Flight delay and cancellation compensation, BA ONLY

David_e

Vauban wrote: »

True - except the "all reasonable measures" test is only the second limb of the test.

A rather slack response from me, I'm afraid! I should know better.

eagerftb

BA flight from Boston delayed by 12 hours and I was travelling with my 9 months old daughter and 4 years old son. The response from BA is as follows : -

'During the final maintenance checks, we discovered a problem with the flat battery. 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. '

How should I proceed and is a flat battery really an extraordinary circumstance?

Vauban

eagerftb wrote: »

How should I proceed and is a flat battery really an extraordinary circumstance?

a) Read the FAQs on page one, then start legal action;
b) no - a flat battery is not.

whizzer572

Hi I have written to Ba regarding a my flight that was delayed from Boston to Heathrow which was delayed 3hrs 40mins but got this in return - is it worth continuing as I see cooling system is mentioned in the extraordinary circumstance - any help greatly appreciated - also I went to the CAA website but the online form doesn't seem to be working ?


Thank you for contacting us. I apologise for the delay in replying to you.
Your claim for compensation has been refused because flight BA0214 on 22 February 2014 was delayed due to an unexpected flight safety shortcoming, 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 the equipment cooling system. 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.
Best regards

Vauban

whizzer572 wrote: »

Hi I have written to Ba regarding a my flight that was delayed from Boston to Heathrow which was delayed 3hrs 40mins but got this in return - is it worth continuing as I see cooling system is mentioned in the extraordinary circumstance - any help greatly appreciated - also I went to the CAA website but the online form doesn't seem to be working ?

Okay: one last time. A technical defect, which this is, is not extraordinary if its origins are inherent in the normal operation of the aircraft. You need to read the FAQs if you want to pursue this claim (the fact that you seem keen to contact the CAA suggests maybe you haven't?).

whizzer572

Vauban wrote: »

Okay: one last time. A technical defect, which this is, is not extraordinary if its origins are inherent in the normal operation of the aircraft. You need to read the FAQs if you want to pursue this claim (the fact that you seem keen to contact the CAA suggests maybe you haven't?).

Thanks but I did read the Faq's


But having seen this on ec.Europa .eu
Link -Cannot post it at the moment as newbie -

Unexpected flight safety shortcomings no 25 in the


Draft list of extraordinary circumstances following the National Enforcement Bodies (NEB) meeting held on 12 April 2013


no 25 -
Failure of necessary or required aircraft systems (for example the cooling system, avionics system,


flight control system, flaps, slats, rudders, thrust reverser, landing gear) either immediately prior to


departure or in-flight (where those systems had been maintained in accordance with the required.


I have obviously contacted British Airways and on reading the Faq'S, So are you saying I need to go back to BA and suggest this is a technical fault ( but the query arose when I saw the above as an Extraordinary circumstance in the list ) the Faq's then suggests the next step is to contact the CAA if you feel that the explanation is a technical fault - I am not an airline engineer so am unsure whether or not it is a technical fault and hence asking for help



Was following this part




What if my claim gets rejected?
Just because your case has been rejected by the airline, it doesn't mean the airline is correct. If you've been given any of the following excuses, take your case to the relevant regulator to look into (more information about who to complain to below).
Classic unfair reasons for rejection:

• Some firms, in particular Thomson, are citing the Warsaw and Montreal Conventions, which they claim state they don't need to look back as far as 2005. That's nonsense, the rules say you can go back to 2005.
• Some airlines say they'll only look at complaints going back six years. While this is unfair, you'll struggle to successfully claim pre-2007 because courts in most of the UK can only go back six years (five in Scotland), so it is difficult to enforce the rules back to 2005.
• Some airlines will cite a technical issue as a reason for rejecting your complaint. But under new guidlines published in July 2013, some technical issues actually mean a customer is entitled to compensation. For example, if they're caused by poor maintenance.

richardw

whizzer572 wrote: »

.. So are you saying I need to go back to BA and suggest this is a technical fault...

Nope don't do that.

Consider going to http://www.bottonline.co.uk/aviation/flight-compensation-claims-form

111KAB

No read this as well if you want ....


http://www.ombudsman.europa.eu/en/cases/caseopened.faces/en/51767/html.bookmark

razorsedge

I love the dodgems...

Bumping for Newbies

J-Mac

Hi all,

Hopefully someone on here will be able to offer me some advice on the claim that I'm currently pursuing with BA.

To briefly summarise, my flight from Antigua to Gatwick was delayed by a little over 3 hours due to a problem with one of the doors. The plane was stuck in St. Kitts whilst the problem was resolved.

I've made a claim for 2 * £250 compensation from BA via their online claim form. I received the reply below earlier today.

Dear Mr MacCauley

Thank you for contacting us.

Your claim for compensation has been refused because flight BA2256 on 25 February 2014 was delayed due to an unexpected flight safety shortcoming, 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 the cargo door. 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.

Best regards

Mallikarjun Igalappola
EU Compensation Claims


Do I have any grounds to pursue this further, or will I be fighting a lost cause? Any help would be greatly appreciated.