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British Airways Delay Compensation Refused

Hi,  My flight to Tenerife was delayed due to issue with aircraft.  Due to take off at 7.15am and delayed whilst a new plane and crew were organised to 2.30pm due to a technical fault that had not been repaired the day before.  In the meantime I rebooked via BA to the 1pm flight and have now been told that I am not due any compensation as I did not take the original flight.  I asked them to look a this again I was still 5 1/2 hours late reaching my destination due their delay but again has been refused as I did not fly the affected flight.  They pointed me to their website for guidance but this just said that I was entitled to compensation if I was 3 hours late or more.  It did not say that I had to fly the original delayed flight.  Should I continue to fight this? I feel they are fobbing me off.  

Comments

  • Voyager2002
    Voyager2002 Posts: 15,591 Forumite
    Combo Breaker First Post First Anniversary Name Dropper
    Yes, they are fobbing you off and you should continue to fight this.


  • eskbanker
    eskbanker Posts: 32,630 Forumite
    Part of the Furniture Photogenic Name Dropper 10 Posts
    Lynne141 said:
    Hi,  My flight to Tenerife was delayed due to issue with aircraft.  Due to take off at 7.15am and delayed whilst a new plane and crew were organised to 2.30pm due to a technical fault that had not been repaired the day before.  In the meantime I rebooked via BA to the 1pm flight and have now been told that I am not due any compensation as I did not take the original flight.  I asked them to look a this again I was still 5 1/2 hours late reaching my destination due their delay but again has been refused as I did not fly the affected flight.  They pointed me to their website for guidance but this just said that I was entitled to compensation if I was 3 hours late or more.  It did not say that I had to fly the original delayed flight.  Should I continue to fight this? I feel they are fobbing me off.  
    I'm not convinced that you are due any compensation if you chose to rebook onto an alternative flight and the original one went ahead - I think rebooking effectively restarts the clock if the original flight isn't cancelled, although concede that it's not spelt out 100% clearly either way.
  • mdann52
    mdann52 Posts: 166 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Did you tell the airline you were rebooking, or give them the option to rebook you prior to travel?
  • Lynne141
    Lynne141 Posts: 7 Forumite
    First Post
    Update: After my third attempt they have  agreed I am due the compensation and awarded £350 per person and also gave us 20,000 Avios.  So obviously I am very happy with that.  
  • Lynne141
    Lynne141 Posts: 7 Forumite
    First Post
    eskbanker said:
    Lynne141 said:
    Hi,  My flight to Tenerife was delayed due to issue with aircraft.  Due to take off at 7.15am and delayed whilst a new plane and crew were organised to 2.30pm due to a technical fault that had not been repaired the day before.  In the meantime I rebooked via BA to the 1pm flight and have now been told that I am not due any compensation as I did not take the original flight.  I asked them to look a this again I was still 5 1/2 hours late reaching my destination due their delay but again has been refused as I did not fly the affected flight.  They pointed me to their website for guidance but this just said that I was entitled to compensation if I was 3 hours late or more.  It did not say that I had to fly the original delayed flight.  Should I continue to fight this? I feel they are fobbing me off.  
    I'm not convinced that you are due any compensation if you chose to rebook onto an alternative flight and the original one went ahead - I think rebooking effectively restarts the clock if the original flight isn't cancelled, although concede that it's not spelt out 100% clearly either way.
    eskbanker said:
    Lynne141 said:
    Hi,  My flight to Tenerife was delayed due to issue with aircraft.  Due to take off at 7.15am and delayed whilst a new plane and crew were organised to 2.30pm due to a technical fault that had not been repaired the day before.  In the meantime I rebooked via BA to the 1pm flight and have now been told that I am not due any compensation as I did not take the original flight.  I asked them to look a this again I was still 5 1/2 hours late reaching my destination due their delay but again has been refused as I did not fly the affected flight.  They pointed me to their website for guidance but this just said that I was entitled to compensation if I was 3 hours late or more.  It did not say that I had to fly the original delayed flight.  Should I continue to fight this? I feel they are fobbing me off.  
    I'm not convinced that you are due any compensation if you chose to rebook onto an alternative flight and the original one went ahead - I think rebooking effectively restarts the clock if the original flight isn't cancelled, although concede that it's not spelt out 100% clearly either way.
    They have awarded the compensation now plus 20,000 Avios.  Interestingly I re-booked with BA themselves so they could not really argue the point too much.  
  • Lynne141
    Lynne141 Posts: 7 Forumite
    First Post
    mdann52 said:
    Did you tell the airline you were rebooking, or give them the option to rebook you prior to travel?
    I re-booked with BA themselves and they were aware of the issues when I did this but they have now conceded.  
  • Lynne141
    Lynne141 Posts: 7 Forumite
    First Post
    Yes, they are fobbing you off and you should continue to fight this.


