Confusion over BA flight delay compensation refusal

MacK_2

I travelled on BA0793 from Gothenburg to London Heathrow on 12 September. The flight was initially delayed by around an hour due to ATC restrictions because of bad weather en route. This was then lifted and we were given a slot and started to taxi but then stopped and had to return to stand due to a technical issue with the plane. It then took around 3 further hours (on the plane, no air con, no food or drink) for them to resolve this issue which meant we landed into Heathrow around 11pmGMT (as opposed to 18.55 scheduled arrival). All trains had departed, all hotels were full and the BA reps were not able or willing to help so I was stranded in Heathrow. I've tried to claim for the train ticket I paid for but wasn't able to use, petrol expenses for someone having to drive to collect me from heathrow and take me home and then the standard EU compensation. BA have rejected the claim saying it was due to bad weather...but it was only due in a very small part because of this, the majority of the delay was a technical fault. Do I have a leg to stand on with a dispute? 

saajan_12

MacK_2 said:

I've tried to claim for the train ticket I paid for but wasn't able to use, petrol expenses for someone having to drive to collect me from heathrow and take me home and then the standard EU compensation. BA have rejected the claim saying it was due to bad weather...but it was only due in a very small part because of this, the majority of the delay was a technical fault. Do I have a leg to stand on with a dispute? 

There wouldn't be reimbursements for those costs beyond arrival at the destination airport. The idea is the compensation if applicable covers it or everyone suffers their own costs if it wasn't their fault. 

Besides even if you could claim reimbursement, why would you get the unused train + car fuel? Then you end up with a free journey home when you expected to pay something if everything was on time. 

MacK_2

You make a good point there, I hadn't really thought of it that way when I submitted my claim, but agreed that not getting both the train and the fuel would make sense and I wouldn't persue that point. Thanks for pointing that out. However in terms of the general standard EU compensation would that apply or no? 

Grumpy_chap

MacK_2 said:

I travelled on BA0793 from Gothenburg to London Heathrow on 12 September. The flight was initially delayed by around an hour due to ATC restrictions because of bad weather en route. This was then lifted and we were given a slot and started to taxi but then stopped and had to return to stand due to a technical issue with the plane. It then took around 3 further hours (on the plane, no air con, no food or drink) for them to resolve this issue which meant we landed into Heathrow around 11pmGMT (as opposed to 18.55 scheduled arrival). All trains had departed, all hotels were full and the BA reps were not able or willing to help so I was stranded in Heathrow. I've tried to claim for the train ticket I paid for but wasn't able to use, petrol expenses for someone having to drive to collect me from heathrow and take me home and then the standard EU compensation. BA have rejected the claim saying it was due to bad weather...but it was only due in a very small part because of this, the majority of the delay was a technical fault. Do I have a leg to stand on with a dispute? 

If you tried to claim for both the unused train ticket PLUS the petrol for alternative transport, that would be double-dipping.

MacK_2

Yeah someone else has pointed that out...I clearly wasn't using my brain properly when I submitted the claim. I'd 100% accept that part being rejected but should the standard EU compensation still apply in this scenario? 

Caz3121

MacK_2 said:

I travelled on BA0793 from Gothenburg to London Heathrow on 12 September. The flight was initially delayed by around an hour due to ATC restrictions because of bad weather en route. This was then lifted and we were given a slot and started to taxi but then stopped and had to return to stand due to a technical issue with the plane. It then took around 3 further hours (on the plane, no air con, no food or drink) for them to resolve this issue which meant we landed into Heathrow around 11pmGMT (as opposed to 18.55 scheduled arrival). All trains had departed, all hotels were full and the BA reps were not able or willing to help so I was stranded in Heathrow. I've tried to claim for the train ticket I paid for but wasn't able to use, petrol expenses for someone having to drive to collect me from heathrow and take me home and then the standard EU compensation. BA have rejected the claim saying it was due to bad weather...but it was only due in a very small part because of this, the majority of the delay was a technical fault. Do I have a leg to stand on with a dispute? 

where there are multiple reasons for the delay the parts that are not within the airline's control are deducted from the time. Your flight is reported as arriving 4 hours and 4 minutes late. IF the ATC delay element was 1 hour and 5 mins or more then your delay within the airline's control (technical issue) was under 3 hours so no compensation.
The logged time for departing stand was 7:33PM CST rather than the scheduled 5:50PM CST so they may argue that the delay element before the technical issue was 1 hour and 43 minutes which would be deducted from the 4 hour 4 minute delay leaving it under the 3 hours required to qualify for compensation.