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    • jase.2
    • By jase.2 16th Oct 19, 12:48 PM
    • 51 Posts
    • 7 Thanks
    jase.2
    When does (did) your original flight, 1st leg depart in UK time?
    Is there an alternative route with a diferent airline? Is your 4th leg (thats a long trip!) with BA or through a BA codeshare ie the whole journey on one ticket?
    I would argue that even though they informed you on the Monday that is probably not considered at least 2 weeks.
    Originally posted by JPears
    Thanks for coming back.

    The original leg 3 flight would have been leaving at 23:40 GMT as the clocks go back the day before.

    I asked about other airlines, they refused aa as the connection time at Heathrow wouldnít work with aa being T3 and BA T5, although that option would still give me the issue of staying at Newark and having to get to jfk at my own expense and time.

    I also asked about Aer Lingus who have a Newark flight 45 mins before my cancelled flight that connecting in Dublin gets me to my final destination 40 minutes early - they refused saying Aer lingus is only a code share and brushed it off when I said that ba.com was selling this Aer lingus flight.

    The 4th leg is a also a ba flight - all four legs are

    Thanks again
    • JPears
    • By JPears 16th Oct 19, 12:58 PM
    • 4,827 Posts
    • 1,306 Thanks
    JPears
    Clearly BA are trying to wash their hands in terms of duty of care with re-routing. I would have none of it.
    Get on Skyscanner or Kayak and se what other flight options are available for your total journey. BA must stand the cost of this to get you to your destination. You will probably have to pay yourself and claim it back from BA via the website. Expect a fight but the regulation (and therefore the law/courts) should be on your side.
    What are your dates and departure/destination points?
    Your compensation claim is usually seperate to your re-routing claim.
    Both can be dealt with by an ADR if necessary.
    You might as well get your compensation claim in now as the cancellation has already happened. You may have to box clever here and just put the claim in for your 3rd leg, if that keeps you under the 14 days rule.
    Can you put up all the original flight times/dates for ech leg so we can work out the timeline? Thanks
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • jase.2
    • By jase.2 16th Oct 19, 1:19 PM
    • 51 Posts
    • 7 Thanks
    jase.2
    Clearly BA are trying to wash their hands in terms of duty of care with re-routing. I would have none of it.
    Get on Skyscanner or Kayak and se what other flight options are available for your total journey. BA must stand the cost of this to get you to your destination. You will probably have to pay yourself and claim it back from BA via the website. Expect a fight but the regulation (and therefore the law/courts) should be on your side.
    What are your dates and departure/destination points?
    Your compensation claim is usually seperate to your re-routing claim.
    Both can be dealt with by an ADR if necessary.
    You might as well get your compensation claim in now as the cancellation has already happened. You may have to box clever here and just put the claim in for your 3rd leg, if that keeps you under the 14 days rule.
    Can you put up all the original flight times/dates for ech leg so we can work out the timeline? Thanks
    Originally posted by JPears
    The Aer Lingus flight that gets me back just before the ba flight is around £600 which Iím wary of paying it out incase I donít get it back.

    Iím assuming if I booked that myself and did manage to get the money back I wouldnít get compensation as I wouldnít be late at my final destination? Also with it only being one BA leg cancelled Iím assuming I wouldnít actually cancel my booking as Iíd still want legs one and two?

    The overall four legs are -

    Mon 21 Oct Gla to LHR Departure 09:35
    Mon 21 Oct LHR to YYZ departure 13:05
    Mon 28 Oct EWR to LHR departure 19:40 this is the cancelled flight
    Tue 29 Oct LHR to GLA departure 07:35 - I still make that connection if I get myself over to JFK at my own cost. Iíd miss it if I wait for the 2230 ba flight from EWR
    • JPears
    • By JPears 16th Oct 19, 3:23 PM
    • 4,827 Posts
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    JPears
    So actually only 2 legs for the return journey.
    You are correct, if you take the Aer Lingus option,you won't get compensation.
    I'd point this out to BA - if they don't re-route via Aer Lingus, at their expense, they will be liable for €600 compensation on their re-routing option.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • jase.2
    • By jase.2 16th Oct 19, 4:28 PM
    • 51 Posts
    • 7 Thanks
    jase.2
    So actually only 2 legs for the return journey.
    You are correct, if you take the Aer Lingus option,you won't get compensation.
    I'd point this out to BA - if they don't re-route via Aer Lingus, at their expense, they will be liable for Ä600 compensation on their re-routing option.
    Originally posted by JPears
    Iím thinking that is probably why they seem keen to get me on to a JFK flight that gets me back on time even though they are refusing to pay my costs (I sure donít fancy travelling to Newark to get to my pre paid hotel only to then travel across to JFK next day to take the flight of BAís choice)

