Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
Page 93
    • jpsartre
    • By jpsartre 5th Jan 18, 1:11 PM
    • 3,269 Posts
    • 2,122 Thanks
    jpsartre
    I agree that if a flight is directly affected by weather, the regulations explicitly state that this would be an extraordinary circumstances. However, that is perfectly compatible with it being equally extraordinary that a flight indirectly affected by weather is also extraordinary (or that it isn't). In those cases that aren't explicitly mentioned, the clause that extraordinary circumstances are those that could not reasonably have been avoided comes into play. For instance, if a down-route weather delay causes a small delay (say 30 minutes) to a passenger's flight which then causes a misconnection and a 3 hour delay at the final destination it is usually not the kind of thing the airline could have avoided. On the other hand, bad weather several days would usually not count as extraordinary since the airline would have had plenty of time to solve the problems.
    • EmmaS123456
    • By EmmaS123456 7th Jan 18, 8:48 PM
    • 1 Posts
    • 0 Thanks
    EmmaS123456
    Hi,

    I was looking for people's thoughts on a flight cancellation and also if anyone's had previous similar experience.

    We were meant to be on ba1440 on the 27th of December but received an email 22 hours before the flight time saying it had been cancelled. BA then booked us on a later flight that day and arrived at our destination airport 4 hours later than planned.

    I've written to BA about compensation, however, they are refusing to pay out as say the flight was cancelled due to adverse weather.

    There was adverse weathe forecast for the time of the flight but it didn't actually come to anything. A fly be flight scheduled within 10 minutes of our departure time took off and landed fine at the airport.

    Can airlines decline compensation due to flights being cancelled due to a bad weather forecast or does the weather have to have actually been bad?

    Does my argument sound worth pursuing or should i give up?

    Thanks
    • jpsartre
    • By jpsartre 8th Jan 18, 11:38 AM
    • 3,269 Posts
    • 2,122 Thanks
    jpsartre
    Can airlines decline compensation due to flights being cancelled due to a bad weather forecast or does the weather have to have actually been bad?
    Originally posted by EmmaS123456
    I don't have an answer for your question but the exact same thing happened to me recently. As I expected, BA refused compensation, citing adverse weather conditions. I've handed it over to Bott and Co. No resolution yet but will update in here when I hear back from them.
    • Alan Bowen
    • By Alan Bowen 8th Jan 18, 6:50 PM
    • 3,057 Posts
    • 1,539 Thanks
    Alan Bowen
    BA had to cancel over 20 short haul flights from Heathrow that day. I believe Air Traffic Control imposed a reduced flow of arrivals and departures due to the weather and since BA have more flights than anyone else, they had to reduce the number of flights they operated that day. As this was outside their control, I doubt you will have any success in claiming, Flybe with less than 10 flights a day would not have been affected but then you would have had to fly Flybe, and that wouldn't be my choice
    • Anniedoc30
    • By Anniedoc30 11th Jan 18, 1:37 PM
    • 1 Posts
    • 0 Thanks
    Anniedoc30
    Ba flight cancelled Sunday 7 January 2018
    Hi I'm new to this so apologies if doing this wrong. Our flight was cancelled from Orlando to Gatwick on Sunday night, they sent us a text the day before, they did not actually give us a reason why it was cancelled and the first flight they could get us home on is today 11 January via Dublin, 4 days later. I presume it was weather related, shortage of planes, but do you think we can get compensation? Other flights were leaving Orlando and we were flying direct to Gatwick, then on to Glasgow, not going via east coast. BA have told us to hold on to receipts for expenses and this is increasing by the day for the 4 of us, but was hoping for compensation for the inconvenience and loss of earnings. Thanks for any advice.
    • Justice13075
    • By Justice13075 11th Jan 18, 1:44 PM
    • 1,173 Posts
    • 471 Thanks
    Justice13075
    Put your flight details into bottonline and EuClaim and see what they say.
    • Dave Coulson
    • By Dave Coulson 11th Jan 18, 11:19 PM
    • 3 Posts
    • 1 Thanks
    Dave Coulson
    Using Resolver Tool for BA claim
    Just wanted to let everyone know that I got confirmation from BA that they will settle my claim. In the end I didn't need to go through the CEDR as they contacted me shortly after I posted to the forum. However it was not completely without its frustrations which I thought I would share so others can go into this process better prepared.

    The first thing BA required was written confirmation from my wife that I was authorised to deal with her claim on her behalf. I thought that this was reasonable as we do not have the same surname. As her son was also on the flight and a minor, she also included in that letter, as his parent, that I was authorised to deal with his claim on his behalf.

