Compensation for delayed flights Discussion Area

richardw

Cityboy wrote: »

We will regard the lack of complete disclosure of your defence at this stage as unreasonable conduct and will invite the court to consider this conduct at any later consideration of costs award in court proceedings that may be necessary to prosecute this claim.

Is this because of CPR 27.14 http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part27.htm#IDAOBZIC ?

richardw

Cityboy wrote: »

We also require to be furnished with full particulars of the actions and reasoning which led our flight to be delayed consequent to this technical problem, including why another aircraft could not be substituted to perform the intended flight (whether this aircraft is from your own fleet of aircraft or from another source).

Is this with reference to 'reasonable measures' as recitals 14 and 15 of regulation EC261/2004

(14) As under the Montreal Convention, obligations on operating air carriers should be limited or excluded in cases where an event has been caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. Such circumstances may, in particular, occur in cases of political instability, meteorological conditions incompatible with the operation of the flight concerned, security risks, unexpected flight safety shortcomings and strikes that affect the operation of an operating air carrier.
(15) Extraordinary circumstances should be deemed to exist where the impact of an air traffic management decision in relation to a particular aircraft on a particular day gives rise to a long delay, an overnight delay, or the cancellation of one or more flights by that aircraft, even though all reasonable measures had been taken by the air carrier concerned to avoid the delays or cancellations.

themilkman23

So bit of an update.

We were stuck in Vegas because of the snow. Did everything were were told and sent the receipts off recorded delivery after being told they could not accept a credit card statement. After a month of chasing and being told they had not been scanned on yet finally admitted they had been misplaced and they would accept a credit card statement.

Now they have come back to say that they will only pay £25 per person per day for food. I cannot find a reference to this anywhere on BA's website but they are standing fast and will not budge.

We were also told on the phone when we eventually got through to them to rebook that they would allow for social activities and to keep the receipts. Now this is their word against mine that I was told it so am guessing I don't have a leg to stand on regarding this (we went to the cinema, a zoo and a show)?

But am I right in fighting the £25 food a day? We did go out for a proper meal in the evenings, but for breakfast we were having coffee and a bagel, but that was like £13 on it's own!

richardw

themilkman23 wrote: »

but for breakfast we were having coffee and a bagel, but that was like £13 on it's own!

Is that per person?

What was on/in the bagel?

themilkman23

richardw wrote: »

Is that per person?

What was on/in the bagel?

That was £13 for two bagels and two coffee's.

Which then technically left us £37 for the rest of the day for both of us to have lunch, evening meal and drinks (non alcoholic).

JPears

Once again many thanks Cityboy.
FYI breakfast in a hotel in Courchevel, France is £14 ?!! :eek:
Doesn't leave much for the rest of the day.

JPears

PS Cityboy, I have Which? legal cover.

themilkman23

Cityboy wrote: »

There is no limit on claims for reimbursement of expenses under Art 9 of EC 261/2004. That is not to say that it gives the passenger free rein to spend what they like as 'reasonable' is the final determining factor in this respect.

If you ate in a reasonable fashion and proved that by submitting receipts demonstrating such in your claim then IMO BA cannot refuse to reimburse such a claim.

Could you have eaten breakfast more reasonably in your hotel? I assume not but that is one of the tests that could apply in this situation. £6.50 per head for breakfast is not unreasonable but depends on where you are. In many countries of the world you can buy 3 days' meals for £6.50 but in Las Vegas (or London for that matter), that sum doesn't buy much more than a coffee and a Danish so I would consider that reasonable.

I assume you didn't keep copies of the receipts you sent to BA? If this occurs in future always send the copies to an airline and retain the originals. Given that BA have been careless and misplaced the originals then I would expect them to reimburse you in full for the allowed expenses under Art 9 in line with the itemised listing you presumably gave them in your claim letter. So long as the credit card statement backs up your claim to the cent for the meals/accommodation you ahve claimed then the airline is responsible for meeting that reasonable claim.

I wouldn't expect the airline to reimburse your social spending in any circumstances!

Once again Cityboy - thank you for your help.

The last email I had from them today said that they had representatives at all the airports giving out leaflets advising on the claiming limits and there are telephone numbers on their websites of regional offices which if we asked would have told us the limits.

I rang them up at this point and referred them back to my original complaint letter which stated that we tried to ring their offices for 36 hours and all we got was "thanks for calling but we are really busy" and the call hung up. Also that when we went to the airport there was no one there.

I have told them that I will not accept a penny less than what was paid out on my credit card for food and accommodation. If they offer any less than that then I will put it in the hands of the legal cover on my insurance. None of the entries on my credit card have any question marks over them as you could google the name of the company and it would show that it is a restaurant in Vegas.

P.S. The reason I asked about claiming for 'entertainment' as whenever I've been away for work we are allowed a certain amount to be used for going to the cinema etc, just to pass the time whilst away which is why I questioned it and was told to keep my receipts but it's clear now that I was told that to just get me off the phone

themilkman23

Oh well, just off the phone to a supervisor of the customer relations team who advised that they have no means to up the £25 limit so I have asked them to put this in writing to me so I can pass it onto my legal cover to claw back for me.

I've also asked them to send me the forms so I can pay the £10 to get a complete copy of my file.

richardw

Thanks to Cityboy for the letter in post number 1146 which includes some excellent points.