    The 2230 ba from Newark offered - if I take that Iíd get compensation but would I still get compensation if I choose to wait till the next day rather than hang around an airport late at night when Iím going to miss my LHR connection anyway? Iím just not sure of the rules if I pick later than the ones they offer

    Thanks again
    • JPears
    • By JPears 16th Oct 19, 5:32 PM
    • 4,827 Posts
    • 1,306 Thanks
    JPears
    The re-routing flight to quote regs "at a time convenient to the passenger"
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • richardw
    • By richardw 19th Oct 19, 9:35 PM
    • 19,061 Posts
    • 8,044 Thanks
    richardw
    hi , flight from Malaga to London city airport was delayed by two hours as the flight was late coming from Manchester to Malaga.
    Then because city airport closes at 10 on a Sunday our flight was diverted to stansted . So although the flight itself was 2 hours late there no way in hell we would get from stansted to city airport in an hour . Can I claim ? Strangely the flight tracker says the plane landed at London city BA 7024 15/09/2019 but it didnít . And Botts say itís claimable
    Originally posted by byron47
    Btw the curfew for landing aircraft at LCY is 22.30.
    The Ďoperating air carrierí for the flight was BA Cityflyer and not British Airways, if you start a small claim, make sure you or Bott get this right, the registered addresses are different.
    Posts are not advice and must not be relied upon.
    • Jibjabjob
    • By Jibjabjob 24th Oct 19, 5:24 PM
    • 1 Posts
    • 0 Thanks
    Jibjabjob
    Hi I’m just after some thoughts/opinions if possible. We were caught up in the BA IT glitch on 7th August. Our connecting flight from Manchester to Heathrow was cancelled so we made our own way to Heathrow for our flight from Heathrow to Miami. We departed late from Heathrow and landed in Miami 3 hours 20 minutes later than scheduled. I have emailed BA asking for compensation for the delay. BA have declined the request stating the inbound flight was struck by lightning, suffered damage and had to be swapped for another aircraft. I responded quoting other posts stating lightning strikes arent Classed as extraordinary circumstances but BA have again replied with a slightly different response stating the delay was because of repairs required to the aircraft before it could operate and as such no compensation is due. Should I pursue this further? Thanks
    • Tyzap
    • By Tyzap 24th Oct 19, 10:19 PM
    • 2,110 Posts
    • 895 Thanks
    Tyzap
    Hi Iím just after some thoughts/opinions if possible. We were caught up in the BA IT glitch on 7th August. Our connecting flight from Manchester to Heathrow was cancelled so we made our own way to Heathrow for our flight from Heathrow to Miami. We departed late from Heathrow and landed in Miami 3 hours 20 minutes later than scheduled. I have emailed BA asking for compensation for the delay. BA have declined the request stating the inbound flight was struck by lightning, suffered damage and had to be swapped for another aircraft. I responded quoting other posts stating lightning strikes arent Classed as extraordinary circumstances but BA have again replied with a slightly different response stating the delay was because of repairs required to the aircraft before it could operate and as such no compensation is due. Should I pursue this further? Thanks
    Originally posted by Jibjabjob
    A quick and easy way to get affirmative confirmation, or not, is to enter your flight details into a couple of online flight calculators such as Bott & Co or EUclaim.

    If affirmative you would be due half the full rate of compensation i.e Ä300pp, as it was under 4 hours.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • super saint
    • By super saint 5th Nov 19, 11:40 AM
    • 54 Posts
    • 9 Thanks
    super saint
    Need some advise.


    We had a BA flight cancellation out of Larnaca, Cyprus back on 17th August. Due to fly at 23.00 but eventually flew 14.00 the following day.


    BA put us up overnight in Nicosia, provided transport food etc.


    I have put in a claim for compensation but BA have refused 'due to Air Traffic Control restricted operations out of Greek airspace , a block of air space your aircraft needed to travel though. This delay caused our flight crew to be out of hours. This was out of our control'


    Is that it or do I have any grounds to appeal??


    TIA
    • Justice13075
    • By Justice13075 5th Nov 19, 1:33 PM
    • 1,853 Posts
    • 609 Thanks
    Justice13075
    Put your flight details into euclaim and bottonline and see what they say then come back.
    • Tyzap
    • By Tyzap 5th Nov 19, 9:24 PM
    • 2,110 Posts
    • 895 Thanks
    Tyzap
    Need some advise.


