Flight delay and cancellation compensation, BA ONLY

David_e

Weebabes wrote: »

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?
Thanks

All the advice you need is contained in the FAQs and threads. You'll find your answer and lots of other useful information. You could also search for for "weather" on the forum.

builttoride

Hello, I recently was traveling from Edinburgh-Heathrow-Hongkong-Taipei for work, and the flight from Edinburgh-Heathrow was delayed then cancelled. As a result I missed connections and ended up having to wait 24 hours for the same flight the next day, which resulted in exactly a 24 hour delay for arrival in Taipei resulting in me missing several important meetings.

I made my claim in writing to BA using the very useful template found on this site. Today I receieved the following response.

'... Your claim for compensation has been refused because BA1459 on 11 November 2013 was cancelled due to an unexpected technical fault, which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation. This fault has been classed as an unexpected flight safety shortcoming. This occurs when necessary or required aircraft systems fail either immediately prior to departure, or in-flight where those systems had been maintained in accordance with the required maintenance programme.
Unfortunately airline operations are subject to circumstances outside the airline's control. British Airways takes all reasonable measures to avoid cancelling a flight in such circumstances. Consideration is given to whether there are any operational options available before a decision to cancel is made. We are sorry that the cancellation was necessary in this case...'


The explaination I was given at the airport for the cancelled flight was that delays had occured earlier that day which had caused knock on delays reuslting in my flight being delayed and eventually cancelled.



If you were in my shoes, how would you proceed? To me it seems like they are just trying to palm me off with a standard response.


I really appreciate any help or advice you could offer.


Thanks!

111KAB

builttoride wrote: »

If you were in my shoes, how would you proceed?
I really appreciate any help or advice you could offer.

After reading through this thread (advice 1) you have 4 alternatives ....


a) write back to BA quoting the 'law' to show them you mean business,
b) issue an NBA and give them 14 days notice of court action - mean it!
c) appoint a no win no fee firm or
d) walk away and forget it.

martin1372

BA Glasgow to London delay this morning My wife our 2 children and my daughter friend were due to fly from Glasgow to Gatwick this morning. Flight BA2953. Got to the airport to be told flight delayed by 5hours (due to arrive Gatwick 13:47 instead of 08:55). The reason given was that the crew needed rest time.
However were switched onto flight BA1477 which arrived at Heathrow 11.07. I think they are entitled to compensation but it is unclear on the BA forum. Taken from the BA guide.
The Reduced Amount (50% reduction) applies if BA re-routes you on another service that gets you to your destination, but under the 2 / 3 / 4 hour delays mentioned above. If you are NOT rerouted AND your delay is below the number of hours shown above, you are not eligible for compensation under EU261. See section 5 on categories and section 7 for the separate arrangements for downgrades and finally Post 3 below has more detailed information on this area. In some cases BA will hand over a pre-paid debit card, holding this money - you need to check whether acceptance of this card is for goodwill, towards meeting their EU261 responsibilities or both.

I have just been to court with Thomas Cook and won so I have a bit of knowledge but unsure on this one and advise needed.

skman50

Hearing adjourned due to Judge not being clear in own mind and will return telephone verdict later in New Year. No further submissions allowed.
Claim was for flight LGW/TPA 26 Jul. Rerouted via VS flight to MCO and a BA paidfor car direct to a hotel 15 mins away from TPA. Due to arrive TPA on original flight 1640 and arrived at hotel 2200hrs disputed by BA to 2100hrs. Delay claimed by EC which was a birdstrike on a flight 2 flights previous arriving into MCO which would then have gone to LGW to operate or flight.

Two defences still to be decided upon.
1. Defence barrister claimed time should be deducted for Immigration. (Hand baggage only so no delay there).
2. Defence then came up during hearing (not in any defence documents) that as we were rerouted to MCO the Final destination per 261/2004 should be MCO not Clearwater hotel nor TPA. That would mean a delay of only 25 mins from original TPA flight and a claim soley against VS if that had been delayed which it wasn't anyway.

I thought this was bonkers personally, but Judge unclear on wording meaning of Articles 7/8 together.

If verdict is against me I can claim that it is wrong at that time.

Any thoughts or previous cases involving rerouting and change in Final destination from TPA/Hotel to MCO from the big guns who know most on here and whose posts on here have been helpful for me to read during 2013?

skman50

Centipede100 wrote: »

Final destination according to the Reg is the originally booked airport i.e. TPA. For compensation not to be paid you would have had to arrive in or around TPA before 19.40 (3 hours late from original schedule). Since it is clear that you arrived in or around 2100-2200 in TPA then the full 600 euros per passenger is payable.

"Final destination" is explicitly defined in Article 2 of the Reg:

(h) "final destination" means the destination on the ticket presented at the check-in counter or, in the case of directly connecting flights, the destination of the last flight; alternative connecting flights available shall not be taken into account if the original planned arrival time is respected;

As for the defence claiming time should be deducted for immigration then I don't see this mentioned anywhere in the Reg or case law on the subject.

If delay was due to birdstrike 2 flights prior then the airline has clearly not taken all reasonable measures as LGW is one of its 2 main operating bases.

If you don't get a judgment due to the judge being confused regarding the final destination arrival time I would encourage you to appeal but it also does depend on what other facts he finds in the written judgment.

Thank you,
These points are exactly what I argued but Judge found it all a bit confusing I think. She even queried my assertion about BA ability at LGW.

I thought I was ok but it just shows how these cases can be argued by a trained barrister who can pounce on a Judge's uncertainty.
Happy Hols (unless you have to work in which case Happy toils).

CobyBenson

Can you give some more information?

1) Did you land at TPA?
2) Why did you get re-routed on a VS flight?
3) Where was the VS flight operated from and to?

I think your final destination is TPA, because that would have been the 'destination on the ticket presented at the check-in counter', as per Article 2(h).

skman50

CobyBenson wrote: »

Can you give some more information?

1) Did you land at TPA?
2) Why did you get re-routed on a VS flight?
3) Where was the VS flight operated from and to?

I think your final destination is TPA, because that would have been the 'destination on the ticket presented at the check-in counter', as per Article 2(h).

Landed at MCO. Offered various options for reroute and VS flight to MCO was offered with onward car transportation at other end which was not received on arrival at MCO hence delay there initially but was then offered car service to Clearwater Hotel.
VS LGW/MCO.

Their barrister argued that "Final destination" then changed to MCO when we accepted reroute which seems perverse to me.

martin1372

Thanks for that. BA did offer free transport from Heathrow to Gatwick. They were travelling with hand luggage only. Could they argue that they would have reached Gatwick by 11.55am?

Centipede100 wrote: »

The final destination was LGW not LHR so unless BA can prove that your wife and her party was able to get from LHR to LGW by 11.55am having collected their luggage then the airline owes each of them 250 euros.

Vauban

martin1372 wrote: »

Thanks for that. BA did offer free transport from Heathrow to Gatwick. They were travelling with hand luggage only. Could they argue that they would have reached Gatwick by 11.55am?

Google reckons it's a minimum of 42 mins, but it would clearly take you at least 20 mins to navigate your way through the intermediary airport (Heathrow). So it doesn't seem to me that BA could argue credibly that you could have made it to Gatwick less than 3 hours late.