BA Flight cancelled, alternate flight delayed!

LawrieDriver

Hi all

Can anyone advise, we were due to fly out of Perugia, Italy on Sunday 14th July, we were advised that the flight was cancelled 4 hours before take off, we were firstly offered replacement flights on Tuesday 16th from Perugia with a connection in Milan. I phoned BA that evening and agreed on a replacement flight from Rome the following afternoon. This meant extending my hire car and driving to Rome.

The flight from Rome was then delayed overnight because of a technial fault on the plane, this could not be fixed before the flight crew ran out of hours, hence an overnight stay. I have put in a claim for the hotel accommodation, food and Taxis Etc for both delays and also statutory compensation for both flights as my understanding is that they are liable to provide statutory compensation for each delayed flight?

Am I correct in this assumption?

I have just recieved an email with compensation for the first flight but nothing about the second.

I put both claims on the online claims system under the original booking reference but listed them as seperate issues.

Thanks in advance.

eskbanker

Compensation would be due for the delay to the second flight, if caused by a technical issue, but what was the reason for the cancellation of the first one?

LawrieDriver

First flight cancelled due to operational reasons & BA have paid statutory compensation for this but they are refusing to pay for the second flight as they say its one delay and the compensation does not work on a flight by flight basis.

eskbanker

LawrieDriver said:

First flight cancelled due to operational reasons & BA have paid statutory compensation for this but they are refusing to pay for the second flight as they say its one delay and the compensation does not work on a flight by flight basis.

If they've expressly confirmed that the compensation was paid for the first and are now asserting that both should be lumped together to deny it for the second, then point them towards the case law that states otherwise, namely A and Others v Finnair Oy (Case C-832/18):

Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, and in particular Article 7(1) thereof, must be interpreted as meaning that an air passenger who has received compensation for the cancellation of a flight and has accepted the re-routing flight offered to him is entitled to compensation for the delay of the re-routing flight, where that delay is such as to give rise to entitlement to compensation and the air carrier of the re-routing flight is the same as that of the cancelled flight.

https://eur-lex.europa.eu/legal-content/GA/TXT/?uri=CELEX:62018CJ0832