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    • jpsartre
    • By jpsartre 20th Jan 18, 11:29 AM
    • 3,162 Posts
    • 2,079 Thanks
    jpsartre
    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.
    Originally posted by BB.
    That doesn't mean you're entitled to compensation (nor does it mean that you're not). What matters is whether or not BA took every reasonable step to prevent your delay once it was determined that the originally scheduled aircraft couldn't be used.
    • Yvonnemmooney
    • By Yvonnemmooney 26th Jan 18, 7:40 PM
    • 3 Posts
    • 0 Thanks
    Yvonnemmooney
    Flight with BA was delayed by 4 hours and we missed our connecting flight resulting in an overall delay of 4 hours. We were flying from Accra to Heathrow, flight was delayed because the inward flight from Heathrow to Accra was delayed. We were told that the plane had to be repaired. Claimed compensation but this was denied as BA told me that the flight was grounded due to health and safety reasons, there was a report that there were bugs on the plane and it had to be fumigated. BA stating that it was out with their control. If I appeal do I have a chance of getting compensation. Thanks
    • Caz3121
    • By Caz3121 26th Jan 18, 7:52 PM
    • 11,192 Posts
    • 7,342 Thanks
    Caz3121
    put your flight details into EUClaim and bottonline's checkers, they will have access to the data to be able to confirm if the airline are correct (or not)
    • jpsartre
    • By jpsartre 26th Jan 18, 8:26 PM
    • 3,162 Posts
    • 2,079 Thanks
    jpsartre
    put your flight details into EUClaim and bottonline's checkers, they will have access to the data to be able to confirm if the airline are correct (or not)
    Originally posted by Caz3121
    They don't have access to anything. Most likely they'll say there's a valid claim whether it's the case or not.
    • legal magpie
    • By legal magpie 27th Jan 18, 4:36 PM
    • 870 Posts
    • 382 Thanks
    legal magpie
    It sounds a valid claim to me as some airlines regularly spray aircraft between flights. Purely operation issues.
    • ghol26
    • By ghol26 31st Jan 18, 4:34 PM
    • 64 Posts
    • 57 Thanks
    ghol26
    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
    • By ghol26 31st Jan 18, 4:37 PM
    • 64 Posts
    • 57 Thanks
    ghol26
    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
    • By UncleBuck 11th Feb 18, 11:56 AM
    • 47 Posts
    • 59 Thanks
    UncleBuck
    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.
    Originally posted by UncleBuck
    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!
    Proud to be a MF and DF MSE after following advice here and breaking the ground-in mental barriers to change!
    • Tyzap
    • By Tyzap 11th Feb 18, 3:42 PM
    • 1,386 Posts
    • 638 Thanks
    Tyzap
    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
    • By Justice13075 11th Feb 18, 4:31 PM
    • 1,124 Posts
    • 459 Thanks
    Justice13075
    EuClaim say you are possibly due !!!8364;250 put your details into Bottonline and see what they say
    • jpsartre
    • By jpsartre 12th Feb 18, 8:04 AM
    • 3,162 Posts
    • 2,079 Thanks
    jpsartre
    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
    • By Mirene 15th Feb 18, 12:32 AM
    • 5 Posts
    • 0 Thanks
    Mirene
    Cancelled and re-arranged flight
    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
    • By Tyzap 15th Feb 18, 9:40 AM
    • 1,386 Posts
    • 638 Thanks
    Tyzap
    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?
    Originally posted by Mirene
    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
    • By Mirene 17th Feb 18, 10:30 AM
    • 5 Posts
    • 0 Thanks
    Mirene
    Thanks for reply. New to this so didn't realise there was a dedicated BA thread.
    • wardy3910
    • By wardy3910 19th Feb 18, 9:38 PM
    • 1 Posts
    • 0 Thanks
    wardy3910
    Am I entitled to compensation?
    On our return journey from JFK to Manchester (via Heathrow) in October with BA, our flight from JFK was delayed by 30mins. This had a knock on affect with our connecting flight at Heathrow which we missed due to the delay. A number of passengers from the JFK flight managed to catch the flight but even though my family and another were fast tracked through by ground staff, we still were unable to catch the flight. Because of this, we had to wait 7 hours to be put on the next available flight. When I complained to BA, they said that we could not claim any compensation as the original flight was only delayed by 30mins.
    Can anybody give me their thoughts or advice on this one please?
    • jpsartre
    • By jpsartre 19th Feb 18, 9:55 PM
    • 3,162 Posts
    • 2,079 Thanks
    jpsartre
    It's the delay at the final destination that matters so if you missed your connection due to non-extraordinary circumstances you are due compensation.
    • JPears
    • By JPears 19th Feb 18, 10:52 PM
    • 3,683 Posts
    • 1,024 Thanks
    JPears
    If its a BA booking (both flights) this needs to be reposted on the BA thread please.
    Creating your own personal thread clutters up this board badly.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • Mirene
    • By Mirene 24th Feb 18, 5:06 PM
    • 5 Posts
    • 0 Thanks
    Mirene
    flight to alternative airport.
    About to board at Oakland USA ( destination London Gatwick) when told flight not leaving due to mechanical problem so would be taken to San Fransisco for later flight to London Heathrow which was scheduled to arrive at 15:00, more than 4 hours later than our original flight to Gatwick at 10:50.
    We had a connecting flight from Gatwick to Alicante, Spain but not with BA, but had to get to Gatwick - that was why we originally booked the Oakland to Gatwick flight.
    The Heathrow flight arrived just less than 4 hours (14:20) after our original flight to Gatwick was due to arrive (10:50) We had a mad dash from one airport to the other and managed to catch our flight to Alicante arriving at Gatwick just after 16:00. BA have reimbursed our cost of connecting travel but state as we arrived at Heathrow less than 4 hours late we were only entitled to €300 each compensation, which they have paid. However, I consider our original contracted destination is our 'final destination' - Gatwick, and the time we arrived there was more than 4 hours later than scheduled and as such, should be entitled to €600 each. (We arrived there a lot faster by arranging a car rather than National Express etc. No one could have gone from landing at Heathrow at 14:20 and arrived at Gatwick before 14:50.) Would appreciate views on this.
    • Justice13075
    • By Justice13075 24th Feb 18, 7:01 PM
    • 1,124 Posts
    • 459 Thanks
    Justice13075
    yes, you are correct they owe you 600 euro's per person.
    Last edited by Justice13075; 24-02-2018 at 7:02 PM. Reason: fault
    • JPears
    • By JPears 25th Feb 18, 1:01 PM
    • 3,683 Posts
    • 1,024 Thanks
    JPears
    like he says, you are correct. its your orgianl destination arrival time that counts.
    Shame on you BA for being dishonest with your customers.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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