Urgent help, why have I been refused this?

edited 23 May 2013 at 9:44PM in Flight delay compensation
6 replies 770 views
Kieran_BrentonKieran_Brenton Forumite
4 Posts
edited 23 May 2013 at 9:44PM in Flight delay compensation
Hi, I'm new to this but basically I'm having the same problem.

My flight back from JFK-New York to London-Heathrow on the 8th of February was delayed.

This flight arrived 4 hours 15 minutes late at London Heathrow.
The judgement of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation for delay as set out in the sturgeon case.
I am seeking compensation under EC Regulation 261/2004 for this delayed flight.

My scheduled flight length was 5540 kilometres; therefore I am seeking €600 Euros.

It was delayed firstly due to weather which I accept and the secondly because the pilot fell sick, they had to send out another pilot and had to allow rest time. Basically other people that I traveled with claimed and have received compensation from this and they are refusing to pay mine, they offered me £300 in eVouchers which I'm not willing to accept. They said:

"delayed due to flight crew sickness and the time taken for the replacement flight crew to take their legal rest time after the inbound flight. We take reasonable measures to avoid this by over-rostering crew by 20% at London Gatwick and our hub, London Heathrow, to cover this type of situation. However it is not possible to do this at our outstations such as New York. This situation is regrettable but it is an extraordinary circumstance. In such instances we are not liable for delay compensation payments under EU legislation.

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 and 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 long delay. I regret, therefore you are not entitled to compensation under the EU Regulation for your delayed flight."

They also said that it was an error as to why the people I traveled with had received this money:
"I appreciate that some of your travelling companions have been paid compensation for this flight. However this was done in error and we will not continue to make any further cash payments."

What can I do to receive this and am I actually entitled to this? I feel that I am and it is completely unfair.

Please reply, thank you so much

Replies

  • My flight back from JFK-New York to London-Heathrow on the 8th of February was delayed.

    This flight arrived 4 hours 15 minutes late at London Heathrow.
    h

    I wait outside M&S longer than that for Mrs Bob the Saver a few weeks ago - can I sue as well?
  • Very helpful, really appreciate it...

    This flight had also been delayed previously by a day due to weather, but the second time was due to flight crew sickness.
  • VaubanVauban Forumite
    4.7K Posts
    Ninth Anniversary Combo Breaker
    If poor weather caused the delay as root cause, I don't see how you have a case. BA have generally been fair, I think, on paying out.
  • I am not claiming for the weather delay. We were delayed furthmore for 4 hours and 15 minutes because the pilot fell sick, so they had to send out another pilot and allow rest time because we were okay to fly. Other members have received compensation for the exact thing I am claiming for? And this was only last week.
  • 4 hours and 15 minutes

    Don't forget the 15 minutes
  • VaubanVauban Forumite
    4.7K Posts
    Ninth Anniversary Combo Breaker
    I am not claiming for the weather delay. We were delayed furthmore for 4 hours and 15 minutes because the pilot fell sick, so they had to send out another pilot and allow rest time because we were okay to fly. Other members have received compensation for the exact thing I am claiming for? And this was only last week.

    Sorry but you're not being very clear. How long we're you delayed for in total? How did the weather affect this delay?
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