Compensation for delayed flights Discussion Area

Yorkshirerose15

Thank you very much, that's really helpful x

123rachel123

Hi, hoping someone can give me some advice!

My flight was delayed from male to gatwick by 8hrs, meaning we arrived the following morning rather than the night before. We had booked a hotel for the arrival at nighttime and obviously didnt get use of this.
I put a claim in with BA as the delay was due to the captain "twisting his ankle" whilst walking around male. We know this as we were talking to crew whilst waiting to board at the gate. We had to wait for a captain to be flown out, have day rest and then fly us back.

It was at least 24hrs prior to the flight that they were aware of it, I had checked my app to see estimated time and that's when I realised. I then checked in online24hrs before original flight time and it was still stating the late delay. I was then informed via email of the new flight time. Prior to this I had seen on the twitter account that they had responded to people tweeting, asking why the delay.
It was the first officer that actually told us at the gate that the pilot had twisted his ankle the day before, his own words "I was with him walking around male, and it just went over" he even gave a little demonstration! It was him that told us the replacement had been flown out that morning, had day rest,and then had to fly back. (I'm also pretty sure he wouldn't of been sitting at the back of the plane!!)

I've just had a response from BA saying they won't pay out. Please see the response below.

"Your claim for compensation has been refused because flight BA2042 on 08 January 2015 was delayed due to captain reported sick on previous sector which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation.

Unfortunately airline operations are subject to circumstances outside the airline's control. British Airways takes all reasonable measures to avoid delaying a flight in such circumstances. Consideration is given to whether there are any operational options available before a decision to delay is made. We are sorry that the delay was necessary in this case."

Can anyone tell me if this is reasonable for them to not pay outing this situation?! I am aware you some times need to fight the case to get some thing, but I wasn't expecting to get shut down so quickly!

Vauban

In brief (Broadchurch is about to start!)

howticklediam wrote: »

Once the defendant has filed a defence can they change, add new info without declaring it, and retract a statement?

Not without giving you reasonable notice, and if they want to submit new statements after the order date, they need the permission of the court (though in my experience they get it). Read up on my experience - it's what they did to me.

howticklediam wrote: »

And if they are calling witnesses, do they have to say who and why so I can cross examine?

Yes they do. I think claimants should insist on calling and cross examining witnesses, particularly if you have evidence that what they are saying is contestable.

howticklediam wrote: »

Also, if you have uncovered new evidence, do you have to declare it? Do you have to file a response to the defence, or can you keep it all under wraps until the hearing?

Any evidence that you want to rely upon needs to be disclosed in advance, in accordance with the judge's Order. But the arguments you want to use can be kept fresh for the day - and you can put these in a short document called a "Skeleton Argument". This shouldn't have new material facts though - but you can pull together the threads of your evidence into a seamless killer punch!

howticklediam

Vauban wrote: »

In brief (Broadchurch is about to start!)



Not without giving you reasonable notice, and if they want to submit new statements after the order date, they need the permission of the court (though in my experience they get it). Read up on my experience - it's what they did to me.



Yes they do. I think claimants should insist on calling and cross examining witnesses, particularly if you have evidence that what they are saying is contestable.



Any evidence that you want to rely upon needs to be disclosed in advance, in accordance with the judge's Order. But the arguments you want to use can be kept fresh for the day - and you can put these in a short document called a "Skeleton Argument". This shouldn't have new material facts though - but you can pull together the threads of your evidence into a seamless killer punch!

A very helpful reply again Vauban, I hope Broadchurch has finished. I read your guide quickly but I didn't see anything about tthe reply to defence. I am undecided whether to give a very detailed reply to defence that covers all the arguments in full and tick the box for mediation, or keep it brief and argue the case in court.

They have said they are calling 2 witnesses and that they don't want mediation. But I think they are trying to act tough.

Caz3121

123rachel123 wrote: »

Hi, hoping someone can give me some advice!

If you go back to your duplicate post on the BA thread from last week you will see that you got responses there

123rachel123

Caz3121 wrote: »

If you go back to your duplicate post on the BA thread from last week you will see that you got responses there

Yes thankyou. I wasn't sure if anyone different posts on this page, that wouldn't of seen it on the specific BA thread.

dgc188

Thank you Martin.
Following an 17 hour delay in getting to Dalaman back in May 2012 due to a technical problem, Thomas Cook have finally come up with the cash (or at least a promise of) direct into the bank within 28 days after initially sending vouchers, which were refused.:j
Thanks for all the info presented across the media.

13pinewood

apearson1 wrote: »

We were delayed due to a passenger attempting to flush a nappy on the preceding flight and in doing so blocked the toilet system. Our Gatwick flight eventually left from Manchester 11 hours and 45 minutes late.
Our claim has been rejected by Thomson due to them disputing between exceptional and unexceptional circumstances.
Their legal department will not engage with us and merely repeat that the delay was caused by a blocked toilet. We have now largely given up but would be interested to hear from anyone on this matter.

Hi. Look at my message dated 16/1/15 (about 3/4 above yours). I spent nearly 2 years trying to get compensation. They said that the delay was due to the aircraft having to 'effect a rescue' whatever that means. However, they accepted my claim and paid up. My flight was only a month before yours.
13pinewood

Vauban

And in other news, airlines are still trying to wriggle out of paying their compensation shock:

http://www.thisismoney.co.uk/money/holidays/article-2918943/Airlines-new-excuses-reject-compensation-claims-flight-delays-4-budget-carriers-ask-consumer-claims-hold-ahead-crucial-European-court-decision.html

Vauban

And for those interested in the "connecting outside the EU" debate: http://www.flightdelays.co.uk/blog/2015/1263/who-will-win-between-schenkel-and-folkerts