Compensation for delayed flights Discussion Area

tiesto

Thanks for the response. Feared that might be the case, my thought was that if the passenger was drunk (I'm not sure what the root cause was, they were in a different cabin), then that could be construed as BA's fault however as you say, might be very difficult to prove. I have asked them what led them to remove the passenger from the plane so will see what they say.

Justice13075

Have you any idea why he was disruptive? Drunk?

legal_magpie

Can you find out who the passenger was? If he owns a house or has other assets you might try suing him for loss and inconvenience caused by his behaviour on the basis that it was entirely forseeable that his actions would have these consequences. Iam NOT suggesting that you would definitely win but it would be interesting to have a go. Of course you'd want to get in first before all the other passengers.

samwardill

Is it still possible to claim flight delay compensation as a breach of contract under Section 75 of the consumer credit act? There used to be a few references to this on MSE & Which but they seem to have disappeared.

tiesto

I've asked BA what led to him being deplaned and they have informed me that they cannot discuss details about an individual with a third party without first obtaining permission from the individual. Think I might see if one of the flight compensation law firms will take this on unless anyone has any other ideas?

Justice13075

Put your flight details into EuClaim and Bottonline and see what they say or post them here.

tiesto

I tried Bott & Co Solicitors and they turned me down.

Justice13075

What did EuClaim say. Post your flight details.

tiesto

The flight was BA2238 departing Lima on the 4th December.

Bott said:

"We're really sorry to tell you that we have reviewed your flight claim and unfortunately we feel that it is unlikely we would be successful in recovering compensation for you on this occasion.

The law states that an airline is not obliged to pay compensation where the disruption was caused by extraordinary circumstances.

It would appear that your flight was affected by a disruptive passenger and in our opinion a court is likely to consider this to be an extraordinary circumstance.

Under these circumstances we won't be able to progress with your claim any further."

And EUclaim said:

"Our data shows that the airline can claim 'exceptional circumstances' e.g. there was a strike or bad weather conditions. This means they can't be held responsible and can't be forced to pay compensation.

While it is possible to claim compensation it's unlikely you'll be successful. We recommend not pursuing this case."

Justice13075

Looks like no claim but you can still write a letter before action which you can find in Vaubans Guide and see what they say. They usually won't tell you the full circumstances until you have issued court proceedings.