BA 2157 Tobago with touch down in Antigua

We took this flight on 16th January 2023. When we got to Antigua crew told us we had to disembark and there would be a slight delay. Ground staff told us differently and it seems this is a relatively common event, hence a new thread. We along with other passengers at our hotel lodged claims straight away, we lost our first evening of our holiday and arrived about 8 hours late. Antigua airport is not great for long delays and I wont go into the debacle of our passports being taken away, it wasnt a pleasant experience! Our travel agent was not interested at all. BA told us we weren't entitled to compensation because the delay was caused by crew sickness. It took us until the 23/3 to get our deadlock letter and then filed a complaint with the CEDR. We followed the advice on here.  We passed basic checks on 20/4. Finally in early August we were told BA would pay up, firstly in 15  days then after that date passed 20 days, finally we got the money on 11/10. All of us were told the same thing and basically go away. We were a little more stubborn although at the start we would probably have taken a voucher but the attitude of  BA really made me angry. Naturally we have told our fellow passengers as much as we have been able and it seems BA just wants their passengers to go away and believe the excuses they use. It would I am sure have been quicker to go to the lawyers who advertise online but they take 30% minimum. CEDR isn't difficult but you do need to be patient sadly, when BA asks again for your payment details it doesn't take long. Don't give up crew sickness is not a valid reason

Comments

  • eskbanker
    eskbanker Posts: 29,884
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    Whether or not crew sickness qualifies as extraordinary circumstances (thereby negating compensation obligations) is a matter due to go to the UK Supreme Court soon - the previous (passenger-friendly) Lipton v BA City Flyer judgment has been appealed by the airline, so it'll be interesting to see the outcome when it finally arrives, but at least one other airline (Jet2) is refusing such claims pending the decision.

    https://www.judiciary.uk/wp-content/uploads/2022/07/Lipton-v-BA-City-Flyer-judgment.pdf

    Crew sickness
    The question of whether compensation should be paid in the event of crew sickness is currently being considered by the Supreme Court (the highest appeal court in the country) in the case of Lipton v BA City Flyer. We are not currently processing claims related to crew sickness until after the ruling. We would be happy to look again at claims after the court has clarified the law.

    https://www.jet2.com/en/delays-and-cancellations
  • silvercar
    silvercar Posts: 46,755
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    I understand the appeal by the airline, whereas having substitute crew in say Heathrow should be expected of our national airline, having a standby crew in Antigua is beyond expectations.
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  • eskbanker
    eskbanker Posts: 29,884
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    silvercar said:
    ...our national airline...
    To be pedantic, BA haven't held that status since 1987, so have no more right to that title than, say, Virgin Atlantic or EasyJet, despite what the (Madrid-registered) IAG publicity machine will claim!
  • bagand96
    bagand96 Posts: 6,025
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    edited 22 October 2023 at 11:55AM
    silvercar said:
    I understand the appeal by the airline, whereas having substitute crew in say Heathrow should be expected of our national airline, having a standby crew in Antigua is beyond expectations.
    It is a fair point.  An airline could reasonably be expected to have standby crew available at major operating basis, and indeed they do.  But at destination where they have no base?  It seems rather punitive on the airlines in that case.
  • Westin
    Westin Posts: 5,888
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    edited 22 October 2023 at 12:09PM
    In the case when a passenger, or airline crew member, has an accident, feels unwell, seeks medical intervention, I always find it quite unpalatable that others seek to benefit from the misfortune.  A personal opinion I know but I just couldn’t think about a compensation claim in those circumstances.  If my loved ones, friends or I were taken unwell on a flight I would just hope for the necessary care and some tolerance to the situation from others.  I always think similarly of coming across someone collapsed in the street.  Most I am sure would unselfishly offer aid even if it delayed them on their own journey. Some I guess might walk past, ignore matters, not wishing to be inconvenienced. Todays society has changed - not for the better.
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