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British Airways - Compensation Claim

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Comments

  • Just the flights were with BA. They didn't give any breakdown of the £861, believe me, their letter of reply is a joke ! Internal flights were £448.

    The delay / cancellation was at this end. Original (cancelled) flight to Denver was due out of T4, they then shoved us on the LAX flight from T5.

    If it hadn't been a ski trip it might not be quite so gutt wrenching but it completely screwed us up.
  • blindman
    blindman Posts: 5,673 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Rocket_Dog wrote: »
    Just the flights were with BA. They didn't give any breakdown of the £861, believe me, their letter of reply is a joke ! Internal flights were £448.

    The delay / cancellation was at this end. Original (cancelled) flight to Denver was due out of T4, they then shoved us on the LAX flight from T5.

    If it hadn't been a ski trip it might not be quite so gutt wrenching but it completely screwed us up.

    Is this thread on Flightmole the flight you were on?

    The OP has had success with his claim
  • Same flight number, different date and our problems were with the outbound flight. I'm just going to keep fighting my corner, they messed up what should have been a great two week ski trip. Normally I wouldn't pursue things too much, time, stress etc etc but I feel very strongly in this case as do the friends we travelled with who were also impacted. Maybe we have to go via the small claims court, we'll see what the next letter from BA says and then decide !
  • rainbow11
    rainbow11 Posts: 6 Forumite
    Last month I made the following trip (HK-London-San Francisco-London-Hong Kong). While in San F I received a text from BA that they had cancelled my flight to London(I was lucky to get it as I had changed my sim card and just happened to pop my HK sim card back in to see if my son had sent me an sms)It said apologies and gave me a helpline number and the first operator denied it was cancelled !the second one was very nice.Anyhow to cut a long story short I had to stay another day and get a hotel.When I arrived in UK I filled out the online claim form and got an immediate answer saying that BA wasnt liable.Despite asking numerous people why the flight was cancelled they all said they had no idea,that is until I got on board and one of the staff told me that they were short staffed.Now surely that is within BA control especially when they had sms me about 48 hours before the flight.I am now trying to claim via email.Also my travel insurance company wont pay out until I have a letter explaining the reason it was cancelled.I would also like to ask you is it possible to be paid by the airline and my insurance company.(ever hopeful :-)
  • isplumm
    isplumm Posts: 2,218 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Hi,

    Have you tried putting your issue on www.holidaytruths.co.uk.

    They have a complaints section & lots of people who can help. They also have contact details of a well known travel lawyer.

    Mark
    We’ve had to remove your signature. Please check the Forum Rules if you’re unsure why it’s been removed and, if still unsure, email forumteam@moneysavingexpert.com
  • Shona99
    Shona99 Posts: 71 Forumite
    Hi,

    Dont know if you have had any success yet.
    There appears to be a number of elements of compensation you could potentially claim for. These matters are involved and you might wish to post on a specialised board for example https://www.flightmole.com/forum.

    You have the claim for delayed luggage. This is governed by the Montreal Covention which provides a maximum limit for compensation of 1000 SDRs ( Special Drawing Rights) The value varies day to day but today this would be £830 ( It is possible that this was slightly higher in previous day and resulted in the figure offered by BA?).

    This value of 1000sdrs is per passenger. How many people's luggage were affected by the delay in luggage-you dont mention this?
    These are maximum values you would normally need to demonstrate the loss suffered. (Normally you would expect an airline to scrutinze receipts and a claim for this luggage delay-therefore could the offer made to you have been presented in perhaps a rather clumsy attempt to compromise all your claims-including those below-as has been suggested in some of the previous posts?).

    Secondly you have the claim for the cancelled flights/delay to passengers.

    The first element of this is the connecting flights Los Angeles-Denver. Under EC Regulation 261/2004 if the airline cancels the flight and offers re-routing they need to do this to your intended destination. They cannot just abandon you on the way there.

    The second element is a potential claim for the cancellation under EC 261/2004. This provides for 600 Euros per passenger but airlines can claim a defence of extraordinary circumstances. ( They often seem to attempt this defence when it would not appear to be valid).

    Lastly there might also possibly be a potential claim under the Montreal Convention for the delay to the passengers but this would be where there was a delay during the transportation by the carriage by air. I'm not sure but this may not apply if you had not checked in for the original cancelled flight. This also is subject to an available defence. (You would really need to obtain specialised legal advice on this last aspect of the claim-however you may find that if you were successful with the delayed baggage claim together with succesful recovery of the EC 261/2004 compensation that this last claim element was largely redundant in overall financial terms.)
  • rainbow11
    rainbow11 Posts: 6 Forumite
    Thanks for the replies I will cheeck it all out.Up to now BA have still not given me any reson but someone else on the same flight has been told that it was staff shortage but they arent liable because it was outside of BA control.Which is pretty unbelievable considering they gave more than 48 hours notice.
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