Compensation for delayed flights Discussion Area

loates123

has anyone ever got any think back from ba from outside the eu

i had a flight delayed from Tampa to Gatwick for 24 hrs in july they did put me up in a hotel etc but still was a pain

some said it was because of too much traffic flying into Gatwick due to the Olympics others said that ba were short staffed

was going to complain to ba in writing but i am yet to see any success stories so far so guess i would be wasting my time

Mark2spark

loates123 wrote: »

has anyone ever got any think back from ba from outside the eu

i had a flight delayed from Tampa to Gatwick for 24 hrs in july they did put me up in a hotel etc but still was a pain

some said it was because of too much traffic flying into Gatwick due to the Olympics others said that ba were short staffed

was going to complain to ba in writing but i am yet to see any success stories so far so guess i would be wasting my time

This thread contains numerous success stories from BA.
I suggest you read more.
Even more info is on the BA frequent flyer forum:

http://www.flyertalk.com/forum/british-airways-executive-club/1423973-ba-compensation-thread-beta-your-guide-regulation-261-2004-a.html

Mark2spark

Centipede100 wrote: »

I would like to draw MSE posters attention to the following thread regarding 261/2004 over on the BAEC part of flyertalk:

http://www.flyertalk.com/forum/british-airways-executive-club/1423973-ba-compensation-thread-beta-your-guide-regulation-261-2004-a.html.

Although written from a BA passenger perspective, much of the advice on the first few posts on the thread offers guidance and clarification which contributes massively to the overall knowledge base of the average passenger, particularly with respect to the options available whilst travelling by air.

I suggest it is read in addition to the FAQs produced by Blindman and re-posted by Mark2spark in this thread BEFORE posters continue to post the same or similar questions in this thread.

I will amend the FAQ's to include this link when time permits.

Mark2spark

tinker1234 wrote: »

Hi Everyone,

I hope someone can help me out.

I'm writing my letter for compensation on a delayed flight to Goa. I booked my flights through First Choice but my flight was with Thomas Cook.

Who do i address the letter to?

Thanks in advance.

Thomas Cook.

Mark2spark

cathy1453 wrote: »

Has anyone had any success with a claim from Thomas Cook? I didn't keep my emails so have no booking reference and they are saying they have no record of me as a passenger on the flight - which was in March 2012. I'm thinking this must be a scam - surely they know who gets on their planes?

Anyone got any advice? I paid with my debit card, so I'm currently seeing if my bank has any reference details they can give me.

So you have made contact with them, and you have the flight numbers?
You further have evidence of paying for the flight via bank, therefore you have enough to issue a MCOL IMO.

Mark2spark

111KAB wrote: »

For those who haven't read my claim I quote from the Airlines defence ...."The Claimants are put to strict proof as to whether they were actually on the said flight".

...I have switched my response to place the onus upon the airline to prove I wasn't on the plane. Even though I have receipts from the departure airport the day of the delay and the arrival airport the day after this is not absolute proof.

A couple of possibilities.
1) A request for an afidavit from the airline to confirm that you was not on the flight to the best of their knowledge.
2) An enquiry to UK border agency to see if they can confirm you coming through passport control into the UK on the said date.

Mark2spark

Vauban wrote: »

Err, except that a) this isn't formal British Airways policy: it's just one of their punter's personal - albeit well argued - interpretation of the law, posted on another forum; and b) even if it were BA's official public legal view, it wouldn't necessarily commit other airlines: it's still the Courts that make the call.

IMHO you are better off quoting the extract of view of the ECJ's Advocate General that was posted here a couple of days ago. That's just as definitive and has more gravitas (though it would still be for the DJ to make the call).

The link to the ECJ judgement and advocate general opinion has been reproduced many times.
People do not seem interested in reading and learning for themselves.
Therefore the BA thread, written in plain English, is another good link that might help people understand the details.
Yes it's not a legally binding stance from BA, just a well written scope of the rules and regs.

Mark2spark

FAQ's with amendments.

All blue words are links to relevant posts. Some are quoted just to save you doing that

WARNING
Claiming may not be a walk in the park. So research this (long) thread and the MSE article in order to discover useful information before you ask a question!

Airline bust= no claim

Anything from 17th Feb 2005 -you can claim but if the airline says no - you can't take them to court.

Flight Stats

Small claims time limit Its 6 years

Package holiday flights ARE covered.

Regulation261\2004

MSE article corrected

Technical fault with plane is NOT "extra ordinary circumstances" so you CAN claim
Extraordinary circumstances + Extra ordinary Circumstances
Technical issues
More Technical issues with background

Thomas Cook address
Thomas cook incident Oct 26 2012

KLM Claim form
Ryanair address
BA Address
BA complaint web-site

BA forum explaining the regulation in plain english *ESSENTIAL READING*

Jet airways address
Compensation per person + Monarch email
Monarch Claim form

Centipede100 Template letter
CAA Template letter


Airline claims 2 years maximum to claim The UK time limit is 6 years, - that's the Law

Judgement on 22nd NOV confirms the limit is whatever applies in the Country-UK is 6 years
CAA Denied boarding
Right to Care
European small claims

Original Sturgeon judgment giving rise to delay compensation:

Legal challenge to Sturgeon judgment:

MCOL:

Successful claims
Juice_terry EasyJet Liverpool Menorca August 2012 400 Euros per pax
Mooeyitfc Swiss Airlines LCY-Zurich £400
Wheetyfree easyJet flight 5068 Nice to Gatwick on 19th October 2012
Dominicbond BA208 on 24 May2012 €600
Conan WizzAir Unspecified
fabkids BA UK-Australia 08\2012 €600 each,
...and many others since...

lizzywills

I was due to fly to heathrow from Dubai at 02.55 monday morning. I got a text from BA at 2pm today saying my flight had been cancelled, no explanation as to why. It said I could re book for free, but when i looked at the options the first available flight is THURSDAY.

I need to be at work and my child back at school on tuesday. I phoned the number BA said to use, it took an hour to get through, the only advice the guy gave was to go to the airport tonight at 11pm and see if BA could get me on another airlines flight to heathrow. But he said if I book a new flight I cant try and get home tonight via this method. He said nothing about where i would stay, what I would do, I ended up in tears.

I have booked a flight for thursday which means i will have to take unpaid leave from work. can I be compensated for this? Im so stunned at the lack of advice and help, I dont know who to turn to, BA or my insurance company

Can anyone give me any advice as to who should be taking responsibility for us,

Thank you in advance

Caz3121

BA are responsible to get you back (and, unless they can prove the cancellation is out of their control, pay compensation too) they are also responsible to 'care' while you wait

Who have you booked the alternate flight with? is it refundable?

I would call BA back and insist they they rebook you back to London on another carrier as is your right as per Regulation 261/2004 (see link in post above yours - articles 5, 7 and 8) you have the right to "a return flight to the first point of departure, at the earliest opportunity;"