Flight Delay Help - British Airways
mcscoobs
Forumite 77 Posts
Hi all,
Need some advice as I've hit a brick wall with regards my compensation claim. Back in August, flying back from Cyprus to Gatwick, I was delayed 14 hours (11.40pm flight changed to 1.30pm next day), with my partner and 2 toddlers (aged 1 & 2). I was told at the time that the previous flight over ran and therefore staff couldn't continue working because it went beyond their working time agreement. BA took us to a hotel an hour away to sleep. But it did mean changing work arrangements, airport parking and other little amendments.
I used Resolver and wrote this to them on 19th August:
Dear customer services team,
I am writing regarding a delayed/cancelled British Airways flight.
The judgement of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation, as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this flight. The details are as follows:
Booking reference: LI95Z9
Existing complaint reference:
Flight number: BA2674
Departure airport: Larnaca
Scheduled departure time: Sat 17/08/19 23:40
Arrival airport: London Gatwick
Number of passengers: 4
Based on the above details, I am seeking the fixed compensation as specified in EC 261/2004.
Flight was delayed from 23:40 on 17th August until 13.30 the following day (a 14 hour delay). This meant us rearranging work and airport parking arrangements. Plus with two children under 2 years old, this was logistically a nightmare. We were provided eventually with accommodation, but the food on site was inadequate (hot food was stone cold and barely any choice).
I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.
Yours faithfully
I had no response. So I chased this and escalated on 2nd September, 23rd September and 14th October. I finally got a response 3 months later, on 4th November, stating:
Please Quote in Subject: 11.17.006.3161
Dear Sir,
With reference to your complaint regarding flight BA 2674 from Larnaca to Gatwick on 17/8/2019, we inform you that after assessment of the evidence at our disposal we have concluded that exceptional circumstances occurred on the aforementioned flights; therefore you are not entitled to compensation according to the relevant provisions of EU 261/2004. The reason for the delay was due to ATC Staffing and Capacity Issues.
Please note that the advice and/or opinion given by us, as the National Enforcement Body under EU Regulation 261/2004 is not binding on the air carrier or the Courts, in respect of individual complaints. Therefore, if you are still not satisfied with the airline's response, to any claim for compensation, even following our opinion, you will have to pursue the matter directly through the Courts or by means of alternative out-of-court dispute resolution mechanisms established in your country.
Please be advised that the Department of Civil Aviation considers your case closed.
Air Transport and Airports Section
Department of Civil Aviation
27 Pindarou Street
1429 Nicosia
Cyprus
I've not responded as yet. Is there anything I can do now? Thanks in advance!
Need some advice as I've hit a brick wall with regards my compensation claim. Back in August, flying back from Cyprus to Gatwick, I was delayed 14 hours (11.40pm flight changed to 1.30pm next day), with my partner and 2 toddlers (aged 1 & 2). I was told at the time that the previous flight over ran and therefore staff couldn't continue working because it went beyond their working time agreement. BA took us to a hotel an hour away to sleep. But it did mean changing work arrangements, airport parking and other little amendments.
I used Resolver and wrote this to them on 19th August:
Dear customer services team,
I am writing regarding a delayed/cancelled British Airways flight.
The judgement of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation, as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this flight. The details are as follows:
Booking reference: LI95Z9
Existing complaint reference:
Flight number: BA2674
Departure airport: Larnaca
Scheduled departure time: Sat 17/08/19 23:40
Arrival airport: London Gatwick
Number of passengers: 4
Based on the above details, I am seeking the fixed compensation as specified in EC 261/2004.
Flight was delayed from 23:40 on 17th August until 13.30 the following day (a 14 hour delay). This meant us rearranging work and airport parking arrangements. Plus with two children under 2 years old, this was logistically a nightmare. We were provided eventually with accommodation, but the food on site was inadequate (hot food was stone cold and barely any choice).
I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.
Yours faithfully
I had no response. So I chased this and escalated on 2nd September, 23rd September and 14th October. I finally got a response 3 months later, on 4th November, stating:
Please Quote in Subject: 11.17.006.3161
Dear Sir,
With reference to your complaint regarding flight BA 2674 from Larnaca to Gatwick on 17/8/2019, we inform you that after assessment of the evidence at our disposal we have concluded that exceptional circumstances occurred on the aforementioned flights; therefore you are not entitled to compensation according to the relevant provisions of EU 261/2004. The reason for the delay was due to ATC Staffing and Capacity Issues.
Please note that the advice and/or opinion given by us, as the National Enforcement Body under EU Regulation 261/2004 is not binding on the air carrier or the Courts, in respect of individual complaints. Therefore, if you are still not satisfied with the airline's response, to any claim for compensation, even following our opinion, you will have to pursue the matter directly through the Courts or by means of alternative out-of-court dispute resolution mechanisms established in your country.
Please be advised that the Department of Civil Aviation considers your case closed.
Air Transport and Airports Section
Department of Civil Aviation
27 Pindarou Street
1429 Nicosia
Cyprus
I've not responded as yet. Is there anything I can do now? Thanks in advance!
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This discussion has been closed.
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