Glasgow to London delay Sunday morning 22nd December ? entitled to compensation

martin1372

My wife our 2 children and my daughter friend were due to fly from Glasgow to Gatwick this morning. Flight BA2953. Got to the airport to be told flight delayed by 5hours (due to arrive Gatwick 13:47 instead of 08:55). The reason given was that the crew needed rest time.
However were switched onto flight BA1477 which arrived at Heathrow 11.07. I think they are entitled to compensation but it is unclear on the BA forum. Taken from the BA guide.
The Reduced Amount (50% reduction) applies if BA re-routes you on another service that gets you to your destination, but under the 2 / 3 / 4 hour delays mentioned above. If you are NOT rerouted AND your delay is below the number of hours shown above, you are not eligible for compensation under EU261. See section 5 on categories and section 7 for the separate arrangements for downgrades and finally Post 3 below has more detailed information on this area. In some cases BA will hand over a pre-paid debit card, holding this money - you need to check whether acceptance of this card is for goodwill, towards meeting their EU261 responsibilities or both.

I have just been to court with Thomas Cook and won so I have a bit of knowledge but unsure on this one and advise needed.

David_e

martin1372 wrote: »

I have just been to court with Thomas Cook and won so I have a bit of knowledge but unsure on this one and advise needed.

Could you post on the BA thread to avoid cluttering the forum.

martin1372

I am looking for advice as to whether I have a claim. That is why I have not posted on the BA thread.

JPears

martin1372 wrote: »

I am looking for advice as to whether I have a claim. That is why I have not posted on the BA thread.

Erm, which is what the BA thread is for.....

martin1372

I am asking the question whether I can claim compensation as they were delayed just over 2hours and had to arrive at a different airport. I have amended the thread.

Mark2spark

If the final arrival time at Gatwick was over 3 hours then you *might* have a claim. That's the starting point. Whether they claim EC's, or not, is the 2nd hurdle.
Read the EU261/2004 Regulation yourself (linked in the FAQ's) and see the wording for yourself.

Alan_Bowen

Might just have had something to do with the weather. I drove in the worst storm I have ever experienced yesterday, had it not been to attend a funeral I wouldn't have moved outside the door. As you will be aware weather is outside the airlines control and they clearly offered an alternative flight which was accepted, I see no claim whatsoever

Mark2spark

But if the alternative flight departed from the same original departure airport Alan, then 'weather' affecting the original flight is a harder EC to justify, surely?

Vauban

I don't think this was weather related. It happened a couple of days ago - before the big storm.

martin1372

The original delay was on Sunday morning. The Glasgow to Gatwick flight was 5hours delayed as the crew did not have enough rest time. My wife and the 3kids then transferred onto the Heathrow flight. They landed at Heathrow 2hours 15minutes delayed. They were offered free transport to Gatwick but declined and took the tube into Central London.
The issue here is to do with timing. BA cannot claim extraordinary circumstances. I have already been to court with Thomas Cook and defeated them on extraordinary circumstances.