Flight delay and cancellation compensation, BA ONLY

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Comments

  • neogeo
    neogeo Posts: 34 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    edited 3 December 2019 at 3:46PM
    OK, good news, after only five days of logging my compensation claim on Resolver, BA have agreed to compensate 1,200E for flight cancellation.

    The claim was on behalf of my in-laws in the US. BA have sent a message asking for US bank details, paper and electronic routing numbers etc...
    My in-laws have asked me to get it put into my bank account, not theirs.
    I have sent this request to BA, who have gone a bit quiet compared to their usual speedy responses, and am wondering if they are stalling with my request.

    Question: I might just respond again with my own bank details this time, but not sure how they would pay and what info they would need - if it is BACS, do they need some kind of routing number from my bank?

    If someone knows what info I would need to supply, I will just send them my details and see what happens!
  • mcscoobs
    mcscoobs Posts: 77 Forumite
    Advice sought please :)

    I'm in need some British Airways advice as I've hit a brick wall with regards my compensation claim. Back in August, flying back from Cyprus to Gatwick, I was delayed 14 hours (11.40pm flight changed to 1.30pm next day), with my partner and 2 toddlers (aged 1 & 2). I was told at the time that the previous flight over ran and therefore staff couldn't continue working because it went beyond their working time agreement. BA took us to a hotel an hour away to sleep. But it did mean changing work arrangements, airport parking and other little amendments.

    I used Resolver and wrote this to them on 19th August:

    Dear customer services team,
    I am writing regarding a delayed/cancelled British Airways flight.

    The judgement of the Court of Justice of the European Union in Tui & others v CAA confirmed the applicability of compensation, as set out in the Sturgeon case. As such, I am seeking compensation under EC Regulation 261/2004 for this flight. The details are as follows:
    Booking reference: LI95Z9
    Existing complaint reference:
    Flight number: BA2674
    Departure airport: Larnaca
    Scheduled departure time: Sat 17/08/19 23:40
    Arrival airport: London Gatwick
    Number of passengers: 4

    Based on the above details, I am seeking the fixed compensation as specified in EC 261/2004.
    Flight was delayed from 23:40 on 17th August until 13.30 the following day (a 14 hour delay). This meant us rearranging work and airport parking arrangements. Plus with two children under 2 years old, this was logistically a nightmare. We were provided eventually with accommodation, but the food on site was inadequate (hot food was stone cold and barely any choice).
    I look forward to a full response to this letter within 14 days. If I do not receive a satisfactory response I intend to pursue my complaint further, which could mean taking it to court.
    Yours faithfully

    I had no response. So I chased this and escalated on 2nd September, 23rd September and 14th October. I finally got a response 3 months later, on 4th November, stating:

    Please Quote in Subject: 11.17.006.3161
    Dear Sir,

    With reference to your complaint regarding flight BA 2674 from Larnaca to Gatwick on 17/8/2019, we inform you that after assessment of the evidence at our disposal we have concluded that exceptional circumstances occurred on the aforementioned flights; therefore you are not entitled to compensation according to the relevant provisions of EU 261/2004. The reason for the delay was due to ATC Staffing and Capacity Issues.
    Please note that the advice and/or opinion given by us, as the National Enforcement Body under EU Regulation 261/2004 is not binding on the air carrier or the Courts, in respect of individual complaints. Therefore, if you are still not satisfied with the airline's response, to any claim for compensation, even following our opinion, you will have to pursue the matter directly through the Courts or by means of alternative out-of-court dispute resolution mechanisms established in your country.
    Please be advised that the Department of Civil Aviation considers your case closed.

    Air Transport and Airports Section
    Department of Civil Aviation
    27 Pindarou Street
    1429 Nicosia
    Cyprus

    I've not responded as yet. Is there anything I can do now? Thanks in advance!
  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    First Anniversary First Post
    Put the flight details into EU claims or Bott online and see what they say
  • Alan_Bowen
    Alan_Bowen Posts: 4,850 Forumite
    Name Dropper First Anniversary First Post
    mcscoombs, the reply you have posted is clearly not from BA at all but from the Cypriot CAA. Have you written to BA or not, as the case immediately above your suggests BA are replying rapidly to cases at the moment?
  • tiggi2006bell
    tiggi2006bell Posts: 4 Newbie
    I was delayed from New York which meant I missed my connecting flight at Heathrow, BA are they saying that due to Air Traffic Control restricting operations and blocked of air space your aircraft needed to travel through that I am not entitled to compensation is this the case?
  • richardw
    richardw Posts: 19,458 Forumite
    First Anniversary First Post
    CEDR have found in my favour against BA.
    The cancelled flight was BA3280 10.12.17.
    From thebasource
    “BA CityFlyer Embraer 190 G-LCYM operating BA3279 London City – Florence diverted to Rimini early this evening due to weather at Florence. The aircraft later positioned Rimini – London Southend as BA9750. As a result BA3280 Florence – London City was cancelled.”
    CEDR commented and agreed with me that BA should’ve taken reasonable measures to avoid the cancellation.
    Posts are not advice and must not be relied upon.
  • JPears
    JPears Posts: 5,086 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    tiggi2006bell wrote: »
    I was delayed from New York which meant I missed my connecting flight at Heathrow, BA are they saying that due to Air Traffic Control restricting operations and blocked of air space your aircraft needed to travel through that I am not entitled to compensation is this the case?
    Hi tiggi. We need alot more information -0 dates, routes, flight numbers airlines etc to give any indication of claim validity.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • JPears
    JPears Posts: 5,086 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    richardw wrote: »
    CEDR have found in my favour against BA.
    The cancelled flight was BA3280 10.12.17.
    From thebasource
    “BA CityFlyer Embraer 190 G-LCYM operating BA3279 London City – Florence diverted to Rimini early this evening due to weather at Florence. The aircraft later positioned Rimini – London Southend as BA9750. As a result BA3280 Florence – London City was cancelled.”
    CEDR commented and agreed with me that BA should’ve taken reasonable measures to avoid the cancellation.
    :beer::j:T
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
  • super_saint
    super_saint Posts: 92 Forumite
    First Anniversary First Post Combo Breaker
    Tyzap wrote: »
    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 – 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.
    super_saint wrote: »
    Many thanks for your response - I have sent a mail to BA quoting the above. I will let you know outcome







    So BA have refused a second time - Firstly is there a time limit to appeal BA's decision to decline my request - flight was in August & they refused compensation in Nov (completely forget about it!!)


    In everyones's opinion what are my chances in taking this further with CEDR? I notice you say it's free but I see a £25 admin charge to make a case


    Any advise greatly received
  • mcscoobs
    mcscoobs Posts: 77 Forumite
    Alan_Bowen wrote: »
    mcscoombs, the reply you have posted is clearly not from BA at all but from the Cypriot CAA. Have you written to BA or not, as the case immediately above your suggests BA are replying rapidly to cases at the moment?

    How do I go about doing this? I did this through the Resolver site.

    Also, I tried raising it through EUClaims but I no longer have the boarding passes anywhere, which they need.... think I could obtain these from BA?
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