Flight delay and cancellation compensation, BA ONLY

kimalicious

Hi!

I have contacted BA directly about a flight I took from London to Mumbai that was delayed by 4.5hrs. This is there response;


Thank you for writing back to us. I am sorry that you are unhappy with our previous response. I am concerned that you feel that we did not take your complaint seriously enough, and you wish to escalate your complaint further to our senior manager. I am pleased to reply to you in this matter.

I have reviewed your claim for compensation and as previously advised the flight BA0199 on 07 February 2014 was delayed due to an unexpected flight safety shortcoming, which prevented the aircraft operating as scheduled.
During the final maintenance checks, we noticed fumes in the cabin, which led to an aircraft change and further there was an airport system failure, which extended the delay. This caused a flight safety shortcoming that had to be assessed by our engineering team.

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.

I realise that this will be disappointing for you but I hope this information will enable you to understand our decision.

Best regards
Rohit Ranka
EU Compensation Claims
Your case reference is:12069224


Does anyone know if I can take it further?

Thanks!

111KAB

Yes you can take further > start here > https://forums.moneysavingexpert.com/discussion/4896699

Posie_f

I wonder if you can help...
We flew with BA from MCO Orlanda last summer and the flight arrived slightly late, but without any incident. However when we went to catch our BA connection to Glasgow it had been cancelled. We were unable to get a flight until almost 6 hrs later (via Easy Jet). Is the compensation for the full distance or the Gatwick to Glasgow part - I dont know what I should be claiming for? Any advise would be appreciated. Thanks

David_e

posie_f wrote: »

Any advise would be appreciated. Thanks

You need to read the FAQs and do a forum search for "comnnecting flights". If you don't want to do that, have a word with a no win no fee firm.

waveyjane

I'm trying to work out how much compensation I'm due. Looking at this:

http://www.airpassengerrights.eu/en/flight-delay.html

It says in Article 7 "Right to compensation":

“In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.”

What does that mean exactly? For example, if my scheduled flight went:

London -> Paris -> Hong Kong

and I was denied boarding in London, am I claiming compensation for

London -> Paris (456Km)

London -> HK (9,600Km)

or Paris -> HK (9,144Km)

Which is the "last" destination for the purposes of compensation?

Vauban

waveyjane wrote: »

I'm trying to work out how much compensation I'm due. Looking at this:

http://www.airpassengerrights.eu/en/flight-delay.html

It says in Article 7 "Right to compensation":

“In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.”

What does that mean exactly? For example, if my scheduled flight went:

London -> Paris -> Hong Kong

and I was denied boarding in London, am I claiming compensation for

London -> Paris (456Km)

London -> HK (9,600Km)

or Paris -> HK (9,144Km)

Which is the "last" destination for the purposes of compensation?

If you were travelling on separate tickets, Paris. If it was a directly connecting flight, on one ticket, then HK.

waveyjane

OK thanks. Now I just need to work out what a "separate ticket" means in this context.

I bought "a ticket" to HK. The flight to Paris was operated by one airline an the flight to HK was by another - part of some alliance programme I think.

Does that count as one ticket? Indeed, what counts as a "separate" ticket? One that I bought separately?

The reason I ask is that the airline (BA) is simply saying they can only pay me EUR400.00 (and not the EUR600 I'm claiming) but don't seem to want to explain why.

Vauban

Did you buy the "one" ticket from an airline? Or did you buy it from a travel agency? (the latter often buy two tickets and bundle them). Was you luggage checked all the way through? Did you get a boarding pass for Hong Kong in London or Paris? Was there one airline booking reference or two?

waveyjane

"Did you buy the "one" ticket from an airline?"

Yes.

"Was you luggage checked all the way through?"

As far as I recall, I just got out of one plane, ate a sorry cheese sandwich in the transit lounge (Paris airport is the *worst* in the world for food) and got on the plane to HK.

"Did you get a boarding pass for Hong Kong in London or Paris?"

In London, I think.

"Was there one airline booking reference or two?"

Just checked: one.

Vauban

Then I think your final destination according to the Regulation and Folkerts judgement is Hong Kong.

BTW: BA's offer of €400 doesn't make any sense. The London-Paris leg would actually be €250.