Flight delay and cancellation compensation, BA ONLY

offshore1

I've been having an uphill struggle with BA who have sent me reply after reply denying my claim. I finally contacted them through their website with a "LBA" and they simply sent two slightly different versions of the following:-

"I have again reviewed your claim and would like to inform you once BA2037 arrived, Engineering discovered a technical problem with the landing gear bracket being cracked. An investigation ensued, Engineering contacted Maintrol, and it was decided a spare part was needed to replace the cracked bracket. Engineering checked all USA stations, but unfortunately, no part was found. Initial reports said a part was possibly available in Atlanta, but this didn't work out.
This is a common fault for the Boeing 777-200 aircraft. The faulty bracket had to be replaced four times across our fleet during 2013. The cracking is caused by high side loads during ground manoeuvres, especially minimum radius turns, as the bottom of the bracket is attached to the truck and the upper part to the outer cylinder.
Boeing released a redesigned bracket assembly. This aircraft had not had a main landing gear overhaul since the part was issued. So it would not have had the opportunity to be modified. Dispensation has been given for any further aircraft to operate with one flange of one arm cracked, subject to enhanced inspection.
The EU has published a list of what National Enforcement Bodies consider extraordinary circumstances. This includes the failure of necessary or required aircraft systems, either immediately prior to departure or in-flight, where those systems had been maintained in accordance with the required maintenance programme.
Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. I regret, therefore you are not entitled to compensation under the EU Regulation for your delayed flight.
A meeting was held with the National Enforcement Bodies in April 2013 where a list of extraordinary circumstances was agreed upon with the Civil Aviation Authority (CAA). These can be viewed on the CAA website. Therefore, under EU legislation and as per CAA guidelines, British Airways is not liable for a compensation payment in this situation. I hope I have now managed to explain the reasoning. We now consider your claim to be closed"

BA are admitting that 10% of their Boeing 777 - 200 fleet have had this problem in the last year and that there is a modification available to solve the problem but they had not got round to fitting it on the particular aircraft I was using. Furthermore since the incident which affected me they have in any case received a dispensation to fly with a broken bracket. I can't for the life of me see how any of this this constitutes extraordinary circumstances and I feel I have a winnable case.

My next LBA will be by post to their Suffolk address.

Vauban

You don't send a second "LBA" - either you are serious about taking legal action or you are not. Having threatened if once, the airline is unlikely to take you seriously if you simply write asking them to reconsider, and threatening it again.

Given what you have been told, it sounds like you have a very good case for compensation, so I would just get on with it.

JPears

As the Lord professor says, sounds like case that is indefensible - BA flying aircraft, knowing that it has a defective part that can be replaced with a modified one? It would be interesting and useful to find out hw long the modified part has been available from Boeing.

dsp007

LHR to Newark 28/10/13 Cancelled Flight
I`m new to the board and I`m looking for advice.
I was booked on a flight from LHR to Newark on 28/10/13.I had booked in and was in departures awaiting gate information which was not forthcoming.I approached the BA desk to be told that the incoming flight was delayed slightly and that the gate information was imminant.Within 5 mins the board changed to a message to contact the BA desk.Once at the desk we were informed that our flight had been cancelled,due to a technical problem,this was less than 1 hour before departure.We were instructed to attend gate 7 were we would be met by BA staff who informed us that we were required to reclaim our luggage and then go to the BA check in desks for further information.

Obviously this took some time and the BA representatives were non existant.I was told that we would not be travelling even though others were being booked onto flights,it appeared that the BA desk clerk just had no interest in finding us a flight ,when others were searching other airlines.Eventually after being subjected to the most rude customer service representative I have ever witnessed,we were told that the flight was cancelled due to weather,when I questioned her about this ,having earlier been told it was a technical problem,she thrust a piece of paper into my hand and just said read this.She offered us a flight the following afternoon ,into JFK,when I asked how we would get from JFK to Newark ,we were told that was our problem.

