Flight delay and cancellation compensation, BA ONLY

skman50

Vauban wrote: »

Oh dear ...

If the Monarch delay is technical defects, make sure you brandish Huzar prominently. And the Judge is inclined to stay until after Huzar is appealed, I would probably bank that!

Well it is a case of (they say) unknown 3rd party damage to a cargo door found during pre flight check for 10 Dec 2012 lgw/ssi. Cannot seem to find when G-OZBR flew before that though. Relying so far on 3rd party reimbursement mentioned in regulation and Coby's advice on Dutch courts not allowing them as EC's. Also Brittain case 04 Jun 2013.

CobyBenson

Previous flight for G-OZBR was ZB249 (SSH - LGW) on 9th December 2012.

skman50

Vauban wrote: »

Very sorry to hear this. It sounds like the problem was

a) that the birdstrike was considered extraordinary (and that is an arguable point);
b) that knock-ons are not explicitly ruled out - and Finnair was no good [a point that has been made before];
c) that the Judge did not apply the "all reasonable measures test" in Wallentin, which is very disappointing. It simply cannot be reasonable to justify a 24 hour delay in Gatwick due to a problem encountered previously - BA needs to have contingency plans in place.

I don't know whether the last point would enable you to appeal, if you were so inclined: perhaps PM CobyBenson.

But litigation is inherently uncertain - esp on the small claims track. And I think you were just unlucky with your judge.

Forgot to mention judge dismissed NEB list as not based on any EC case law so at least that point got through.

nimrod79

Hi,

I'm new here and wanted some advice on whether my flight delay claim against BA has any merit?

I booked a ticket from New Delhi (DEL) to Boston (BOS) via London Heathrow (LHR) on BA. These were supposed to be two different flights but on the same ticket under a single booking.

BA256 - DEL LHR
BA215 - LHR BOS

The flights were scheduled for 10 Nov 2013 and the scheduled departure and arrival was as follows

Departure DEL 11:10am
Arrival BOS 6:50pm

On reaching the DEL airport I was informed by the check-in staff that due to the late arrival of the incoming flight, my flight BA256 was delayed by 85 mins. Due to this delay I will not be able to catch my connecting flight BA215 from LHR and they issued me a boarding pass for the next available flight BA239.

On reaching LHR I found that even flight BA239 was further delayed due to a technical fault with the aircraft and will only arrive in BOS by 11:20pm.

I finally reached BOS at 11:27pm which is a total delay of 4 hours and 37 minutes.

Can I claim flight delay compensation under these circumstances and what are my chances?

I had filed a claim using the BA website around 1 Dec 2013 but haven't heard back from them yet. I'm considering sending them a snail mail letter with acknowledgement due to pursue this further.

Appreciate any advice that i can get from the members of this forum. Thanks

JPears

I would say yes. Your total delay to final destination was over 4 hours. Others will correct me if I am wrong.
Although they did well to keep it down to that for such a long trip.

Pinkprincess33

Hi all, just wanted some advice regarding claim we have made

Flight from Larnaca to London Heathrow on 16/12/2013 was delayed from 19:20 until 17/12/2013 20:00
Basically the plane was on the way to take off and the pilot said a light appeared in the !!!! pit and they needed to return to the stand. The announcements from the pilot were
1st after 30mins - "the engineers have now been on board and think they know the problem and have gone away to scratch their heads for a while"
2nd after another 30 mins - "the engineers now confirmed its a hydraulic switch that's the issue and have gone to look at the manual to see if we can swap them over and fly with just one"
3rd another 30 minutes "we are sooty but we will have to ask you to vacate the plane as we need to depower the plane for the engineers to remove the switch which they cannot do with the plane power due to the live wiggly bits around them"
Once in the airport a while we were informed by the captain "I've decided to knock it on the head for tonight due to the length of time that it will take to repair the switch and for health and safety of the cabin crew not exceeding number of hours"
After that we were told you will now be flying at 11.45am and to listen for announcements regarding your baggage.
In the next announcement they then said "the flight will rescheduled for 19:20 on 17/12/2013 and please see our BA representative I regards to accommodation and taxis".

We put the claim in earlier this week and this was the reply we got today

Thank you for contacting us. I apologise for the delay in replying to you.
Your claim for compensation has been refused because flight BA0663 on 16 December 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 the final maintenance checks, we discovered a problem with hydraulic pressure switch. Spare part was required from London Heathrow, which lead to night stop. There are numerous parts that the airline may be required to replace within a specific timeframe. These parts are kept fully stocked and ready to fit. As this particular ‘part’ was not due to be replaced, this constitutes as extraordinary circumstances.
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 again for following this up with us. I do hope we have the chance to welcome you on board again soon.


Any advice/comments would be appreciated. We have plenty of issues with BA but were hoping to sort this first!

Vauban

Increasing anecdotal evidence that BA have stopped paying out on technical faults (where previously they were generally doing so)?

Take them to court, Pinky: that's not an extraordinary circumstance!

abu_antar

My flight with BA to NYC was canceled due to technical issue with the air conditioning. They kept us inside the airplain for more than 2 course while they were trying to fix the problem.

That day there ware other flight cancelations due to poor weather. But this particular flight was canceled due to technical problem. I even tracked that particular aircraft, they departed back to London few hours later, apparently they were able to fix the problem, the aircraft was used for other flights the day after.

When I called BA to hear what they say about the flight cancelation, the representative tried to mix the weather and the air conditioning as a reason (not quite sure about the relationship between the weather and the air conditioning)

I have filed a claim and they are investigating now.

Do you think I am entitledbto compensation ?

Pinkprincess33

Vauban wrote: »

Increasing anecdotal evidence that BA have stopped paying out on technical faults (where previously they were generally doing so)?

Take them to court, Pinky: that's not an extraordinary circumstance!

Thanks for your reply, i didn't think that it would be considered extraordinary!

JPears

The advice would be read the Stickie thread at the top where it says "Post in the appropriate airline thread" before cluttering up the board with yet another individual thread. Then read FAQ.