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Flight delay and cancellation compensation, BA ONLY

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Comments

  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    Leyton: Yes - I agree. Send them a Notice Before Action, and either start the court process or hand it over to a NWNF lawyer.
  • Hi

    I had a flight booked with BA from Paris to Birmingham in 2006. We arrived a CDG in plenty of time for our 8.10pm flight only to be told at 10.30pm that the flight had been cancelled. We did get put up in a hotel and got on the first flight the next day arriving back in UK at 8.07am. I cannot find any paperwork to do with this flight - do you think it's worth trying to claim

    thanks
    :jloving saving money :j
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    Read the FAQs on page one - and the big red letters in particular!
  • Hi all, Can anyone confirm what address to use for British Airways for MCOL?

    The address I used for the letter before action, which I got from their website, is as follows:
    British Airways Customer Relations
    EU Compensation Claims
    PO Box 5619
    Sudbury
    Suffolk
    CO10 2PG.

    Do I just use the same address?
  • Vauban wrote: »
    Leyton: Yes - I agree. Send them a Notice Before Action, and either start the court process or hand it over to a NWNF lawyer.

    Thanks for the vote of confidence I have sent the letter and all documents recorded delivery today so fingers crossed. The reply I quoted was sent to a friend who was on the same flight. On top of this my tv didnt work and table was broken. They gaffer taped it to the seat in front!! All in all a nightmare day. If im honest i would take lifetime silver membership for us all over the compo at a push but not sure if BA ever do this..
  • BA have rejected my claim for compensation due to delay and have also ignored my reply to them. Although the claim is for just one passenger it is for a 5 hour delay and I have decided to take legal action. There is reference on this thread about 'Notice Before Action'. Does anyone have recommendations for the best form of legal action or a website that can advise. I also live outside the UK so while not impossible, a personal court appearance would be difficult.
  • David_e
    David_e Posts: 1,498 Forumite
    Part of the Furniture Combo Breaker
    Nilechamp wrote: »
    There is reference on this thread about 'Notice Before Action'. Does anyone have recommendations for the best form of legal action or a website that can advise.

    Not quite sure what you mean but the answers to questions regarding legal action for flight delay claims are all given in detail in the FAQs.
    Nilechamp wrote: »
    I also live outside the UK so while not impossible, a personal court appearance would be difficult.

    Subject to the strength of your case, it may not come to a court hearing. If it did, I assume attendance is required but even if it wasn't, I would have thought you would want to be there.
  • Got a complaint going with BA finally got them to give an exact reason for turning me down.

    Thank you for coming back to us regarding your claim for compensation.
    To confirm, your claim was denied as your flight was delayed due to circumstances outside British Airways' control. The aircraft operating your flight was prevented from operating as scheduled due to long queues at the security search area at Terminal 5 London Heathrow earlier in the day. Under EU legislation, this constitutes as an extraordinary circumstance and British Airways are not liable for a compensation payment in this situation.


    It sounds to me a decision was made by BAto delay the flight because passengers had not cleared security, not an actual security incident.

    I cannot see this extraordinary circumstance on the NationalEnforcement Bodies list of such circumstances.

    Please see below for their listof extraordinary circumstances that relate to security they are quite specificand all relate to specific circumstances, none of which you have told mehappened.

    5 Security Closure of the airport ofdeparture or the airport of arrival without pre-notification for securityreasons.

    6 Security Bomb discovery or bomb scareeither onboard the aircraft or at the airport of departure or the airport

    of arrival.

    7 Security Hi-jacking of the aircraft.

    8 Security Removal of unaccompanied baggagedue to a serious security concern.

    9 Security Removal of an unruly passengerfrom the aircraft for security reasons - thereby causing either a flight

    delay or diversion.

    Thanks in advance for any thoughts
  • David_e
    David_e Posts: 1,498 Forumite
    Part of the Furniture Combo Breaker
    It sounds to me a decision was made by BAto delay the flight because passengers had not cleared security, not an actual security incident.

    I cannot see this extraordinary circumstance on the NationalEnforcement Bodies list of such circumstances.

    I wouldn't get too bogged down in the NEB list as it's not the law and has generally been derided - although usually when it appears to support the denial of a claim rather than support one. (I suspect it will also say somewhere that it's not exhaustive but I haven't read it in full.)

    Unless BA had some hand in security clearance being delayed, I'm not sure that this could be regarded as something that the Regulations were intended to deal with. The obvious parallel is air traffic issues which are deemed extraordinary in relation to a "particular aircraft on a particular day".
  • I just received 600 euros of compensation from BA for my flight from Cape Town to Heathrow that was delayed on 22 November. The whole process went smoothly and without much effort. Thanks for the info!
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