Thankfully for us the desk clerk came to the end of her shift and we were handed over to another clerk ,who within 2 mins had found us flights to Newark for the following morning on United Airlines.We were booked into a hotel overnight and given a meal but I think we should be due compensation for our delay ,so any advice would be welcome

I have just received confirmation from BA that I'm entitled to compensation after all.So I am now going to receive €1800 .
It has taken a lot of persistence and many emails and phone calls but I have a positive result.

I would like to extend my thanks to all those who took the time to advise me with my claim ,this is a great site and I now find myself ,advising others on how to apply and actions they should take.

nrp54

Am I missing something ?

My son was booked on BA from Manchester to Heathrow & Heathrow to Calgary, but the first flight was delayed & then cancelled. He was eventually put on another flight but it was too late to make the Calgary connection so BA put him in a hotel & he flew out the following day. He then had to get taxis & a hotel in Calgary.

I wrote & claimed for both flights and the hotel & taxi expenses but whilst the expenses element has been agreed to, the flight compensation has been denied.

The first response from BA accepted the expenses element but didn't even address the compensation claim.

The second response said:-
During the final maintenance checks of a previous sector, we discovered a smoke indicator system problem. 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 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 third response (Subject title Test Message from GSR) said:-
I have reviewed your claim for compensation and as previously your claim has been refused because flight BA1391 on 11 November 2013 was cancelled due to a smoke indicator system problem. Under EU legislation, British Airways is not liable for a compensation payment in this situation.

Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. I regret, therefore you are not entitled to compensation under the EU Regulation for your delayed flight.

The excuses only relate to the first flight, but their failure resulted in the second flight being missed, so surely they can't wriggle out of that claim - can they ?

I've read all the FAQ's & feel that our claim is valid but it has been turned down twice by BA, so am I missing something ?

Caz3121

nrp54 wrote: »

I wrote & claimed for both flights and the hotel & taxi expenses but whilst the expenses element has been agreed to, the flight compensation has been denied.

There would be one claim for the journey. The first flight was cancelled which resulted in him missing the second flight but there is no compensation due for the second flight separately. The compensation amount would be based on the delayed arrival in Calgary so one claim for €600

Did you use the template letter in the FAQs. Probably worth sending a NBA and prepare for court if you want to take it further

Well done on getting reimbursement for hotel and taxi expenses. If these were incurred after arrival in Calgary, the airline had no requirement to reimburse these as the contract would have ended on arrival at the airport

Paddy2969

I would like some help in compensation for a flight delay on BA. When I booked the holiday for myself and 2 other people i payed for them separately to save some money but payed for them all by my credit card.
This meant I had 3 different booking references. On looking at the standard claim letter on this site were it asks for booking reference, do I put all 3 in the same letter for myself and the other passengers or do they each have to fill out a separate form. And if it's on 1 form does each passenger get compensation or is it just the person who payed for the flights.
Paddy2969

Paddy2969

I would like some help in compensation for a flight delay on BA. When I booked the holiday for myself and 2 other people i payed for them separately to save some money but payed for them all by my credit card.
This meant I had 3 different booking references. On looking at the standard claim letter on this site were it asks for booking reference, do I put all 3 in the same letter for myself and the other passengers or do they each have to fill out a separate form. And if it's on 1 form does each passenger get compensation or is it just the person who payed for the flights.
Paddy2969

David_e

Paddy2969 wrote: »

And if it's on 1 form does each passenger get compensation or is it just the person who payed for the flights.

If you are asking a question like that, you really need to read the FAQs. You need a basic understanding even if you decide to use a no win no fee firm.

hmascall

I am looking for some help. My sister was flying home from Doha to the UK with BA in Premium Economy when the the flight was canceled due to a missing bolt in the engine.
She was booked onto a Qatar Airways flight departing 8 hours after her original depature time.
I understand that she may not get compensation due to BA claiming 'exceptional circumstances' (However the inability to fix the issue was due to contacting their mainenace to a company that doesn't support 777 RR engines!!!) but surely she is entitled to compensation for being downgraded?
Thanks in andvance for any help.