MSE News: BA flights chaos after IT meltdown

Vauban

Nick_C wrote: »

If the flights cost more than £100 per person, and if you paid by credit card, then you are protected by S75. The CC company is jointly liable with BA for the consequential losses.

Is this true? I had understood that the only consequential losses covered by Section 75 were those you have to pay out as a result of the failure to provide the service. In other words, if you need to buy a flight to get home, that would be covered by Section 75. But that wouldn't mean refunding the costs of unused accommodation, etc.

martinthebandit

I am sure it's totally unrelated to the lay offs of IT staff and the outsourcing of the work to India last year.

I'm sure it's just a coincidence

Nick_C

Vauban wrote: »

Is this true? I had understood that the only consequential losses covered by Section 75 were those you have to pay out as a result of the failure to provide the service. In other words, if you need to buy a flight to get home, that would be covered by Section 75. But that wouldn't mean refunding the costs of unused accommodation, etc.

Consequential loss can be claimed for any losses you unavoidably incur through BAs and the CC company's joint failure to provide the services you contracted for.

From personal experience;

I booked a trip to Budapest in 2012. I booked the plane tickets with my Halifax Mastercard and the hotel with my (Barclaycard) Hilton Visa card. The hotel was prepaid and non refundable.

Two weeks before we were due to travel, Malev (the Hungarian airline) went bust.

I claimed the cost of the flights back from Halifax, and tried to claim the cost of the hotel on my travel insurance. My Insurer said I was not covered for this.

I went back to Halifax and put in a claim under S75 for the cost of the hotel, booked with my Barclays/Hilton Visa card. Halifax paid up, as they were liable for the consequential loss, even though I had not used their card to pay for the hotel.

Vauban

Really interesting - thanks.

Nick_C

BA have finally agreed that EU261 applies:-

http://www.independent.co.uk/travel/news-and-advice/british-airways-flights-ba-it-system-outage-delays-compensation-airline-covers-cost-claims-eu-rules-a7763886.html

Pincher

Travel insurance is so cheap because they just about NEVER pay out.

Anything that they can blame the airlines with, they will, and then it's claim on the credit card company. Even when you get sick, they will demand that you crawl to the nearest hospital yourself, because they are certainly not sending anybody out.

One of these days, I expect somebody will be trapped in an avalanche, and manage to call the 24 Hour Medical Emergency Hotline, and some teenager who mans the phone will say, I don't speak French, and the supervisor is at lunch, could you call back later?

duncansoton

First part of my expenses claim has been agreed - accomodation/food and taxis, and will be paid directly into by bank account Monday apparently, they're still evaluating my claim for third party replacement flights (BA only fly twice a week), but so far so good on the expenses front. No word on the compensation claim yet.

Rosaboobie

In connection with BA compensation claims, my flight from Seattle to Heathrow was delaybed by EIGHTEEN HOURS on 18th May. My tour agent who filed a compensation claim on behalf of our Group has just informed me of BA's reply which stated "Your client's claim has been refused because BA0048 on 18 May 2017 was delayed because of a medical emergency on board your flight, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation. We take all reasonable measures to avoid delaying a flight and we always consider if there are any operational options available before we make a decision. We’re very sorry the delay was necessary in this case." The reason for the cancellation at the time was that the pilot had been taken ill many many hours before this flight's departure, and his relief had run out of legal working hours, and hence the 18 hour delay, so how on earth can they say it was a medical emergency on our flight which never even appeared on the Flight Schedule Board? I am 70 years old and had to queue up for 4 hours without water in a BA ticket queue to try and get home to Orkney, and they even tried to wriggle out of changng my return flights home at no expense to myself. Can they legally refuse to compensate us for this cancellation???

Tyzap

Rosaboobie wrote: »

In connection with BA compensation claims, my flight from Seattle to Heathrow was delaybed by EIGHTEEN HOURS on 18th May. My tour agent who filed a compensation claim on behalf of our Group has just informed me of BA's reply which stated "Your client's claim has been refused because BA0048 on 18 May 2017 was delayed because of a medical emergency on board your flight, which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation. We take all reasonable measures to avoid delaying a flight and we always consider if there are any operational options available before we make a decision. We’re very sorry the delay was necessary in this case." The reason for the cancellation at the time was that the pilot had been taken ill many many hours before this flight's departure, and his relief had run out of legal working hours, and hence the 18 hour delay, so how on earth can they say it was a medical emergency on our flight which never even appeared on the Flight Schedule Board? I am 70 years old and had to queue up for 4 hours without water in a BA ticket queue to try and get home to Orkney, and they even tried to wriggle out of changng my return flights home at no expense to myself. Can they legally refuse to compensate us for this cancellation???

Hi Rosaboobie,

Crew sickness is not a valid reason for the airline to refuse compensation.

If the reason is as you describe, then you are due 600 euros each plus any 'duty of care' cost that you incurred and have receipts for.

I presume you were all put up in a hotel ect?

Good luck.

JPears

rosaboobie - Probably not. Medical emergency EC really only applies to passengers but can be on a previous flight possibly. Or if flight crew, only on the flight concerned. As you say, if the pilot was ill many hours before your flight and another ran out of hours, that is BA's problem, an operational decision to run crew hours close to the wire.
If not already done, download Vauban's most informative guide (google) and carry on with your own claim, laying out your version of events clearly but concisely.
It will be easy for BA to say no to the tour agent, knowing that most passengers will accept their misinformation.
We don't here!