both myself and my husband (in one claim) via MCOL and should this be my next course of action? I had already sent them a NOA on 17th November prior to this most recent refusal.
Yes and yes. You gave them notice that you would bring a claim if they didn't pay you compensation. As I understand it, MCOL can handle two (adult) claimants on one claim.Musicology wrote: »What address do I use for BA to serve the claim against? The Sudbury PO Box?
This:
http://www.britishairways.com/careers/contact_us.shtml
gives a Head Office address in Harmondsworth.Musicology wrote: »I am not a lawyer and would rather do this myself to feel some sort of David v Goliath achievement..... due to all the knowledge/advice available on this site I think I can do it..... Can I?
Yes you can and there's plenty of support on here but you have to do your research first.
Interestingly I found this:
http://www.britishairways.com/travel/euclaimnor/public/en_gb- Flight Cancellation and Long Delays: Notification of Rights under EC Regulation No 261/2004 (as required by Article 14.2)
British Airways, its subsidiaries and franchisees make every effort to operate to their published schedules. There are occasions however, where it is not possible to do so and a flight may be delayed or cancelled. This notification informs you of your rights under EC Regulation No 261/2004 should this happen; it does not give you any additional contractual rights. This law is applicable to all passengers departing from an airport within the EU and to all passengers travelling into an EU Member State on an EU carrier unless they have received assistance in the country of departure. It is the operating carrier's responsibility to meet these requirements. This notification also explains how to claim compensation or a refund or reimbursement under this law in respect of a flight operated by British Airways Plc or a British Airways franchisee operating BA flights in or into Europe.
Makes you wonder why they are then ignoring the clear wording of Reg 261/2004:
"meteorological conditions incompatible with the operation of the flight concerned"
If you haven't seen it, CobyBenson's posting on the matter is here:
http://forums.moneysavingexpert.com/showpost.php?p=63892032&postcount=38610 -
Thanks so much David_e. And no I hadn't seen CodyBenson's post which fills me with confidence that there has been a further ruling in the UK in support of knock on effects NOT being EC's.
Such a shame as I do like BA but they have got me riled now and this is eventually going to cost them more than if they had just acknowledged that I had a legitimate claim!
Thanks again and I will be sure to update the forum with my success when it eventually comes x0 -
Musicology wrote: »Thanks again and I will be sure to update the forum with my success when it eventually comes x
Good luck!0 -
Hi
I would like to ask for some advice please. I was delayed on a flight from Gatwick to Glasgow in August 2013. The total delay was 3 hrs 55 mins. The initial delay was due to thunderstorms, all flights from Gatwick were grounded for 35 mins. The subsequent delay was due to a defective radar on the plane. My interpretation of this is that the delay due to weather was 35 mins and the delay due to a defective part was 3 hours 20 mins. Therefore I feel I am entitled to claim compensation.
I have now written 5 letters to BA. One initial claim, three letters to chase a response and a further letter in reply to the letter I eventually got claiming the delay was due to exceptional weather.
I fully expect another refusal letter from BA.
My question is; what do I do next and I need to take them to court, how do I do this?
Thanks0
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