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Flight delay and cancellation compensation, BA ONLY

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  • David_e
    David_e Posts: 1,498 Forumite
    Part of the Furniture Combo Breaker
    Do you think that I can still persue compensation? Would you have any advice on which steps I can take next?

    It's all covered in detail in the FAQs. You need to spend some time there (and use the search facility for the specific of crew/pilot sickness).

    If you don't want to do that, speak to a no win no fee firm.
  • Hello
    Ba are refusing compensation arguing flight was cancelled due to 'an unexpected flight safety shortcoming' They go on to say problem was caused by faulty pitot probe which was 'not due to be replaced' ....' This constitutes an extraordinary circumstance'
    Your views please
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    edited 15 May 2014 at 2:20PM
    Hello
    Ba are refusing compensation arguing flight was cancelled due to 'an unexpected flight safety shortcoming' They go on to say problem was caused by faulty pitot probe which was 'not due to be replaced' ....' This constitutes an extraordinary circumstance'
    Your views please

    My view is that technical faults are generally not extraordinary. But the Huzar judgement will offer definitive guidance on this, we hope.
  • razorsedge
    razorsedge Posts: 344 Forumite
    Hello
    Ba are refusing compensation arguing flight was cancelled due to 'an unexpected flight safety shortcoming' They go on to say problem was caused by faulty pitot probe which was 'not due to be replaced' ....' This constitutes an extraordinary circumstance'
    Your views please

    My view is that if you read through this thread (starting with the FAQ's in post #4) and one or two other threads you will come to your own conclusion about whether a technical issue is an extraordinary circumstance.
    The above is just my opinon - which counts for nowt! You must make up your own mind.
  • razorsedge
    razorsedge Posts: 344 Forumite
    Vauban wrote: »
    My view is that technical faults are generally extraordinary. But the Huzar judgement will offer definitive guidance on this, we hope.

    Who are you? What have you done with Vauban?;)
    The above is just my opinon - which counts for nowt! You must make up your own mind.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    razorsedge wrote: »
    Who are you? What have you done with Vauban?;)

    I'm clearly having a really bad day ...:rotfl:
  • David_e
    David_e Posts: 1,498 Forumite
    Part of the Furniture Combo Breaker
    edited 15 May 2014 at 2:26PM
    Hello
    Ba are refusing compensation arguing flight was cancelled due to 'an unexpected flight safety shortcoming' They go on to say problem was caused by faulty pitot probe which was 'not due to be replaced' ....' This constitutes an extraordinary circumstance'
    Your views please

    Hello Paul,

    This is a self-help forum and your question is at the root of many, possibly most, postings on here. Read the FAQs and use the search function; you'll find what you need.
  • I had a flight from Tel Aviv to London, after boarding the aircraft, we waited a couple of hours before informing us that the flight was cancelled due to a technical problem in the air-conditioning system. They actually tried to fix it after we boarded the aircraft. We were offered alternative flight the day after.

    I sent a letter to BA and claimed compensation, but they refused:

    "Your claim for compensation has been refused because the flight was cancelled due to unexpected technical problem, which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation."

    I tracked this aircraft (using the registration number), the aircraft was flown back to London, and a couple of hours later it was on service. Which means that fixing the fault was quick.

    I sent a letter to BA asking them to send me more details about the fault, they sent me back a response saying that air conditioning had failed just before the flight.

    It seems to me that this case is a case for which the EU regulations were introduced.

    What are my chances of winning this case in the court?
    if I do not win the case in the court, how much money I'm going loose?

    Thanks
  • David_e
    David_e Posts: 1,498 Forumite
    Part of the Furniture Combo Breaker
    traveler76 wrote: »
    " Under EU legislation, British Airways is not liable for a compensation payment in this situation."

    Hm! That's not how I would see it!
    traveler76 wrote: »
    It seems to me that this case is a case for which the EU regulations were introduced.

    What are my chances of winning this case in the court?
    if I do not win the case in the court, how much money I'm going loose?

    All dealt with in the FAQs. The 'no risk at all' route is a no win no fee firm.
  • Pippaki
    Pippaki Posts: 75 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hello All, I flew from LHR to Toronto and was delayed by over 6 hours. I sent an email of to BA asking for compensation and got the following back:

    Your claim for compensation has been refused because flight BA0099 on 01 May 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 safety checks, we discovered a problem with one of the engines of the aircraft. 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 for following this up with us. I do hope we have the chance to welcome you on board again soon.

    Are there any sorts of templates citing the judgements regarding EC? Or am I battling a lost cause?

    Thanks Pippaki
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