Flight delay and cancellation compensation, BA ONLY

jedbartlet

Just had this from BA for a BMIBaby flight:

"You are entitled to compensation for cancellation of your flight WW1092 on 18 February 2008. The distance of your disrupted journey, as calculated in accordance with EU legislation, was 1500km or less. Based on this, you are entitled to EUR250 in compensation.

As there are two passengers included in your claim, the total compensation due is EUR500. I have confirmed the rate of exchange which applies is the exchange rate on the date of the flight and therefore the value of the payment due is £375.43."

Money to be sent to my account...thank you MSE.

figfest

Using the MSE template as a guide, I claimed compensation for a delayed BA flight on 11 December 2012. It was an open-and-shut case - technical fault exacerbated by BA's practice of using Heathrow to service Gatwick-based aircraft. I posted the letter on 30 December. After three weeks of not receiving even an acknowledgement, I directed a question to BA on Twitter. I was told that "EU delay" claims were dealt with within 90 days, usually less. I followed that up a week or so later. (BA had my booking reference by direct message on Twitter). On 13 February, I received an e-mail from BA saying that compensation had been approved, and that a cheque would arrive within 14 days. It was here within three.

Upshot: BA will pay a valid claim submitted using a personally adapted version of the MSE template. Polite inquiries using Twitter might have accelerated the process. The only suggestion I'd make to BA is that it acknowledge the initial receipt of claims.

pabloq

Good Evening. As you can see. I've been a lurking forum member for a while, but here is my first post!

In November I put a claim in with BA for a 5 hour delay on a flight back from Rome to Heathrow in 2009. I pretty much went by the claim template on the MSE website.

After almost forgetting my claim I received a letter on Saturday from BA rejecting my claim as it was due to adverse weather conditions.

However the reason we was given in the terminal for the delay was because the cabin crew was still in Rome city center instead of being at the airport.

Is it worth carrying on chasing our claim or leaving it be?

Cheers.

Caz3121

pabloq wrote: »

Good Evening. As you can see. I've been a lurking forum member for a while, but here is my first post!

In November I put a claim in with BA for a 5 hour delay on a flight back from Rome to Heathrow in 2009. I pretty much went by the claim template on the MSE website.

After almost forgetting my claim I received a letter on Saturday from BA rejecting my claim as it was due to adverse weather conditions.

However the reason we was given in the terminal for the delay was because the cabin crew was still in Rome city center instead of being at the airport.

Is it worth carrying on chasing our claim or leaving it be?

Cheers.

was there adverse weather conditions either at Rome or Heathrow that day - were other flights delayed?

richardw

The regulation says 'extraordinary circumstances ....despite reasonable measures...' If you think they didn't take reasonable measures to avoid the cancellation, get back to them and make your point.

missy.p_3

Caz3121 wrote: »

was there adverse weather conditions either at Rome or Heathrow that day - were other flights delayed?

I would pursue it, as when they replied to my first letter, they explained why my flight had been cancelled, when in fact it was actually delayed. I think that they're trying to send out the replies so quickly, they don't seem too bothered about accuracy & just hope people will see a rejected claim & drop it

missy.p_3

missy.p wrote: »

I've checked flight stats & the flight was just 24 minutes late departing Nairobi & 32 minutes late in arriving in Heathrow, which is what caused me to miss my connecting flight. The knock on effect being that my arrival in Newcastle was over 4 hours late. The flight was NOT cancelled as they say in their reply. From this I am more sure that BA have issued a wholly incorrect reply. I think I am going to reissue my original letter with a covering note, quoting the BA reference & asking them to properly investigate

I've already got a reply to my 2nd letter. BA are now saying that they were "unable to operate your flight because of Air Traffic Control restrictions and a lack of ground handling resources outside BAs control. Unfortunately in these circumstances we had no option but to delay your flight.
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 & 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 longer delay. I regret, therefore you are not entitled to compensation under the EU ruling for your delayed flight"

I'm still not convinced, as as 1st they say 2 reasons, air traffic AND lack of ground handling resources outside BAs control.
My next reply will ask 1: What was the air traffic management decision which gave rise to the long delay (considering it was only half an hour, but caused me to miss my connecting flight & arrival in my final destination was over 4 hours late) & 2: Can they really say that the lack of ground handling resources could not have been avoided even if all reasonable measures had been taken.

Wish me luck......

richardw

Re ground handling, research 'principal and agent'.

topyam

Hi everyone - have you any advice in relation to the following?
Not all flights into Healthrow were cancelled??

Dear Mrs xx
BDxxx on xx xx 20xx was cancelled due to adverse weather conditions. London Heathrow was heavily disrupted on this day due to arrival flow rate restrictions imposed by Air Traffic Control due to strong winds in the area. Flow rates fell as low as 12 per hour at one point.
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 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 unexpected safety shortcomings, weather, strike and the impact of an air traffic management decision which gives rise to a long delay.
I can assure you that we make every reasonable effort to avoid cancellation, but in these circumstances it cannot be avoided and under EU legislation, British Airways is not liable for a compensation payment when the cancellation is due to weather.
I realise that this will be disappointing for you but I hope this information will enable you to understand our decision.
Best regards

Mark2spark

If Heathrow was experiencing delays due to the weather, then ATC would have been allowing at least 2 minutes between flights, not one, so disruption would have been at at least 50%. Flow rates at 12 is 5 minutes between flights. Planes land once a minute at Heathrow. So one hour of disruption leaves approx 48 flights delayed. The knock on effects last hours for sure.
IMO no claim.