Flight delay and cancellation compensation, BA ONLY

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  • 7Chrono
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    Hi,

    On May 28th I was booked on BA flight BA0554, departing 15:45 from Heathrow to Fiumicino (Rome), along with my wife, baby son, my parents and my wife's parents. Around 11am we received an email informing us the flight was cancelled, and we'd been provisionally reallocated to a flight at 7am the next morning via Madrid. We spent some time trying to find a better option but couldn't find anything at that short notice, so accepted the alternative.

    The replacement flight was fairly unpleasant, since we faced a 4am start, and the schedule for the change at Madrid left us with a totally inadequate time for changing planes (you have to go through security at Madrid if changing terminal -- we had to run through the airport and almost missed the connection, not easy when my father has an ankle injury).

    Since we arrived ~19 hours later than scheduled, I've made a complaint and request for compensation to BA. They've rejected, stating that the flight was cancelled due to adverse weather, and they're therefore not liable. From flightaware.com I found data for other flights making the exact same journey that afternoon, all of which flew as normal. I sent details of the flights to BA stating that I was sceptical of their explanation for the cancellation. They've replied, again simply stating it was cancelled due to adverse weather and that no compensation is due. They didn't offer any evidence to support the adverse weather claim.

    I live locally to Heathrow. The weather that day was sunny, save for a heavy rain shower around 6-6:30pm, and as I've mentioned, other flights that afternoon, before and after ours, flew as normal.

    Do I threaten a legal remedy now? Is there any way of determining whether it's true they cancelled the flight because of weather? I'd be grateful for any advice about how to proceed.

    Thanks,

    Luke
  • Caz3121
    Caz3121 Posts: 15,545 Forumite
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    7Chrono wrote: »
    Do I threaten a legal remedy now? Is there any way of determining whether it's true they cancelled the flight because of weather? I'd be grateful for any advice about how to proceed.
    have a look in the nwnf calculators with your details (EUclaim, bottonline) and see whether they believe there is a claim
  • JPears
    JPears Posts: 5,086 Forumite
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    Sounds a bit suspicious weather if no other flights affected. A good simple check is to use an online checker such as Botts. If they say no claim then it's more than likely they are correct. If they say there's a valid claim, then possibly there is.
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  • ollie31770
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    Several passengers flying from Florence were refused boarding at the gate yesterday. The reason given was the ‘wind’, length of runway and weight of plane. This affected a number of flights.

    I was given a hotel and rerouted from Pisa. All in all I am looking at a 24 hour delay.

    Now, can I claim EU compensation, or would this be classed as weather-related? Looking into it, it is more likely to do with heat / air pressure combined with the short runway and need for a sharper ascent. I wouldn’t really view 35 degree heat as ‘extraordinary’ however.

    Also, how does a travel insurance claim fit into this?

    Thanks for your help.
  • JPears
    JPears Posts: 5,086 Forumite
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    Possibly BA used a different aircraft type to normal which either didn't have the passenger capacity or as you suggest insufficient load capacity. Either way neither of them is an EC. 35c is certainly not uncommon in Tuscany an BA would have known the weather forecast. Did BA ask for volunteers as they are legally obligated to do?
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  • ollie31770
    ollie31770 Posts: 16 Forumite
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    It was scheduled to be an E170, and was an E170.

    They did not ask for volunteers, selecting 12 passengers and telling them to leave where they came in and collect bags from lost and found. People were offloaded at different stages (check in, gate, even on the bus I hear).
  • Tyzap
    Tyzap Posts: 2,112 Forumite
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    edited 6 August 2018 at 9:34AM
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    Hi Ollie31770,

    That is Involuntary Denied Boarding (IDB).

    There is no defence open to the airline for IDB so you should receive your compensation (once you apply for it) without too much trouble, fingers crossed!

    You should also inform the CAA that volunteers were not requested by BA. You were forced off the flight against your will and that is in complete contradiction with what they are expected to do in that situation.

    Some passengers would probably have been happy to stay for another night for a tempting cash payment. That way the situation could have been resolved to everyones satisfaction.

    More about this situation here...

    https://www.pprune.org/10214476-post102.html

    Good luck.
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  • ollie31770
    ollie31770 Posts: 16 Forumite
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    Thanks for that advice, much appreciated!
  • 7Chrono
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    Hi, the flight compensation tools suggest that I'd be eligible for compensation. What's the next step? Do I threaten to take them to the small claims court, or is there a regulator or ombudsman I can go to first?

    Thanks,

    Luke
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
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    Google and download "Vaubans guide" all in there
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