Flight delay and cancellation compensation, BA ONLY

Caz3121

Vauban wrote: »

You should be able to work it out from that. Compensation for that distance is €250 per passenger.

Vauban - out of interest, I suspect this cancellation is one of a number BA have made due to Heathrow reducing capacity today by 15% as a pre-emptive measure

from BA website http://www.britishairways.com/travel/flightops/public/en_gb?p_faqid=5062

If the weather turns out to be bad and the cancellation in advance was the correct decision I assume they can argue compensation does not apply due weather
If the weather does not affect flights today, I suspect that exceptional circumstances would still be used with BA stating that cancelling flights was out of there control as they were directed to cancel flights by Heathrow Airport

from NOTAMS (taken from FlyerTalk post)
.........E) DUE TO A FORECAST OF THUNDERSTORMS AND LIGHTNING LEADING TO SCHEDULE
DISRUPTION AIRLINE OPERATORS ARE REQUESTED TO REDUCE THE FLIGHT SCHEDULE BY 15 PER CENT BTN 1000-1800 ON 10 AUG. PLEASE NOTIFY
CHANGES TO FLIGHT TIMINGS TO AIRPORT COORDINATION LIMITED ON E-MAIL LONACXH(AT)ACL-UK.ORG AND THE DUTY MANAGER AIRSIDE ON DD-LHR-ODM(AT) HEATHROW.COM BY 1900 ON 09 AUG. ENSURE ALL TARGET OFF BLOCK TIMES ARE UPDATED AND ALL FPL FOR CANCELLED FLIGHTS ARE REMOVED FM THE CENTRAL FLOW MANAGEMENT UNIT SYSTEM)

Stephe

Claimed for a cancelled flight to Vancouver (rescheduled the next day).

Refused because a rarely-failing part was "exceptional circumstances".

Appealed and pointed out that replacement part failed to work -- i.e. it was probably not the part that failed -- and mentioned the Jet2 ruling.

Silence (3 weeks).

Rang, Told my claim, and all technical claims, were held on ice subject to the appeal.

Wrote saying original refusal was misleading about both the nature of the failure and the legal position. Noted the irony that I had had no cause for complaint until I had dealings with "customer service".

Received email saying now paying in full (2 x €600) which duly arrived.

JBrown1

So, long story short. We were due to fly out to Turin on 1 July. The flight was cancelled and we had to fly out to Genoa the following day.

All in we are about £500 out of pocket, and BA offered us £44 (to cover the taxi home (we live near Gatwick) and lunch).

I emailed them back on 17 July and claimed under EU 261/2004. Having heard nothing from them (not even acknowledging my claim), I decided to chase BA up today, so gave them a ring.

After waiting for someone to answer for 30 mins, I was told that the flight had a technical problem and that was why it was cancelled. I quoted the Jet2 ruling in June, and the customer services rep told me they had instructions to NOT pay out any tech cases pending appeal to the court.

So my question is, what do I do? What can I do? Do I have to wait for BA to go to appeal (God knows how long that will take!!), or are they just trying it on and hope I'll go away?

David_e

JBrown1 wrote: »

So my question is, what do I do? What can I do? Do I have to wait for BA to go to appeal (God knows how long that will take!!), or are they just trying it on and hope I'll go away?

Read the FAQs and the relevant threads (including the ones dealing with tha recent appeals); it's all there.

If you don't want to do that, speak to a no win no fee firm.

Grumpy_Tony

Hi All


Can anyone clarify what my rights are?


My return flight from Spain to Gatwick was rescheduled 3 1/2 hrs earlier than the original departure time without any notification via email or text. Before departure (20 July) the flight was scheduled for 16:40 (confirmed via printout of flight itinerary), on return on 8th Aug we discovered that the flight had actually departed at 13:25.


We were then offered an alternate routing via Madrid due to depart at 18:35 with a connecting flight to Heathrow at 21:00 or a flight direct to Gatwick after midnight. Travelling with 4 children, one of which being a 3 year old autistic we decided to take the Madrid option to get home as soon as possible.


The flight to Madrid was then delayed by almost an hour causing us (and others) to miss the connecting flight back to Blighty. We were then given a hotel room and another flight at 6:35 in the morning. By the time we had managed to track down additional nappies, baby food and milk and eventually got to the hotel and checked in it was gone 11:30. We then had to get up at 4am to get back to the airport for the morning flight.


After a sleepless night due to my autistic son not having his teddy and being extreamly over-tired and hungry (he refused the Spanish baby food!) and no food since about 16:30 we eventually arrived home at 11am.


BA have refused any compensation for the un-notified re-scheduled flight, delayed flight or missed connection offering £100 'goodwill gesture' per person. Am I entitled to more under 261/2004?


Thanks in advance.


Tony

David_e

Grumpy_Tony wrote: »

Can anyone clarify what my rights are?

You need to read the FAQs; it's all there.

Caz3121

Did you book with BA direct or through a 3rd party. Has BA said when the flight was rescheduled? Can they show that they emailed you with the details (can often end up in Junk folder)
Did you not use MMB to checkin online?

Grumpy_Tony

Hi Caz, Thanks for the reply.


Yes, I did book with BA direct.


No, BA have not said when they rescheduled the flights but they had not been changed the day before we left when I printed the itinerary.


They, as yet, have not confirmed that they tried to contact me but I have checked all folders in email (junk/spam) etc - this is the second time (that I know of) that the flights have been altered, the first time I spotted it whilst checking the flight details via the web site before booking time off of work - again, no notification.


Could not use MMB to check in online as we didn't have access to internet/printing. Only managed to get emails downloaded when visiting restaurants/bars via smartphone.


Tony

Vauban

Tony,

My post in 801 above sets out your rights re changes to the schedule (Article 5 of the Regulation originally related to cancellation, but now applies to delays).

So you need to find out:

a) when the change to the schedule was made;
b) when BA believe you were notified;
c) why the change was made (if it was eg weather or ATC restrictions, compensation wouldn't be due).

JPears

Vauban wrote: »

Tony,

My post in 801 above sets out your rights re changes to the schedule (Article 5 of the Regulation originally related to cancellation, but now applies to delays).

So you need to find out:

a) when the change to the schedule was made;
b) when BA believe you were notified;
c) why the change was made (if it was eg weather or ATC restrictions, compensation wouldn't be due).

Lord Prof Vauban - the resheduled flight was also considerably delayed, so compensation maybe due there - two bites at the cherry.