Flight delay and cancellation compensation, BA ONLY

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Comments

  • legal_magpie
    legal_magpie Posts: 1,194 Forumite
    First Anniversary First Post
    It sounds a valid claim to me as some airlines regularly spray aircraft between flights. Purely operation issues.
  • ghol26
    ghol26 Posts: 69 Forumite
    I contacted BA through their online form as advised snout this 24 hour delay on 29th December. They have sent me some useless evoucher and have added Avios points to my account in the meantime but nothing has happened regarding flight delay compensation. I checked eligibility on the EU Claims website which suggests I am entitled to compensation.
    How much longer should I be waiting?
  • ghol26
    ghol26 Posts: 69 Forumite
    I contacted BA through their online form as advised about this 24 hour delay on 29th December. They have sent me some useless evoucher and have added Avios points to my account in the meantime but nothing has happened regarding flight delay compensation. I checked eligibility on the EU Claims website which suggests I am entitled to compensation.
    How much longer should I be waiting?
  • UncleBuck
    UncleBuck Posts: 47 Forumite
    First Anniversary Combo Breaker Mortgage-free Glee!
    UncleBuck wrote: »
    long story short, Ba1336 17:45 LHR to NCL cancelled on 5th August 2017. Submitted claim via Resolver, eventually escalated to CEDR. Passed CEDR review and now BA have submitted a defence stating

    weather conditions,
    restricted flow rate in LHR
    "The cancellations were ultimately caused by ATC’s decision to irrevocably restrict flight movements."
    NEB Guidelines re Items 10,12, 29 and 30 :
    "10 Meteorological conditions or natural disaster or similar events
    Conditions and events incompatible with the safe operation of the flight. These conditions and events may be forecast to arise at either the airport of departure, the airport of arrival or along the intended flight path of the aircraft.
    12 Meteorological conditions or natural disaster or similar events
    Conditions and events resulting in capacity restrictions at either the airport of arrival or the airport of departure.
    29 Air Traffic Management
    Where Air Traffic Control suspends or restricts operations out of the airport of departure or into the airport of arrival.
    30 Air Traffic Management
    Where Air Traffic Control suspends or restricts operations into or out of a block of air-space through
    which the air carrier must travel in order to operate the flight.
    There were no reasonable measures that could have been taken by British Airways to avoid the cancellation."

    We were rebooked on a flight the next day late on Sunday evening. They have the cheek to say that they supplied lunch vouchers for the Sunday, we had to check out from the hotel by 12 noon, lunch started AT 12noon, so our lunch vouchers were denied!.

    I need to submit my defence within 2 weeks to CEDR. Any assistance would be appreciated. At the same time that they cancelled the Newcastle flight, they also cancelled Manchester, Dublin and Paris i.e. the short haul flights.

    Thanks in advance
    Regards
    UncleBuck

    NB:
    I did notice on
    https://www.flightdelays.co.uk/airline/british-airways

    That our actual flight BA1336 is on their list of claims submitted but of course it doesn't state that this was successful.

    Ok so CEDR appointed an adjudicator who has ruled in BA's favour. Apparently repotred thunderstorms in the area (we didn't see any!) is considered and 'extraordinary circumstance'. The ajudicator states "accept on the evidence before me on the balance of probabilities that the weather conditions resulting in the ATC restrictions reducing the flow into and out of LHR and the resulting cancellation of the Flight constituted an extraordinary circumstance. I am satisfied that the Airline took reasonable measures and it was unable to avoid the cancellation".

    Is it just me, should the adjudicator not make a decision on the facts, when has "on the balance of probabilities" been a fact?.

    I now have upto 20 days to agree the decision or rebuke. Any suggestions would be warmly welcomed. As with everything with BA, its now more than just the compensation money, its a point of principle for me!.

    Regards
    Uncle Buck
    There's always someone bigger and better, smarter and stronger but there's only one YOU!:j
    Proud to be a MF and DF MSE after following advice here and breaking the ground-in mental barriers to change! :cool:
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    First Anniversary Combo Breaker
    Hi,

    I would have thought that if the date of your delay is not included in this CAA list then it should not be accepted by the CEDR adjudicator. As your delay was not on one of the CAA exempted date there seems to be no justifiable reason for this decision.

    https://www.caa.co.uk/Passengers/Resolving-travel-problems/Delays-cancellations/Your-rights/Am-I-entitled-to-compensation-/

    It's yet another bizarre decision by CEDR.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Justice13075
    Justice13075 Posts: 2,008 Forumite
    First Anniversary First Post
    EuClaim say you are possibly due !!!8364;250 put your details into Bottonline and see what they say
  • jpsartre
    jpsartre Posts: 4,085 Forumite
    Name Dropper First Anniversary First Post
    If the cancellation was due to ATC restrictions, no compensation is due so I don't see anything bizarre about the CEDR decision. The list on the CAA website isn't an exhaustive list of flights cancelled by ATC. Since other shorthaul flights were cancelled from LHR that day, ATC restrictions sounds like a plausible culprit.
  • Mirene_2
    Mirene_2 Posts: 5 Forumite
    Our flight with BA from Oakland to Gatwick was cancelled one hour before take off and we were offered a flight from San Fransisco to Heathrow. We had a connecting flight from Gatwick, not with BA. Our original flight was due to land at 10:50 but the alternative landed about 14:30 ( was due 15:00) but was at Heathrow. We then had to travel to Gatwick for the connecting flight. Due to a fast car transfer we arrived at Gatwick after 16:00 and managed to catch our next flight at 17:50. Are we entitled to compensation based on the time we arrived at Gatwick or Heathrow?
  • Tyzap
    Tyzap Posts: 2,112 Forumite
    First Anniversary Combo Breaker
    Mirene wrote: »
    Our flight with BA from Oakland to Gatwick was cancelled one hour before take off and we were offered a flight from San Fransisco to Heathrow. We had a connecting flight from Gatwick, not with BA. Our original flight was due to land at 10:50 but the alternative landed about 14:30 ( was due 15:00) but was at Heathrow. We then had to travel to Gatwick for the connecting flight. Due to a fast car transfer we arrived at Gatwick after 16:00 and managed to catch our next flight at 17:50. Are we entitled to compensation based on the time we arrived at Gatwick or Heathrow?

    Gatwick, where you were originally due to arrive.

    Please post any further questions on the dedicated BA thread.

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
  • Mirene_2
    Mirene_2 Posts: 5 Forumite
    Thanks for reply. New to this so didn't realise there was a dedicated BA thread.
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