European Court of Justice ruling about arrival time

Hi,

I logged a claim with BA for a delayed flight 2 years ago. The flight landed at Heathrow with 165 min of delay, but we then had to wait another 25 minutes for stairs to be brought to the plane (at that point, people were swearing), so the overall arrival delay was more than 180 min/3 hours.

BA closed the claim, stating that the landing time is the arrival time.

However, the ECJ has stated a couple of weeks ago that arrival time was in fact the time the passengers could leave the plane.

Has anybody had any luck in re-opening old claims rejected, based on that ECJ decision?

I find the fact that BA rejected the claim by 15 min, and didn't provide any compensation at all, knowing that the actual overall delay was much greater, and entirely their fault, disgraceful, so I intend to make them pay.

Thanks,
S.

Replies

  • VaubanVauban Forumite
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    Good. Write to them again, with a copy of your correspondence. The difficulty I suspect is that the deboarding time is not recorded. But if you put the allegation to them previously, and they didn't refute it, it should put you in a good position. Of course all then depends on the cause of the delay ...

    (This post would have been better off in the BA thread, rather than starting your own btw!)
  • sebtomato wrote: »
    Hi,

    I logged a claim with BA for a delayed flight 2 years ago. The flight landed at Heathrow with 165 min of delay, but we then had to wait another 25 minutes for stairs to be brought to the plane (at that point, people were swearing), so the overall arrival delay was more than 180 min/3 hours.

    It happened 2 years ago and i don’t think so you have proof that defines it took 25 minutes to brought stairs for the plane. So, my suggestion to you to write them back with enough proofs in hand.
  • edited 5 October 2014 at 3:59PM
    sebtomatosebtomato Forumite
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    edited 5 October 2014 at 3:59PM
    Well, they have replied stating that they were not aware of the ECJ ruling.

    I sent them a few links, and they have gone very quiet now, I guess reviewing those.

    Basically, when I first opened the case, they confirmed several times that the delay, as far as they were concerned, was "only" 165 min, time of touch down. It's backfiring on them now. We taxied for a while, and then waited another 25 min for some stairs to be attached to the plane, and then took a bus.

    They should have provided some compensation the first time, as opposed to rejecting the full claim.

    I have proofs that the door was only open long after 3 hours, and we only reached the terminal a long time after that. The crew sat at the back of the bus, as people were swearing!
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