Flight delay and cancellation compensation, BA ONLY

16667697172268

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  • catch22
    catch22 Posts: 540 Forumite
    First Anniversary
    Quick question. - Flight from USA to London with BA delayed 90mins, therefore missed connecting flight by 10 mins, again with BA to Norway. My friend now has to wait 9 hours for next flight, only been given £10 towards food and drink. Can she claim? Thank you in advance
    catch22
  • David_e
    David_e Posts: 1,498 Forumite
    First Anniversary Combo Breaker
    catch22 wrote: »
    Can she claim? Thank you in advance

    Have a look at the FAQs and try a search for "connecting flight".
  • Caz3121
    Caz3121 Posts: 15,544 Forumite
    Name Dropper First Anniversary First Post
    catch22 wrote: »
    Quick question. - Flight from USA to London with BA delayed 90mins, therefore missed connecting flight by 10 mins, again with BA to Norway. My friend now has to wait 9 hours for next flight, only been given £10 towards food and drink. Can she claim? Thank you in advance

    Was this a single ticket or separate tickets?
    What was the reason for the 90 minute delay?
  • catch22
    catch22 Posts: 540 Forumite
    First Anniversary
    edited 4 May 2014 at 2:10PM
    Caz3121 wrote: »
    Was this a single ticket or separate tickets?
    What was the reason for the 90 minute delay?

    It is an around the world ticket but BA were the carrier for USA-UK-NO part.

    No idea about the reason for the delay, just that it meant arriving 10mins late for the connecting flight which therefore meant a 9hour wait in London.

    Thinking this might be appropriate - What about connecting flights on the same booking (same PNR)?
    These are covered, and what matters is the final destination timing. So if flight A is slightly late but you miss flight B and arrive very late, the delay at your final destination is what counts. So you would be covered by the regulations in this scenario, and BA would be responsible for getting you to your final destination. However if flight B was cancelled / delayed AND is not operated by BA AND is entirely outside Europe, then you would not be covered by the Regulations for flight B as far as cancel. See Post 6, Q3.
    catch22
  • Caz3121
    Caz3121 Posts: 15,544 Forumite
    Name Dropper First Anniversary First Post
    catch22 wrote: »
    It is an around the world ticket but BA were the carrier for USA-UK-NO part.

    No idea about the reason for the delay, just that it meant arriving 10mins late for the connecting flight which therefore meant a 9hour wait in London.

    Thinking this might be appropriate - What about connecting flights on the same booking (same PNR)?
    These are covered, and what matters is the final destination timing. So if flight A is slightly late but you miss flight B and arrive very late, the delay at your final destination is what counts. So you would be covered by the regulations in this scenario, and BA would be responsible for getting you to your final destination. However if flight B was cancelled / delayed AND is not operated by BA AND is entirely outside Europe, then you would not be covered by the Regulations for flight B as far as cancel. See Post 6, Q3.

    There is a link to the Folkerts case in the FAQs that covers delayed arrival at final destination so they should have a claim IF the delay was not something that was outside BAs control eg weather/ATC etc
  • groove_timer
    groove_timer Posts: 18 Forumite
    Hi All,

    So I thought I'd reply to the original response from BA stating that I was not liable for compensation due to extraordinary circumstances with a fault with the rudder during the maintenance checks.
    After reading the FAQ's I thought I'd reply that this shouldn't fall under their interpretation for EC and got the response below.
    Is it worth continuing this with a letter and possible legal action in the future?

    Cheers.

    BA response:
    I have reviewed your claim for compensation and as explained earlier your flight BA0283 on 04 April 2014 was delayed due to unexpected flight safety shortcomings, which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation.

    During our final safety checks, we noticed a fault with the rudder, which led to an aircraft change. As the rudder system had been maintained in accordance with the manufacturers guidelines, this constitutes as extraordinary circumstances and could not have been avoided.

    Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. I regret, therefore you are not entitled to compensation under the EU Regulation for your delayed flight.

    I realise that this will be disappointing for you but I hope this information will enable you to understand our decision.
  • Vauban
    Vauban Posts: 4,736 Forumite
    First Anniversary Combo Breaker
    BA response:
    I regret, therefore you are not entitled to compensation under the EU Regulation for your delayed flight.

    I love their imaginative use of the word "therefore" in the penultimate paragraph. It slips the Gordian Knot of reasonable logic with such grace ...
  • David_e
    David_e Posts: 1,498 Forumite
    First Anniversary Combo Breaker
    Is it worth continuing this with a letter and possible legal action in the future?

    These are my thoughts:

    http://forums.moneysavingexpert.com/...postcount=4238

    But as KAB111 said last week: "May as well wait for Huzar IMO then go for them and give them both barrels - you had a technical problem which does not mean a safety shortcoming. "
  • groove_timer
    groove_timer Posts: 18 Forumite
    Thanks David_E for your link, makes perfect sense.

    Hopefully the huzar appeal will come out in the side of the customer and allow us to continue our fight for fair compensation.
  • Hi, I was delayed about 20hrs on a flight from Vancouver to Germany about 3 weeks ago. I read some advice and used a template letter to send a claim.

    The delayed was caused by a sick captain in Vancouver.

    My claim was rejected. This is what I received as a response:

    Thank you for contacting us. I apologise for the delay in replying to you.

    Your claim for compensation has been refused because flight BA0084 on 17 April 2014 was delayed as Captain reported sick prior to departure and the spare Captain required minimum rest, which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation.

    Unfortunately airline operations are subject to circumstances outside the airline's control. British Airways takes all reasonable measures to avoid delaying a flight in such circumstances. Consideration is given to whether there are any operational options available before a decision to delay is made. We are sorry that the delay was necessary in this case.

    Thank you again for following this up with us. I do hope we have the chance to welcome you on board again soon.

    Best regards

    Rahul Mishra
    EU Compensation Claims

    Do you think that I can still persue compensation? Would you have any advice on which steps I can take next? Any help would be greatly appreciated.

    Thank you.
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