Flight cancelled- arrived 9 hours early

Smileitsfree

Hi all, 

BA cancelled 6am flight whilst I was mid air on evening connection flight to Heathrow. (9 hours notice). BA wanted to rebook for 20.00 (14 hours later than scheduled flight) but this would have resulted in me missing my cruise sailing. I was eventually put on a night flight the same evening and arrived at destination at 3am (9 hours earlier than scheduled arrival).  

BA have confirmed that I am due compensation for cancelled flight but have reduced it by 50% , stating that I arrived within 3 hours of scheduled arrival time! This is incorrect because it was 9 hours earlier, having lost a night sleep, hotel booking fee in Heathrow and airport transfer fee. 

Most of the cancelled flight compensation information relates to delays in arrival and not early arrivals. Am I entitled to full compensation for arriving 9 hours early and all of the inconvenience associated with it?

TadleyBaggie

Tricky, the law that enacts compensation for arriving late probably doesn't envisage arriving early.

Westin

I guess BA could argue against compensating you because it was you that requested the earlier, overnight flight. 

Smileitsfree

Westin said:

I guess BA could argue against compensating you because it was you that requested the earlier, overnight flight. 

I thought compensation was paid for an original flight cancellation?

 BA have determined compensation is payable for the cancelled flight but have reduced it by 50% stating arrival was within 3 hours of original schedule time. 

silvercar

You had the option of accepting the new flight or not. BA got you to your destination in time for your cruise, I doubt any arbitration service would have much sympathy.

Grumpy_chap

Smileitsfree said:

Hi all, 

BA cancelled 6am flight whilst I was mid air on evening connection flight to Heathrow. (9 hours notice). BA wanted to rebook for 20.00 (14 hours later than scheduled flight) but this would have resulted in me missing my cruise sailing. I was eventually put on a night flight the same evening and arrived at destination at 3am (9 hours earlier than scheduled arrival).  

BA have confirmed that I am due compensation for cancelled flight but have reduced it by 50% , stating that I arrived within 3 hours of scheduled arrival time! This is incorrect because it was 9 hours earlier, having lost a night sleep, hotel booking fee in Heathrow and airport transfer fee. 

Most of the cancelled flight compensation information relates to delays in arrival and not early arrivals. Am I entitled to full compensation for arriving 9 hours early and all of the inconvenience associated with it?

AIUI, travel tickets are simply to get you from A to B and time of when the journey happens is not a critical factor in the contract.
It is only recently that the compensation for delay has become established. 
You were not delayed (so no delay compensation), though you were inconvenienced, but the outcome (early arrival) was far better than missing the cruise.

How did BA process the change of flight?  Did they process this as a change of booking so the statement of arriving "within three hours of scheduled time" relates to the actual flight you actually flew arriving within three hours of that flight's schedule?

I don't think you would get anything for loss of sleep, or the hotel at Heathrow, or the transfer fee.

• You may have expected sleep before the planned flight, but would have lost some if arriving at the airport for a 6 am flight departure.  You may have slept on the plane.  You had the opportunity to sleep on arrival at the destination.
• The hotel at Heathrow would have been expended either way.  What BA may have been liable for would be a suitable rest place at the destination.
• You could have waited at the airport and taken your planned transfer so no unavoidable loss there.  I understand you not wanting to wait in the airport etc., but you could have done.

I think, ultimately, you were rescheduled and BA accommodated you on an earlier flight which ensured you met your critical departure (Cruise sailing).  That is far better than BA simply sticking with the original reschedule offered (14 hours late), paying the required compensation, but you missing your cruise.  On balance, I don't think this one is going far.

Hope you enjoyed the cruise despite the awkward start to the holiday

Smileitsfree

Grumpy_chap said:

Smileitsfree said:

Hi all, 

BA cancelled 6am flight whilst I was mid air on evening connection flight to Heathrow. (9 hours notice). BA wanted to rebook for 20.00 (14 hours later than scheduled flight) but this would have resulted in me missing my cruise sailing. I was eventually put on a night flight the same evening and arrived at destination at 3am (9 hours earlier than scheduled arrival).  