    BA replied acknowledging receipt of my wife's delegation of authority but that I now needed to provide a letter signed by my step son granting me his authority. I replied and pointed out that he is a minor and they had valid legal authority from his parent and therefore legal guardian. I also questioned why BA did not require letters of authority from my two daughters, who are also minors. The reply was astounding to my mind that because my stepson is over 12 yo, he must give a letter of authority but my daughters did not because they had the same surname as me. At no point did I tell BA that they were my daughters so they were not to know that. So it appears that BA will let you deal with a minor's claim provided you have the same surname despite the fact that you may not be their parent and therefore have no legal right as a parent or guardian to do so. And they will not allow a parent grant authority on their child's behalf despite that they have the legal right to do so. It seems inconsistent, random and legally wrong. I suspect that it was just another delaying tactic.

    But cheque is in the post according to BA so a happy ending is approaching but it has been a long haul over 5 months.
    • JPears
    • By JPears 12th Jan 18, 10:32 AM
    • 3,776 Posts
    • 1,045 Thanks
    JPears
    Airlines appear sometimes (often) to be as obstuctive and obfuscate as possible.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Ricky80
    • By Ricky80 17th Jan 18, 11:43 AM
    • 3 Posts
    • 0 Thanks
    Ricky80
    BA not paid
    I had to go through CEDR to get BA to confirm compensation.

    My flight was delayed by 3hrs 15min on 23rd September but repeatedly BA denied compensation. So went with CEDR and BA accepted liability on 3rd Jan.

    But my problem is now to date 17th Jan, I have not seen any payment. I have asked CEDR what will happen if BA simply doesn't pay. CEDR said that will never happen. But it has happened and where do i go from here?

    I am owed 1200 euro as there were 4 passengers involved.
    Last edited by Ricky80; 17-01-2018 at 11:50 AM.
    • JPears
    • By JPears 17th Jan 18, 12:21 PM
    • 3,776 Posts
    • 1,045 Thanks
    JPears
    See my above post!
    CEDR should sort out the lack of payment for you.
    However there is one small problem, the have NO powers of enforcement that any of us are aware of.
    You may now have to progress your case through the courts to encourage payment.
    Have you already sent BA an NBA/LBA as part of your initial correspondance before the CEDR process?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Ricky80
    • By Ricky80 17th Jan 18, 1:58 PM
    • 3 Posts
    • 0 Thanks
    Ricky80
    The delay compensation was originally filed with BA through their website. after 2 months of to and fro, BA refused to confirm compensation nor conclude the decision was final. So I had no choice but to raise the issue with CAA and from their website I found CEDR. I filed the case with CEDR whom initially said without BA's finalise decision communicate ie specifically state that "decision is final and refer to CEDR" they could not deal with it immediately and I had to wait a further 28 days.

    which is why after nearly 4 months, BA has confirmed the compensation through CEDR.

    I have called CEDR today and the agent has confirmed what you said. The payment is law binding, i.e. BA has to pay. But there is no time limit and CEDR has no powers to enforce payment as they are just adjudicators. So they have advised me to wait a further 2 weeks then go through small claims court.

    I have been a loyal BA flyer for 20 years and this is the first time I have had troubles with BA and I am not impressed and certainly will be taking my custom to a larger carrier with much better customer services and reputation.
    • JPears
    • By JPears 17th Jan 18, 2:06 PM
    • 3,776 Posts
    • 1,045 Thanks
    JPears
    I think some of us are beggining to doubt the validity of ADRs.
    Wrong decsions on basic law, lack of enforcement power etc

    Hang on that sounds like the CAA, who endorse the ADR process....
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • symphony63
    • By symphony63 17th Jan 18, 3:04 PM
    • 66 Posts
    • 7 Thanks
    symphony63
    I had to go through CEDR to get BA to confirm compensation.

    My flight was delayed by 3hrs 15min on 23rd September but repeatedly BA denied compensation. So went with CEDR and BA accepted liability on 3rd Jan.

    But my problem is now to date 17th Jan, I have not seen any payment. I have asked CEDR what will happen if BA simply doesn't pay. CEDR said that will never happen. But it has happened and where do i go from here?

    I am owed 1200 euro as there were 4 passengers involved.
    Originally posted by Ricky80
    I dealt with BA through CEDR and they were very forthcoming. I think you are expecting BA to write a cheque out to you the next day, I'm sorry but it doesn't work that way. It could take up to 28 days for payment to come through, usual in large companies as it has to go through compliance and several different departments.
    I hope the best for you. Remember it still is a bonus, I know you suffered for it.
    • Ricky80
    • By Ricky80 17th Jan 18, 4:19 PM
    • 3 Posts
    • 0 Thanks
    Ricky80
    I don't really consider it as a bonus, as 1) I had a 6 month baby which I reserved a carrycot seat 6 month prior to the flight and called to make sure the reservation was correct and when I turned up in airport I was told the reserved seat was a standard seat and no facilities for babies 2) when you are carrying multiple carry on luggages going through airport securities and all the other affairs and trying to find the BA customer service desk to sort thing out just to realise that they hide their desk behind a couple of rather large pillars and under a set of escalators and behind a drinks vendor so it become near impossible to find. 3) whilst in conversation with the customer services, there was precious little sympathy for my situation even though it is entirely BA's fault and there was no remedial offered other than "maybe one of you can find a free seat and baby can have a seat" to that I asked "is there a free seat" to which customer services replied "the plane is full in your class and there is space in other class but I can't do anything for you and all i can say is there may be no shows and you have to have a word with the crew onboard" throughout there was no mention of flight delay. as I was acutely aware that time was slipping I didn't pursue any further with the customer services and start to proceed to departure gates to which I realised there was 2.5hour delay 4) there was no information provided on the nature of the delay or the exact length of the delay, all was said is that a technical issue and they are looking to resolve. by the time the flight took off from the airport it was nearly 4 hours from the supposed depart time. 5) once onboard the crew offered little help or assistance to resolve a complete !!!! up by BA and we had to have a 6 month old baby on our lap for a 14 hour flight that was delayed by 4 hours on departure.

