Compensation for delayed flights Discussion Area

Vauban

vonscotch wrote: »

Are they allow to make an offer of compensation then rescind it after it has been accepted?

Yes, if it was made in error.

samwardill

My British Airways flight from Gatwick to Amsterdam had departure delayed by 5 & 1/2 hours. We didn't travel. BA refunded the ticket cost of ~£140 pp. BA customer services are denying liability to pay compensation of €250 pp as well. Our losses were significantly higher as we had an onward flight. I think BA should pay. I believe the law is ambiguous. Does anyone have any experience of a similar case?

Vauban

samwardill wrote: »

My British Airways flight from Gatwick to Amsterdam had departure delayed by 5 & 1/2 hours. We didn't travel. BA refunded the ticket cost of ~£140 pp. BA customer services are denying liability to pay compensation of €250 pp as well. Our losses were significantly higher as we had an onward flight. I think BA should pay. I believe the law is ambiguous. Does anyone have any experience of a similar case?

Was your onward flight part of the same ticket, or did you take this risk of buying two separate flights? If the latter, you would need to claim on your travel insurance. If the former, the whole cost of the ticket should be refunded - regardless of any compensation claim.

On compensation, unless the delay was caused by extraordinary circumstances then you are due compensation. Depends on the distance for the whole journey book on a single ticket: if just UK to Holland, 250 euro each.

samwardill

Vauban wrote: »

Was your onward flight part of the same ticket, or did you take this risk of buying two separate flights? If the latter, you would need to claim on your travel insurance. If the former, the whole cost of the ticket should be refunded - regardless of any compensation claim.

I took the risk. I am aware that BA is not liable for this consequential loss. I just wanted to ensure that responders were aware that I could not be accused of money grabbing (as my losses were far greater than the compensation I claim).

Vauban wrote: »

On compensation, unless the delay was caused by extraordinary circumstances then you are due compensation. Depends on the distance for the whole journey book on a single ticket: if just UK to Holland, 250 euro each.

BA say no because I didn't actually take the flight. The CAA seem to back them up based on an initial phone conversation (but I am asking the CAA for a formal response).

Justice13075

You mention onwards flight was that with BA if yes then you are also due a refund on that flight as well and if the whole journey was over 1500km it will be €400 per passenger. If it was more than 3500km it will be €600

Citizens Advice

If you don’t take the flight

The airline legally has to give you all of the following:

a full refund for the flight
a full refund for other flights from the airline that you won’t use in the same booking, eg an onward or return flight

leylandsunaddict

Justice13075 wrote: »

You mention onwards flight was that with BA if yes then you are also due a refund on that flight as well and if the whole journey was over 1500km it will be €400 per passenger. If it was more than 3500km it will be €600

Citizens Advice

If you don’t take the flight

The airline legally has to give you all of the following:

a full refund for the flight
a full refund for other flights from the airline that you won’t use in the same booking, eg an onward or return flight

The onward flight was on a separate ticket. They're not due a refund or compensation for that flight.

JPears

But if they are both tickets with BA, compensation is still due under regulation 261/2004. Sometimes you have to get seperate tickets with the same airline because for some reason the booking system may not allow you to make the connection.

samwardill

leylandsunaddict wrote: »

The onward flight was on a separate ticket. They're not due a refund or compensation for that flight.

Just to be clear, I'm not asking about the onward ticket. I'm interested only in compensation for the delayed flight.

If you look at the MSE guide here http://www.moneysavingexpert.com/travel/flight-delays, Martin says:
"Can I get both a refund and compensation?

It looks pretty unlikely.

The law around the amount of compensation and delays is based on the time you arrive at your destination, therefore if you opt for a refund instead you technically haven't arrived and so it can be argued you're not entitled to compensation as well.

That said, there have been court cases on this, so far unsuccessful, which suggests there are arguments for you to be owed some kind of compensation. Until there is a definite precedent set you could always ask the airline to pay the equivalent compensation as a goodwill gesture, if you feel you were suitably inconvenienced."

To be honest, I don't see why you wouldn't get a refund and compensation. If the flight were cancelled you would get both. Has anyone reading this ever got both?

leylandsunaddict

samwardill wrote: »

Just to be clear, I'm not asking about the onward ticket. I'm interested only in compensation for the delayed flight.

Yes, I'm aware of that which is why I posted what I did in response to

You mention onwards flight was that with BA if yes then you are also due a refund on that flight as well and if the whole journey was over 1500km it will be €400 per passenger. If it was more than 3500km it will be €600

Citizens Advice

If you don’t take the flight

The airline legally has to give you all of the following:

a full refund for the flight
a full refund for other flights from the airline that you won’t use in the same booking, eg an onward or return flight

JPears

My thoughts are that if you are delayed or it is anticipated the delay will be more than 5 hours under reg 261/2004 you have the option to a refund in addition to the compensation due to the delay - delays being eligible for compensation where confirmed by Sturgeon.
You may have to argue this case in court.
Were you actually delayed as a result of the rerouting and if so, by how much?