BA Costa Rica - London BAH13579-23 // LJNYUW

sjsjollies

Was anyone of the badly delayed San Hose-London flight that was delayed about 15 hours early in March 24?

We were due to return from Costa Rica on Tuesday 5th March at 6.40 (CR time). 50 minutes before departure the flight was cancelled - lots of rumours as to why but no firm information. Chaos in the airport as there was no information, then some found out we were being put up overnight. We'd paid for Premium Economy and were told we needed to wait for transport separately while the rest of the flight were ushered onto coaches. Basically we were forgotten, they had run out of transport and were right at the back of the line at the hotel when we eventually got there. The room we were allocated was horrid in a below ground corridor with mould on the wall and water stains on carpets - the aircon stunk of mould - our neighbours the same. We were not told that there was food but others knew all about it. We got no breakfast. People in other hotels were astonished when we told them as they were well looked after. Next morning check in was meant to close at 8am but still huge lines - they couldn't cope. Plane left around 10.30am so a further 2 hour delay. The pilot told us that the delay was because one of the captains had food poisoning 
Others were telling us to make sure we claimed from BA for the delay. We were also contacted at home by a legal company who were dealing with the claim. Martin Lewis says that food poisoning is the sort of reason they give as exceptional, but is not automatically a reason not to compensate passengers.
BA thought otherwise and "no compensation due". We got a one off £140.00 for the bad room, and food we bought at the airport. They offered a good will flight voucher for a very small amount (£100?) which we declined
No idea of the best way to appeal now and would appreciate any thoughts

Westin

I do hope that the flight deck crew member who had the food poisoning was okay.

eskbanker

sjsjollies said:

The pilot told us that the delay was because one of the captains had food poisoning 
Others were telling us to make sure we claimed from BA for the delay. We were also contacted at home by a legal company who were dealing with the claim. Martin Lewis says that food poisoning is the sort of reason they give as exceptional, but is not automatically a reason not to compensate passengers.
BA thought otherwise and "no compensation due". We got a one off £140.00 for the bad room, and food we bought at the airport. They offered a good will flight voucher for a very small amount (£100?) which we declined
No idea of the best way to appeal now and would appreciate any thoughts

Have BA indicated their rationale for denying compensation, i.e. on what grounds are they rejecting the claim?

If you disagree with their reasoning, then you can go back to them and explain why, and if/when you get to a final response from them, if it isn't what you believe you're entitled to under the regulations, you can escalate to their ADR provider, CEDR.

Re "We were also contacted at home by a legal company who were dealing with the claim", this is unusual - are you saying that this was an unsolicited cold call relating to this specific delay (as opposed to scammers like those wanting to discuss 'your recent car accident')?  There are legitimate flight claim companies out there, who know which buttons to press to extract money from airlines, in return for a sizable chunk of the proceeds, so they do have their place (a very hot one, some would say!)....

mdann52

eskbanker said:

Re "We were also contacted at home by a legal company who were dealing with the claim", this is unusual - are you saying that this was an unsolicited cold call relating to this specific delay (as opposed to scammers like those wanting to discuss 'your recent car accident')? 

BA have had instances of passenger details being obtained and texts being sent to them - this happen to them from time to time over the last 18 months and it was being investigated last time I heard.

I also think that it might be best to await the judgement in Lipton v BA before pursuing this further, as that is one less thing for them to quote back

eskbanker

mdann52 said:

eskbanker said:

Re "We were also contacted at home by a legal company who were dealing with the claim", this is unusual - are you saying that this was an unsolicited cold call relating to this specific delay (as opposed to scammers like those wanting to discuss 'your recent car accident')? 

BA have had instances of passenger details being obtained and texts being sent to them - this happen to them from time to time over the last 18 months and it was being investigated last time I heard.

As it should be - on the face of it that would be a clear breach of data protection legislation, potentially opening BA up to claims for that too!

mdann52 said:

I also think that it might be best to await the judgement in Lipton v BA before pursuing this further, as that is one less thing for them to quote back

Yes, that was partly why I was asking what the stated reason for claim rejection was, as this has been outstanding for months now since the hearing in early February:

https://www.supremecourt.uk/cases/uksc-2021-0098.html

Alan_Bowen

You appear to have attached the PNR  (LJNYUW) of your booking to the title, I would strongly recommend you remove it as this could lead to your name contact details and lots of other information being open to anyone to find!