    I have and they gave in :) 
  • eskbanker
    eskbanker Posts: 32,630 Forumite
    Part of the Furniture Photogenic Name Dropper 10 Posts
    Lynne141 said:
    eskbanker said:
    Lynne141 said:
    Hi,  My flight to Tenerife was delayed due to issue with aircraft.  Due to take off at 7.15am and delayed whilst a new plane and crew were organised to 2.30pm due to a technical fault that had not been repaired the day before.  In the meantime I rebooked via BA to the 1pm flight and have now been told that I am not due any compensation as I did not take the original flight.  I asked them to look a this again I was still 5 1/2 hours late reaching my destination due their delay but again has been refused as I did not fly the affected flight.  They pointed me to their website for guidance but this just said that I was entitled to compensation if I was 3 hours late or more.  It did not say that I had to fly the original delayed flight.  Should I continue to fight this? I feel they are fobbing me off.  
    I'm not convinced that you are due any compensation if you chose to rebook onto an alternative flight and the original one went ahead - I think rebooking effectively restarts the clock if the original flight isn't cancelled, although concede that it's not spelt out 100% clearly either way.
    They have awarded the compensation now plus 20,000 Avios.  Interestingly I re-booked with BA themselves so they could not really argue the point too much.  
    Fair enough, sounds like a result - out of curiosity, what were the timescales, i.e. did you rebook once it was already self-evident that the delay to your arrival would be at least three hours?
  • Lynne141
    Lynne141 Posts: 7 Forumite
    First Post
    eskbanker said:
    Lynne141 said:
    eskbanker said:
    Lynne141 said:
    Hi,  My flight to Tenerife was delayed due to issue with aircraft.  Due to take off at 7.15am and delayed whilst a new plane and crew were organised to 2.30pm due to a technical fault that had not been repaired the day before.  In the meantime I rebooked via BA to the 1pm flight and have now been told that I am not due any compensation as I did not take the original flight.  I asked them to look a this again I was still 5 1/2 hours late reaching my destination due their delay but again has been refused as I did not fly the affected flight.  They pointed me to their website for guidance but this just said that I was entitled to compensation if I was 3 hours late or more.  It did not say that I had to fly the original delayed flight.  Should I continue to fight this? I feel they are fobbing me off.  
    I'm not convinced that you are due any compensation if you chose to rebook onto an alternative flight and the original one went ahead - I think rebooking effectively restarts the clock if the original flight isn't cancelled, although concede that it's not spelt out 100% clearly either way.
    They have awarded the compensation now plus 20,000 Avios.  Interestingly I re-booked with BA themselves so they could not really argue the point too much.  
    Fair enough, sounds like a result - out of curiosity, what were the timescales, i.e. did you rebook once it was already self-evident that the delay to your arrival would be at least three hours?
    Yes,  we were boarding the original aircraft already 2 hours late when the crew went out of hours and we were told that a new aircraft and crew were being arranged and it was expected to leave at 2.30pm.  I then saw a BA flight leaving at 1pm and phoned to see if we could get on it which they did.  This left on time but we still arrived 5 1/2 hours later than the earlier aircraft.  
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