    We had a BA flight cancellation out of Larnaca, Cyprus back on 17th August. Due to fly at 23.00 but eventually flew 14.00 the following day.


    BA put us up overnight in Nicosia, provided transport food etc.


    I have put in a claim for compensation but BA have refused 'due to Air Traffic Control restricted operations out of Greek airspace , a block of air space your aircraft needed to travel though. This delay caused our flight crew to be out of hours. This was out of our control'


    Is that it or do I have any grounds to appeal??


    TIA
    Originally posted by super saint
    Hi,

    This info is courtesy of The BA Source....

    British Airways A320 G-GATJ Overnight Larnaca Delay.
    Aug 17, 2019
    British Airways A320 G-GATJ operated BA2620 London Gatwick Ė Larnaca with a two hour delay this evening causing the return BA2674 to be delayed overnight due to crew not having sufficient hours to operated back to London Gatwick.

    What this shows is that BA knew before the flight departed London that the crew would be out of hours and the return flight would be cancelled as a consequence.

    They could have changed crew at London or sent out a new crew to fly the aircraft back,,, but didn't.
    They could have looked at alternative ways of getting you back on alternative airlines,,, but didn't.

    BA are on the hook for compensation so try to pursued them via a telephone call to their call centre one more time, suggesting the above and pointing out that their reasoning is not an Extraordinary Circumstance.

    If they still won't play ball ask them for a deadlock letter so you can ask their ADR provider, CEDR, to adjudicate on the circumstances of your claim. It is free. Details here...

    https://www.cedr.com

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • UHF
    • By UHF 6th Nov 19, 8:24 AM
    • 6 Posts
    • 3 Thanks
    UHF
    Hello,


    This may be useful for anyone dealing with BA compensation claims for cancelled flights.


    Our flight from MAN-LHR was cancelled in less than 24 hours back in August, due to... crew shortage. We were already at a hotel at MAN and discovered this at 7pm the night before by checking the BA mobile app (no phone call or email - nothing.) With one person at a desk in the airport who could do nothing, we were given a helpline card only to find out at 8.05pm that it had just closed and no other way to talk to anyone - this is a major global airline remember... Anyway we had a connecting overseas flight from LHR which we couldn't get to, so the whole journey was rebooked for the following day which we successfully caught.


    I made a claim for both compensation of 130 pounds for an extra night at the airport hotel and 1200 euros - the full amount for two people, over 3500km, less than 24hr cancellation. This was at the start of August on BA's complaints pages on their website. I supplied a scan of the hotel invoice and no boarding passes (why should I? They have a record on their 'rock-solid' IT system.) By the middle of October, nothing had happened. I emailed using my complaint number and got a reply three days later agreeing that I am entitled to the full amount. One week later it arrived in my bank account.



    All's well that ends well, but I've had enough of BA, the haphazard in-flight service, poor attitudes and budget airline style customer service every time. Most asian airlines are far superior and I've had an almost full refund after missing a flight on Thai Air - I flew with them again. You may want to keep boarding passes in case they make a fuss, but really, they have this on record. Email after a couple of months with your complaint number and ask what's happening. You will succeed.
    Last edited by UHF; 06-11-2019 at 8:26 AM.
    • Money Saving Nerd
    • By Money Saving Nerd 6th Nov 19, 1:22 PM
    • 18 Posts
    • 420 Thanks
    Money Saving Nerd
    Finally - Compensation Success after 4 months!
    So just thought I'd share some positive compensation success...

    After four months of badgering BA (using Resolver) for my compensation for a cancelled flight I have finally received the full compensation of £1554 for 3 passengers!

    I actually received an email saying we were due the full compensation back in September and it has taken two months, two more emails from me and 2 hours on the phone... do they just hope people will forget about it?!

    But as the previous poster said, all's well that ends well I guess!

    Yay

    (still really disappointed with their awfully slow system, especially as I was told I would get it two months ago!!)
    • Tyzap
    • By Tyzap 6th Nov 19, 9:04 PM
    • 2,110 Posts
    • 895 Thanks
    Tyzap

    (still really disappointed with their awfully slow system, especially as I was told I would get it two months ago!!)
    Originally posted by Money Saving Nerd
    Almost certainly would have been much quicker had you been a Gold Executive Club member. Which is not a reason or excuse for them to treat you so poorly.