BA have confirmed that I am due compensation for cancelled flight but have reduced it by 50% , stating that I arrived within 3 hours of scheduled arrival time! This is incorrect because it was 9 hours earlier, having lost a night sleep, hotel booking fee in Heathrow and airport transfer fee. 

Most of the cancelled flight compensation information relates to delays in arrival and not early arrivals. Am I entitled to full compensation for arriving 9 hours early and all of the inconvenience associated with it?

AIUI, travel tickets are simply to get you from A to B and time of when the journey happens is not a critical factor in the contract.
It is only recently that the compensation for delay has become established. 
You were not delayed (so no delay compensation), though you were inconvenienced, but the outcome (early arrival) was far better than missing the cruise.

How did BA process the change of flight?  Did they process this as a change of booking so the statement of arriving "within three hours of scheduled time" relates to the actual flight you actually flew arriving within three hours of that flight's schedule?

I don't think you would get anything for loss of sleep, or the hotel at Heathrow, or the transfer fee.

• You may have expected sleep before the planned flight, but would have lost some if arriving at the airport for a 6 am flight departure.  You may have slept on the plane.  You had the opportunity to sleep on arrival at the destination.
• The hotel at Heathrow would have been expended either way.  What BA may have been liable for would be a suitable rest place at the destination.
• You could have waited at the airport and taken your planned transfer so no unavoidable loss there.  I understand you not wanting to wait in the airport etc., but you could have done.

I think, ultimately, you were rescheduled and BA accommodated you on an earlier flight which ensured you met your critical departure (Cruise sailing).  That is far better than BA simply sticking with the original reschedule offered (14 hours late), paying the required compensation, but you missing your cruise.  On balance, I don't think this one is going far.

Hope you enjoyed the cruise despite the awkward start to the holiday

Thanks for your balanced and helpful response. The compensation offered covers the cost of hotel and transfer so I won’t be out of pocket. I will accept their offer to settle claim. 

Other than being absolutely exhausted on the first night of our cruise, we did have a fabulous trip, celebrating our 40th wedding anniversary. 

eskbanker

I believe that BA will be relying on the wording of the regulations that allows compensation to be reduced by 50% when offered rerouting on a flight "the arrival time of which does not exceed the scheduled arrival time of the flight originally booked ... by [2/3/4] hours", so they're presumably arguing that an earlier arrival doesn't exceed the scheduled time as such rather than literally asserting that it was within three hours of that time, even if their wording was perhaps clumsy?

https://www.legislation.gov.uk/eur/2004/261/article/7

Grumpy_chap

Smileitsfree said:

Thanks for your balanced and helpful response. The compensation offered covers the cost of hotel and transfer so I won’t be out of pocket. I will accept their offer to settle claim. 

Other than being absolutely exhausted on the first night of our cruise, we did have a fabulous trip, celebrating our 40th wedding anniversary. 

I'm glad you enjoyed the holiday and congratulations on your many years of Wedded Bliss!

I must clarify that my thoughts were only that - my thoughts as a layman - I don't have any specific knowledge on the rules.  Eskbanker seems to have noted a relevant part of legislation about the arrival time not exceeding the scheduled time and early (obviously) not exceeding...

Smileitsfree

eskbanker said:

I believe that BA will be relying on the wording of the regulations that allows compensation to be reduced by 50% when offered rerouting on a flight "the arrival time of which does not exceed the scheduled arrival time of the flight originally booked ... by [2/3/4] hours", so they're presumably arguing that an earlier arrival doesn't exceed the scheduled time as such rather than literally asserting that it was within three hours of that time, even if their wording was perhaps clumsy?

https://www.legislation.gov.uk/eur/2004/261/article/7

Thank you for this, it makes sense. I’ve accepted the offer of £175pp compensation. 

mdann52

I believe the offer of reduced compensation due to an early arrival flies in the face of the recent judgement in Azurair and Others. The problem is this isn't currently recognised in the UK courts, only in the EU courts