    So no it wasn't just inconvenience, it was a complete disaster. it ruined the holiday for us as we were so exhausted and angry at the whole process. The whole outbound flight kept us concerned that our booked flight back will have similar issues resulted in 2 long distance calls to BA in UK to find out what is the situation and neither calls resulted in satisfactory answers. so we had to chance it on the way back.
    Last edited by Ricky80; 17-01-2018 at 4:22 PM.
    • Simplythebeast
    • By Simplythebeast 17th Jan 18, 4:59 PM
    • 6 Posts
    • 6 Thanks
    Simplythebeast
    Update re my ongoing battle with BA over flight delay compensation. They agreed that my flight from Vancouver to Manchester via Heathrow was 5 hrs late and offered a total of £440 for two of us based on the Heathrow to Manchester portion of the flight.
    I pointed out that as this was one booked flight from Vancouver to Manchester with a connection, I should be entitled to !!!8364;600 per passenger.
    BA flatly refused and stated they would take no further correspondence re increased compensation.
    I took the case to CEDR and today BA have agreed to pay a total of !!!8364;1200 (£1064) into my account within three days.
    Moral is, dont let them try to bully you into accepting their own interpretation of the rules, take your case to CEDR.
    • legal magpie
    • By legal magpie 17th Jan 18, 6:53 PM
    • 889 Posts
    • 391 Thanks
    legal magpie
    Very well said. BA used to be proud to be the British flag carrier. Now they are trying to be the British version of Ryan Air, putting two fingers up to customers
    • lara40
    • By lara40 19th Jan 18, 3:38 PM
    • 3 Posts
    • 0 Thanks
    lara40
    BA refused compensation stating First Officer reported sick not covered??
    I filed a claim for compensation using Resolver, our flight from St Lucia arrived back in the UK just under 4 hours late and took a detour via Grenada.
    I have had a response from BA to say they are rejecting the claim 'because on the previous sector from St Lucia to Grenada the First Officer reported sick which prevented the aircraft operating as scheduled. under EU legislation, I'm afraid we're not liable for a compensation payment in this situation'
    Our flight left late from St Lucia and then routed via Grenada to carry the passengers from earlier in the day. From Grenada then flew back to UK.
    I was under the impression that crew illness was a valid reason for a claim. Can anyone shed any light on this for me please?
    Thanks
    • Tyzap
    • By Tyzap 19th Jan 18, 10:00 PM
    • 1,444 Posts
    • 656 Thanks
    Tyzap
    Hi lara40,

    BA must have forgotten about this court case that they lost. This article may help to remind them....

    https://www.bottonline.co.uk/press-releases/judge-rules-crew-sickness-does-not-excuse-airlines-from-paying-flight-delay-compensation

    Good luck.
    Please read Vaubans superb guide. To find it Google and then download 'vaubans guide'.
    • BB.
    • By BB. 20th Jan 18, 10:15 AM
    • 51 Posts
    • 4 Thanks
    BB.
    Hi BB,

    Yes, the principal is the same, your flight was not directly affected. Sometimes the airlines put up a pointless argument in an underhand way to put claimants off. I'm sure you will get your compensation when BA see sense.

    It also looks like passengers on BA850, LHR - WAW, are also due compensation.

    Good luck and please keep us updated on your progress.
    Originally posted by Tyzap
    I just got a response from BA:

    “Your claim’s been refused because BA0851 on 27 December was delayed for safety and security reasons, which resulted in us having to use an alternative aircraft to operate your flight. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.”

    Just to remind everyone that it wasn’t my flight that was directly affected by the airplane change but the flight before and this resulted in the delay to my flight.

    What would you suggest is the best course of action? Should I pass this to one of the ‘no win no fee’ firms?

    Thanks for your contributions...
    • JPears
    • By JPears 20th Jan 18, 10:59 AM
    • 3,776 Posts
    • 1,045 Thanks
    JPears
    bb - sounds like BA obfuscating BS.
    download Vauban's most useful and excellent guide. Large mug of tea, some biccys and start reading. No need to hand over to NWNF, DIY route entirely possible.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,220Posts Today

6,376Users online

Martin's Twitter