Compensation for delayed flights Discussion Area

batemansxxxb

samtheman1k said:

Hi, I put in a Resolver complaint for BA for a cancelled flight a week ago.  I got the very handy reminder from Resolver saying it's been a week, and I should chase up (I've had no response from BA).  When I log onto Resolver, it says there's no escalation possible. 

So I'm confused.  

Do I send BA another email requesting a response, or do I need to wait longer?  Or is it time to escalate to CAA?
Thanks!

Resolver didn't work for me, ba just ignored the email,as did a direct email to both customer services & the ceo
use the ba app  go to the  3 lines at the top right of the page & select contact us it directs you to a page that says this page doesn't exist, but redirects you to ba homepage,at the bottom of the page tap on help and contacts it directs to an faq page you'll see get help with something then if your flight is delayed or cancelled  just follow the links & it eventually brings you to a page where you can submit a compensation claim, it worked for me,

RKClarke

Hello, first time posting on here in several years so please be gentle!
I flew from MALE to DOHA then DOHA to LHR in July last year with Qatar Airways. We sat on a boiling hot plane for several hours, then due to technical issues (they'd been trying to fix whilst we sat there), we got instruction to disembark, we were put up in hotel and flew 24 hours later. 
I wrote to Qatar Airways soon after return, outlining that I wanted a refund for out of pocket costs (paid for upgraded seats not delivered on replacement plane, an extra day's parking costs and an unconnected £150 telephone cost -3 calls to their help desk to resolve unsuccessfully some late flight changes where they had moved me but not my wife onto another flight without us requesting it. I also asked for compensation for 24 hour delay.
They replied about a month ago after me chasing several times, rejected my claim, stating it was outside of their control. Not sure how they reached that conclusion given it was clearly technical issues that grounded it. I wrote back stating this but have heard nothing, I suspect they have treated the matter as closed.
Cany anybody advise how I can proceed? There appears to be barriers whichever course I choose: CAA does not cover such a flight/carrier, they're not signed up to any similar schemes (Montreal for example). Small claims? I'm not sure if Qatar Airways can be sued under UK law. Anything you folks can advise would be helpful. 
 

Westin

RKClarke

As your flight departed from outside the U.K./EU on a non U.K./EU airline then the current legislation for flight disruption that we have in the U.K. does not apply.

From personal experience I suspect QR will dig their heals in and not offer compensation, or at best you might get a few Avios or a small $ credit offered off a subsequent flight.

Might be time to let this go.

eskbanker

RKClarke said:

Small claims? I'm not sure if Qatar Airways can be sued under UK law. 

Your first port of call needs to be ascertaining if they've actually broken any law or regulation, or breached the terms of your contract, i.e. what was the legal basis of your claim?

Alternatively, do you have any travel insurance that might cover some or all of your incremental costs?

Caz3121

RKClarke said:

 I wanted a refund for out of pocket costs (paid for upgraded seats not delivered on replacement plane, an extra day's parking costs and an unconnected £150 telephone cost -3 calls to their help desk to resolve unsuccessfully some late flight changes where they had moved me but not my wife onto another flight without us requesting it. I also asked for compensation for 24 hour delay.

I would have expected them to reimburse you for the seat upgrade that was paid for and not provided but probably nothing else
I am not aware of any compensation regime that would cover that airline/routing
did you make claim with your travel insurance for the expenses; parking etc?

Allart

Hello, I haven’t found the answer from searching.
I have read an article online that if an EU carrier contracts a flight onto a non-EU carrier (in my case BA to AA) then the EU regulation for compensation is passed onto the non-EU carrier. Is this correct or is it mis-information? The flight was US to UK, so appreciate that if this was direct booked through AA then it wouldn’t be eligible for compensation, but as booked through BA the aforementioned article suggests this maybe a grey area.

Thanks for any definitive answer.

Caz3121

Allart said:

Hello, I haven’t found the answer from searching.
I have read an article online that if an EU carrier contracts a flight onto a non-EU carrier (in my case BA to AA) then the EU regulation for compensation is passed onto the non-EU carrier. Is this correct or is it mis-information? The flight was US to UK, so appreciate that if this was direct booked through AA then it wouldn’t be eligible for compensation, but as booked through BA the aforementioned article suggests this maybe a grey area.

Thanks for any definitive answer.

I assume you purchased a codeshare flight which was an AA flight. As compensation is based on the operating carrier there would be no compensation for an AA flight delay departing the US.
Not sure on the article you refer to but possibly it refers to wetleases where an airline leases a plane and crew to operate a flight on their behalf and provide a service under their instruction. (Some of the airlines that provide wetleases do not have their own scheduled services.)

Allart

Caz3121 said:

Allart said:

Hello, I haven’t found the answer from searching.
I have read an article online that if an EU carrier contracts a flight onto a non-EU carrier (in my case BA to AA) then the EU regulation for compensation is passed onto the non-EU carrier. Is this correct or is it mis-information? The flight was US to UK, so appreciate that if this was direct booked through AA then it wouldn’t be eligible for compensation, but as booked through BA the aforementioned article suggests this maybe a grey area.

Thanks for any definitive answer.

I assume you purchased a codeshare flight which was an AA flight. As compensation is based on the operating carrier there would be no compensation for an AA flight delay departing the US.
Not sure on the article you refer to but possibly it refers to wetleases where an airline leases a plane and crew to operate a flight on their behalf and provide a service under their instruction. (Some of the airlines that provide wetleases do not have their own scheduled services.)

Thank you. It sounds like it isn’t covered. I can’t post links. It was on simpleflying.com with title eu261 applied to non EU carriers. I may have misinterpreted due to lack of understanding. 

Alan_Bowen

I am afraid 'simple flying' is frequently 'too simple' The rule applies to non EU airlines when they form part of a single journey leaving the EU, so BA to New York with a connecting AA flight to Buffalo, if the AA flight is delayed or cancelled, 261 may apply but on the return journey it wouldn't so a delayed AA flight back to the UK does not attract 261 protection

RKClarke

eskbanker said:

RKClarke said:

Small claims? I'm not sure if Qatar Airways can be sued under UK law. 

Your first port of call needs to be ascertaining if they've actually broken any law or regulation, or breached the terms of your contract, i.e. what was the legal basis of your claim?

Alternatively, do you have any travel insurance that might cover some or all of your incremental costs?

Yep, first thing I outlined to them, if you pay for something offered by an organisation, they fail to deliver, in this case, upgraded seating, then they should refund that money. Plus, whilst they stated to me the aircraft delay was outside their control is, as I pointed out to them, their plane, it was broke, they couldn't fix it, their fault. I, and my wife had insurance but the costs I'm claiming would be significantly eaten up by excess.