    Perhaps another reason the CAA( ) should look into the way BA do things
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • johnthanet
    • By johnthanet 9th Nov 19, 7:26 PM
    • 6 Posts
    • 0 Thanks
    johnthanet
    Update. As advised I lodged claim via MCOL having sent an LBA 7 days previously. I then received a notification from the court that BA had asked for and been granted a 14 day extension.

    Two weeks later I received an email from a BA Customer Relations Lawyer. They offered me a settlement Euro 250 compensation, snacks/drinks and court fee. Additionally I was refunded my original BA ticket for the delayed flight.

    They stated that as I had not waited to take the BA rescheduled flight (26 hrs later) they would not refund me the Euro 150 ticket price for EasyJet flight I arranged myself.

    The reason for this refusal was Article 6 of EC Regulation 261/2004 - "no obligation to re route passengers".

    I accepted the offer in full and final settlement.

    So it would seem that airlines have no obligation to refund if passengers make alternative arrangements - unless the BA Legal Team are mistaken/lying?

    Either way the lack of communications/assistance both during and afterwards makes me think that BA is no better than any other airline with regards to customer service.

    They only exist because of the legacy slots they enjoy at LHR and should thus be judged accordingly.
    • legal magpie
    • By legal magpie 9th Nov 19, 9:15 PM
    • 1,134 Posts
    • 478 Thanks
    legal magpie
    Just because BA say something, doesn't mean it's right
    • johnthanet
    • By johnthanet 9th Nov 19, 10:27 PM
    • 6 Posts
    • 0 Thanks
    johnthanet
    Mistaken or lying? I would like to know definitively if an airline has to allow an individual to re route themselves if the delayed alternative is unacceptable?

    If so what are the exact criteria - delay/costs - that are allowed?
    • Tyzap
    • By Tyzap 10th Nov 19, 9:23 AM
    • 2,110 Posts
    • 895 Thanks
    Tyzap
    Mistaken or lying? I would like to know definitively if an airline has to allow an individual to re route themselves if the delayed alternative is unacceptable?

    If so what are the exact criteria - delay/costs - that are allowed?
    Originally posted by johnthanet
    This is article 6...

    Article 6

    Delay

    1. to be delayed beyond its scheduled time of departure:
    When an operating air carrier reasonably expects a flight
    (a) for two hours or more in the case of flights of 1 500 kilo- metres or less; or
    (b) for three hours or more in the case of all intra-Community flights of more than 1 500 kilometres and of all other flights between 1 500 and 3 500 kilometres; or
    (c) for four hours or more in the case of all flights not falling under (a) or (b),
    passengers shall be offered by the operating air carrier:
    (i) the assistance specified in Article 9(1)(a) and 9(2); and
    (ii) when the reasonably expected time of departure is at least the day after the time of departure previously announced, the assistance specified in Article 9(1)(b) and 9(1)(c); and
    (iii) when the delay is at least five hours, the assistance speci- fied in Article 8(1)(a).
    2. In any event, the assistance shall be offered within the time limits set out above with respect to each distance bracket.


    It does not say there is 'no obligation to re route passengers' but it does say...

    (iii) when the delay is at least five hours, the assistance specified in Article 8(1)(a).

    Which goes on to say...

    Article 8

    Right to reimbursement or re-routing

    1. Where reference is made to this Article, passengers shall be offered the choice between:
    (a) ó reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger's original travel plan, together with, when relevant,
    ó a return flight to the first point of departure, at the earliest opportunity;
    (b) re-routing, under comparable transport conditions, to their final destination at the earliest opportunity; or
    (c) re-routing, under comparable transport conditions, to their final destination at a later date at the passenger's convenience, subject to availability of seats.


    If BA fail to uphold their obligations under the re-routing part of the regulations and a viable, more convenient alternative is available then you are entitled to make your own arrangements and claim the cost back.

    As Legal Magpie says, Just because BA say something, doesn't mean it's right.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • JPears
    • By JPears 11th Nov 19, 9:33 AM
    • 4,827 Posts
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    JPears
    Technically, the BA lawyers may be correct as the regs do state:
    when the delay is at least five hours, the assistance speci- fied in Article 8(1)(a).
    Art. 8(1)(a) does no cover re-routing.
    However I would argue that:
    1. Your flight was effectively cancelled as your were not offered an alternative for 26 hours. In which case re-routing is an obligation.

    2. Various court cases have established that delay is effectively a cancellation so Article 8 (1)(b) - re-routing applies.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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