Flight delay and cancellation compensation, BA ONLY
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Thanks All, information from BA??? That's like pulling teeth...took 45 minutes to get through to Customer Relations to ask for this info, was then put on hold for 'a few minutes whilst I contact the relevant department to get that info for you sir' ...40 minutes later I gave up as it was now 10 minutes past their operating hours.
Will try email but expecting a long wait!
To Fly, to Serve....hmmm!!!0 -
Morning all,
Once again I seek your advice! After giving BA notification that I was taking matters further following the Hurzar win, I have received the following reply. My question is, do I still proceed with the NWNF path or wait? Any help is greatly appreciated. (would just mention that although our initial flight was delayed 149 minutes, we missed our 2 connecting flights and our total delay was nearer 6 hours)
Thank you for contacting us regarding EU Compensation for your flight BA1477 on 16 October 2009. I would like to apologise for the delay in replying to you.
Your flight was delayed in arriving by 149 minutes due to technical reasons.
In accordance with Regulation 261/2004, compensation is payable in some instances for delays in arrival of 3 hours or more. However, compensation is not payable if the delay is due to ‘extraordinary circumstances’.
There are examples of what can constitute “extraordinary circumstances” set out in the Regulation 261/2004, including technical issues. In the regulation technical issues are referred to as “unexpected flight safety shortcomings”. The reason for the delay to your flight was a technical issue of this nature, and therefore, compensation would not be payable in accordance with the regulation.
The issue of what constitutes a technical fault amounting to an ‘extraordinary circumstance’ was recently considered by the Court of Appeal in the case of Huzar v Jet2.com. However, this is being appealed to the Supreme Court. In the circumstances, we are postponing consideration of your claim for compensation until the Supreme Court has issued its decision.
Once the decision is issued, please contact us with your case reference so that the circumstances of your delayed flight can be reviewed in light of the Supreme Court decision.
Thank you once again for contacting us. I do understand that this is not the answer you were hoping for and I’m sorry to disappoint you on this occasion.
thanks again for your help.
Tania0 -
Morning all,
Once again I seek your advice! After giving BA notification that I was taking matters further following the Hurzar win, I have received the following reply. My question is, do I still proceed with the NWNF path or wait? Any help is greatly appreciated.
I would read the Huzar thread however there are some blatant mistakes in the BA letter.
1) There are not any examples in 261/2004 re technical matters - this is the very point of the Huzar appeal and why it is needed.
2) Unexpected flight safety shortcomings are not the same as technical matters - the Dreamliner recall in respect of the battery problem was a UFSS.
3) The permission to grant the Huzar appeal has not yet been considered - or have BA/CAA/airlines got some inside information!
Finally watch your dates as you are getting closer to the threshold and the BA letter suggests to me that they are trying to delay you and then say "you have left it to late".0 -
BA flight 2156 from Antigua to Gatwick due out yesterday at 20.45. No show due to a 'technical fault' at Tobago where plane started from. Still no show and the very earliest my son and his wife (on honeymoon) can leave is next Tuesday ( but given there's about 200 passengers affected, they're not guaranteed that). My query is less about the compensation element (I think that's pretty clear cut and he'll sort that out once back) but more about a 'duty of care'. Under the regs for a delay of this magnitude, should not BA be looking at seats on other carriers to get the passengers off the island ( if not for my son & wife who are able to look after themselves but at least for those with young children?) or organise a special charter?
Thanks0 -
Duty of care extends to accommodation, food, refreshments and phone calls and compensation will be a statutory 600€ per person however there are guidelines in respect of 'what to do' the key one being there should be a passenger central point of contact for those who wish to claim. Basically the passengers should 'get together' as the Virgin 24 hour delay and the Monarch Tobago 3 day delay.
I have sent you a message.0 -
Thought people should be made aware that BA are now refusing to pay any further compensation for delayed flights, despite the recent ruling of Jet2 vs. Huzar (Huzar won and it was established that Technical Faults cannot be deemed Extraordinary Circumstances).
Nevertheless, BA are claiming in my case that as Jet2 are appealing the decision in the supreme court, they are suspending any compensation claims until the outcome is established.
absolutely shocking, especially since the likes of Virgin actually paid out a number of outstanding compensation claims following the recent verdict. I find it hard to believe that BA have taken the opposite stance!
Currently in the process of raising the issue through CAA.0 -
After sending template letter to BA back in June complaining of delayed departure of nearly 4 hours I recieved an email 5th July saying they have given me a case id and would be in touch as soon as possible however I have heard nothing even no response to the 3 emails I've sent.. any suggestions please.
Thanks to above poster now I see why they are dragging there heels, well Im not going to give up just yet, just need some direction how to proceed.0 -
Currently in the process of raising the issue through CAA.
Probably unlikely to change anything
From other threads...it could take months for you to get a response
....they may well decide that BA need to pay up but have no authority to force them to...their recommendation may just be handy if you go to court0 -
Just a Nice update for everyone still fighting to get compensation from BA.
Sent another email to BA after 4 rejections about 6 weeks ago asking in light of the Huzar appeal, if they would re-look at my case. Expected to get the usual rejection but got an email last week from them to say that I was due compensation for myself, my wife and our travelling companion. So they are now in the process of transferring 1800 Euros to my bank account. Result!:)
So definitely worth while to keep at it.
Cheers0 -
I got the same letter, as I wouldn't accept there explanation of 2 days cancelled flights due to "extraordinary" circumstances (the previous incoming flight was delayed due to bad weather). Now they have told me I have to wait until the appeal has been settled!Thought people should be made aware that BA are now refusing to pay any further compensation for delayed flights, despite the recent ruling of Jet2 vs. Huzar (Huzar won and it was established that Technical Faults cannot be deemed Extraordinary Circumstances).
Nevertheless, BA are claiming in my case that as Jet2 are appealing the decision in the supreme court, they are suspending any compensation claims until the outcome is established.
absolutely shocking, especially since the likes of Virgin actually paid out a number of outstanding compensation claims following the recent verdict. I find it hard to believe that BA have taken the opposite stance!
Currently in the process of raising the issue through CAA.abolish call centres now!0
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