Compensation for delayed flights Discussion Area

JPears

If you didn't seek interest in your rejuvenated claim, I think it would be hard to justify a retrospective claim and even more difficult through the court as BA have offered payment.
If you did include a claim for interest in your claim then you may have a case to demand this from BA and seek legal redress if they don't offer something.

caveman8006

JPears wrote: »

4 hours earlier - my interpretation is no compensation due as the reg states " departing more than 1 hour before AND arriving more than 2 hours after scheduled arrival. The important (and unfortunate word ) is AND since legally it links the early /late as a requirement for compensation.
23 hours later - compensation probably due...

Going back to this reply regarding an offer of re-routing more than 1 hour before original departure, I read the law as indicating that the airline could refuse to pay if the alternative left less than 1 hour early AND arrived less than 2 hours late. If so, then isn't the logic the other way round: making them liable if either condition is breached eg. in this case because the re-routing was more than 4 hours earlier...?

JPears

I thought the re-routing was less than 1 hour earlier, not 4 hours? 12.00 as opposed to 12.55?

JPears

What are other regulars' thoughts on this conundrum?
The regulation states:
" departing more than 1 hour before AND arriving more than 2 hours after scheduled arrival. "
The important (and unfortunate word ) is AND since legally it links the early /late as a requirement for compensation.
As a poster has pointed out, if you are re-routed at short notice on a flight 4 hours earlier, (and arrive earlier) are you still due compensation?
From my interpretation, it would appear not?

Vauban

JPears wrote: »

What are other regulars' thoughts on this conundrum?
The regulation states:
" departing more than 1 hour before AND arriving more than 2 hours after scheduled arrival. "
The important (and unfortunate word ) is AND since legally it links the early /late as a requirement for compensation.
As a poster has pointed out, if you are re-routed at short notice on a flight 4 hours earlier, (and arrive earlier) are you still due compensation?
From my interpretation, it would appear not?

The regulation says (in Article 5.1) that in the event of rerouting, where notice given of the cancellation has been less than 7 days, passengers have the right to compensation as laid out in Article 7 UNLESS they "are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival." In others words, both conditions have to apply to preclude compensation (ie take off within an hour AND landing within two hours of original schedule). If either doesn't happen, then compensation is due.

The interesting thing (to my mind) is the inconsistency this potentially creates. If you are rerouted onto a flight that leaves about the same time as the original flight but arrives two hours late, you get compensation - which you wouldn't get if you stayed on your original flight (which would need to be three hours delayed).

JPears

Have you not just contradicted yourself there? Surely the flight has depart at least an hour earlier, not at about the same time, as well as be 2 hours later to qualify for compensation? ie 3 hours or more total?

Wasn't this an argument used in one of the legal cases?

Vauban

JPears wrote: »

Have you not just contradicted yourself there? Surely the flight has depart at least an hour earlier, not at about the same time, as well as be 2 hours later to qualify for compensation? ie 3 hours or more total?

Wasn't this an argument used in one of the legal cases?

No JP you are reading it the wrong way round.

In order NOT to qualify for compensation, the replacement flight has to leave within an hour of original departure AND be no later than two hours after the scheduled arrival. If either of those conditions isn't met, compensation is payable.

JPears

Ahhh....
Its been a long, long day. And I don't have a nice hat
But holiday tomorrow, courtesy of a Jet2 flight. On time, we hope...

Vauban

JPears wrote: »

Ahhh....
Its been a long, long day. And I don't have a nice hat
But holiday tomorrow, courtesy of a Jet2 flight. On time, we hope...

Bon vacance!

Justice13075

Doesn't a part of you wish for a 3 hour delay, go in be honest.