Flight delay and cancellation compensation, BA ONLY

sharon1953

Tried reading as much as I can on this subject but still not sure where I stand.
1. First flight at 8.45 pm was delayed just before take off due to light bulb not working on the wing. Given $9 each for food. Told spare part being flown in on a flight coming in from somewhere else. Part was wrong one. Flight eventually 5 hours after the scheduled time, as crew had run out of flying hours and part not available until next day.
2. Given letter saying no hotel provided, keep receipts for refunds.
3. After battling with BA staff they found us a few rooms, first come first serve basis at what can only be described as a "hovel". Arrived at hotel via coach 2.30 am
4. Taken back to airport at 10.00am - no breakfast provided at motel. Given another $9 each at airport for entire day.
5. Flight due to depart 6.30 pm, cancelled again, plane flying in with spare part diverted due to bad weather.
But, the regular 8.45 pm flight did leave, just slightly delayed. We were bumped for this so as not to upset a different set of 500 passengers!
6. 2nd night in hotel 1.5 hours away (taken on coach) arriving 1.30 am.
7. 11.30 am taken back to airport, given $12 each for food. Boarded flight on schedule, but we sat on the runway for over an hour as the captain didn't have the correct documentation to take off.
8. Missed BA connection at Heathrow for Manchester due to the 1 hour delay. Re-booked for 2 hours later.

BA are saying that the bulb would have been fixed in time had the previous flight not been late in due to bad weather (which isn't true as they didn't have the part until the next day) and this delayed them doing the flight-check when the fault was discovered. So claiming "extraordinary" circumstances due to weather.

But how far back can they go? They have now put our case on hold until the Jet2 appeal is settled so have filled in a CAA form, is there anything more I can do?

Update, now contacting Bott and Co!

111KAB

sharon1953 wrote: »

They have now put our case on hold until the Jet2 appeal is settled so have filled in a CAA form, is there anything more I can do?

Wasting your time with the CAA - just either instruct a NWNF to take them to court or do it yourself.

Vauban

The weather thing is a red-herring. You case rests on whether the technical fault with the bulb was caused by extraordinary circumstances: the High Court (in the Huzar case) says it wasn't.

Up to you to decide whether to write again to BA with an NBA (there's some anecdotal evidence that BA sometimes change their mind if you signal you're serious) or wait to see what happens to the Huzar appeal in the Supreme Court: if the delay was this year, you have a bit of time on your side.

I agree that $9 doesn't buy you much in Denver airport (where I was once delayed for 6 hours), but if you've kept the receipts you can claim back reasonable expenditure from BA.

sharon1953

Thanks, but what's an NBA and a NWNF?

111KAB

sharon1953 wrote: »

Thanks, but what's an NBA and a NWNF?

PLEASE read this thread > https://forums.moneysavingexpert.com/discussion/comment/66309511#Comment_66309511

sharon1953

111KAB wrote: »

PLEASE read this thread > https://forums.moneysavingexpert.com/discussion/comment/66309511#Comment_66309511

Thanks, didn't know all that existed, have copied the whole lot and will set to work, not giving up on this yet!

victork

Hi,

I recently flew on a flight from Madrid to London (LHR). the BA aircraft scheduled to operate my flight was struck by lightening on landing in Heathrow on an earlier sector. Consequentially my flight was delayed by 3 and a half hours. On making a claim to BA, they have that this constitutes extraordinary circumstances.

My take on it is that BA have a large fleet and it was their choice not to move around the fleet in order to allow a aircraft to operate my sector (which is 2 sectors after the incident) with another aircraft. That is they have a choice on how to utilise their fleet, and because they chose to prioritise other flights, I was delayed. Do you think this is a valid claim, does anyone else have a similar claim?

Vauban

Yes - I agree 100%. Whether a court would, however, would depend on the judge on the day. The greater the time difference between the strike and your flight, the easier the argument will be to make.

You might press BA to tell you precisely when this event occurred and what efforts they took to minimise the delay. Absent a compelling answer, you might add, you will initiate legal action. (After all, that's all you can do, isn't it? )

sharon1953

groove_timer wrote: »

Just a Nice update for everyone still fighting to get compensation from BA.

Sent another email to BA after 4 rejections about 6 weeks ago asking in light of the Huzar appeal, if they would re-look at my case. Expected to get the usual rejection but got an email last week from them to say that I was due compensation for myself, my wife and our travelling companion. So they are now in the process of transferring 1800 Euros to my bank account. Result!:)

So definitely worth while to keep at it.

Cheers

Great news, I keep sending emails but they just keep saying the same thing "holding until the jet2 appeal is settled".

iambruce

Just received an email from BA regarding my claim for compensation for a delayed flight (over 3 hours) from Heathrow to Maimi in March this year,

"In accordance with Regulation 261/2004 compensation is payable in some instances of delays in arrival of 3 hours or more. However compensation is not payable if the delay is due to 'extraordinary circumstances'
There are examples of what can constitute 'extraordinary circumstances' set out in the regulation 261/2004, including technical issues. In the regulation technical issues are referred to as "unexpected flight safety shortcomings". The reason for the delay to your flight was a technical issue of this nature, and therefore compensation would not be payable in accordance with the regulation."
"The issue of what constitutes a technical fault amounting to an extraordinary circumstance was recently considered by the Court of Appeal in the case of Huzar V Jet2.com. However this is being applealed to the Supreme Court. In the circumstances, we are postponing consideration of your claim for compensation untill the Supreme Court has issued it's decision."

really dissapointed with BA over this, and would much appreciate some help to what I can do next.