Flight delay and cancellation compensation, BA ONLY

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 entitled to compensation ?

111KAB

abu_antar wrote: »

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.

Presume this means 2 hours?

abu_antar wrote: »

Do you think I am entitled to compensation ?

Was your plane delayed or cancelled? If delayed you have not stated length of delay. Would also assist if flight number/date included.

abu_antar

111KAB wrote: »

Presume this means 2 hours?

They kept us for more than two hours before infornng us that the flight was canceled due to technical problem. They asked us to leave the airplane.

Was your plane delayed or cancelled? If delayed you have not stated length of delay. Would also assist if flight number/date included.

The flight was canceled.
I prefer not, there is a chance that BA people read this forum. However, the booking was a multi-city/with stopovers booking (that I intenationaly booked. It was a flight from outside the EU with a stop of 1 day in London. They offered me alternative direct flight while in the airport to NYC with different airliner which will arrive to the final destination before my original flight. But I refused because I am not interested in direct flight of 11 hours. Also I want to stop in London (This is why I booked a multi segment flight).
They moved to the same flight day after. 1 day delay.

Do you think Iam entitled to compensation?

Vauban

Impossible to say from the information you've given. There is not point being cagey, except when you start to prepare for court (when I agree some discretion is advisable).

izzy83

I put a compensation claim in to BA after our flight from Stockholm to London was delayed by more than 4 hours earlier this month... I have now received this response rejecting my claim:

Thank you for contacting us. I am sorry for the delay in responding to you.

Your claim for compensation has been refused because flight BA0781 on 03 January 2014 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 pitot tube. 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.


So they're giving me an explanation of "unexpected flight safety shortcomings" and "extraordinary circumstances".. I don't buy this at all.. Specially the part in bold. If they say the "part" should have been available and "in stock", how is it an extraordinary circumstance? The information we actually received once we boarded the plane was that they had to change to another aircraft due to a technical fault, which is what caused the delay.

Any advice on how to best reply to this would be very appreciated!

Vauban

They are saying I think that there are a number of parts which they anticipated might require replacement - and for which therefore the airline keep in stock - but as this part wasn't expected to fail, they didn't have a spare at hand.

This is an interesting test to apply to determine the presence of extraordinary circumstances, with only one downside: that is not what the law actually says. As BA undoubtedly know full well.

111KAB

izzy83 wrote: »

Any advice on how to best reply to this would be very appreciated!

With a court claim.

izzy83

Vauban wrote: »

They are saying I think that there are a number of parts which they anticipated might require replacement - and for which therefore the airline keep in stock - but as this part wasn't expected to fail, they didn't have a spare at hand.

This is an interesting test to apply to determine the presence of extraordinary circumstances, with only one downside: that is not what the law actually says. As BA undoubtedly know full well.

What does the law actually say though? How does one determine an extraordinary circumstance?

Looking at the list of "extraordinary circumstances" on the European Commission's website doesn't help much either as I have no idea what this part does or how the lack of it is "extraordinary"...

111KAB

izzy83 wrote: »

What does the law actually say though?

Two highly relevant laws are 261/2004 and Wallentin (Google and you will find) and also worth reading Huzar -v- Jet2 but worth reading Huzar thread on here as this is in limbo/frozen/stay at the moment.

izzy83

111KAB wrote: »

Two highly relevant laws are 261/2004 and Wallentin (Google and you will find) and also worth reading Huzar -v- Jet2 but worth reading Huzar thread on here as this is in limbo/frozen/stay at the moment.

Thank you for this. For those more in the know on these issues, would you suggest replying to BA still or leave this for the time being in anticipation of the Huzar-case? I can't decide whether to reply to BA immediately or just leave it until I have more to rely on..