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Flight delay and cancellation compensation, BA ONLY

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  • Ooh I feel for you pscycle, you had the delay plus waiting for us to board in male! I also picked the pasta, not nice! Wished I hadn't bothered!

    It was at least 24hrs prior to the flight that they were aware of it, I had checked my app to see estimated time and that's when I realised. I then checked in online24hrs before original flight time and it was still stating the late delay. I was then informed via email of the new flight time. Prior to this I had seen on the twitter account that they had responded to people tweeting, asking why the delay.
    It was the first officer that actually told us at the gate that the pilot had twisted his ankle the day before, his own words "I was with him walking around male, and it just went over" he even gave a little demonstration! It was him that told us the replacement had been flown out that morning, had day rest,and then had to fly back. (I'm also pretty sure he wouldn't of been sitting at the back of the plane!!)

    It is a tricky one, when we boarded, they actually did say if they hadn't of flown the pilot out, we would of had a 24hr delay, not the way I wanted to end my holiday! Maybe I'm narked that they've ignored the fact I've lost money on the hotel we had booked, both myself and partner are self employed so we lost a days wage not being able to work on the Friday. We specifically chose to fly with BA as it was a direct flight, and we should of landed at a reasonable time on the Thursday evening, fresh for work on the Friday.
  • BertyBex
    BertyBex Posts: 1 Newbie
    edited 23 January 2015 at 10:45PM
    Hello,

    I'm just wondering if we would have grounds to claim compensation. Basically, we were on a Virgin flight from Manchester to Heathrow when the BA flight to Oslo took off without the engine doors being closed properly on the 24th of May 2013. It was big news at the time. We subsequently missed our connecting Virgin Atlantic flight to Washington Dulles because the flight we were on was diverted to Luton.

    Virgin did book us into a later flight that day (with BA!! As there were no other Virgin flights that day) but we arrived at our destination over 6 hours later than we expected.

    Could we claim from BA despite the fact we weren't their customers? It was their engineer's fault that the plane set on fire and caused the chaos! I suppose they did actually get us there in the end though!

    Thank you :)
  • JPears
    JPears Posts: 5,111 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Unfortunately, probably not, under regulation 261/2004 since it was the airport that then closed runway, which is out of control of Virgin.
    Ironically, passengers who were on that particular flight will be able to claim under reg 261/2004 against BA!
    You could possibly bring a damages claim against BA for negligence but thats a whole different ball game.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • Claimed compensation using MSE's template letter, for a flight delayed circa 9 hrs from Cancun Mexico to LGW. in Dec 2013.
    Posted on 14th Jan. Had a reply on 20th Jan saying BA were looking at it....then a further email same day saying we had compensation of £469.02 each !! (think this is the max depending on exchange rate as the award is in euros, then converted....)

    Cheques received on 23rd Jan!!
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    Sixth Anniversary Combo Breaker
    Congratulations.

    At least BA seem to be being reasonable about many compensations claims. It's just a shame others aren't.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Tyzap wrote: »
    Shaggie,

    As you were informed that your flight was cancelled 6 or so hours prior to your departure it must have been the previous flight that was effected by the weather.

    Their excuse would only stand if it was your flight that was directly effected so it sounds like you have a right to claim compensation.

    Have a read of Vaubans superb guide and issue BA with an LBA (letter before action). During the process the truth of which flight was delayed and when will come to light.

    Good luck.


    Quick update on my case:

    Wrote LBA to BA CEO, and they have maintained their response.
    Thanks for your letter to Keith Williams about your claim for compensation. He's asked me to reply on his behalf, but I'm sorry it's taken us longer than expected to get back to you. I completely understand why you're unhappy with our previous correspondence with you, but please let me explain our position.

    Your claim for compensation has been refused because flight BA0323 on 10 January 2015 was cancelled due to adverse weather conditions, which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation.

    As previously advised, airline operations are subject to circumstances outside the airline's control. British Airways takes all reasonable measures to avoid cancelling a flight in such circumstances. Consideration is given to whether there are any operational options available before a decision to cancel is made. We are sorry that the cancellation was necessary in this case.

    Thanks again for getting in touch with Keith Williams. I hope we can welcome you on board again soon. Please feel free to contact me directly using the blue link below if I can help you with anything else.

    What would be the next step after this? I would have thought they would provide evidence to back up their decision.
  • Vauban
    Vauban Posts: 4,737 Forumite
    Part of the Furniture Combo Breaker
    edited 27 January 2015 at 11:04AM
    The next step is that, if you think you have a case, you take them to court. My guide explains how. (Most airlines refuse to provide this kind of information until you actually serve legal papers.)

    EDIT: If you have a look at flightstats.co.uk (you'll to register) you'll see that a substantial number of airplanes were delayed coming into LHR that afternoon - and indeed a number of them were cancelled. So I would think very carefully before taking this further.
  • Was told that flight rebooked for same day (though different airport) and costs ie petrol and phone cards reimbursed!
    So no 300euro
    Originally wanted to book us on flight the day after original Orlando -New York 6hr wait NY-Heathrow then find own way to Gatwick!! was declined after phone calls to GB.
    They say there was a delay and crew didn't have enough hrs left, and there wasn't another crew to operate the plane.
    Not even an offer of avios points, don't know what to do next,
    but I know its virgin all the way with me from now on!

    Just been informed 300 euros pp coming my way, another bott & co success, and only too 8 weeks or so. Thanks for all the help guys!
  • I, after many months, try's and re-try's finally received a deposit into my bank account for 1892.74... :j ... this was for a flight delay in 2009.




    I had previously been offered 6000 flying miles and been told by the CAA that I had no case but with the recent changes my complaint was upheld... Thankfully MSE with updates etc kept me informed and when MSE updated me on the website I then fired another e-male at BA.


    Thank you MSE team :T ...
  • Dr_Watson
    Dr_Watson Posts: 451 Forumite
    Ninth Anniversary 100 Posts Combo Breaker
    Group Bumping
    Successfully sued Ryanair in 2013/14...and have been 'helping' litigants since then.

    Current known score:-
    Dr Watson 35 - 0 Ryanair / Ince and Co

    Go to post 622 on the Ryanair thread to read how to sue them safely.
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