Originally Posted by
runway27L
Hi everyone
I'd previously filed a claim for compensation after a July evening flight out of Bergerac was delayed until the afternoon the following day, meaning that I booked myself onto an early flight the following morning out of Toulouse on easyjet to ensure I got to London when I needed to be there. All rebooking options that BA offered would have got me to London far too late.
BA have rejected my claim on the basis that I did not travel on the delayed flight and so am no longer entitled to compensation. To quote their initial reply:
"I'm sorry to learn about the flight BA8746 on the 2 July 2017 that was delayed until the next day. As you didn't travel on this ticket, you are not eligible for EU compensation. You would have had to travel on this flight or one that we rebooked you on to be entitled to this. I understand this is disappointing to hear, but you are entitled to a full refund of this ticket. "
When I queried this the following reply was given:
"Our position hasn't changed therefore your claim for EU compensation is denied. As previously mentioned, you choose to make your own way back and have requested a refund of your unused ticket.
As your contract of carriage with us was broken and you were no longer in our care, you're not entitle to EU compensation. I'm sorry for any disappointment caused."
My question here, is it still worth me pursuing the compensation given the above responses? I feel like although the flight was delayed, it was essentially a cancellation as it left the next day, about 20 hours its scheduled departure time. And is it not immaterial if I chose to make my own way back to London, given that if I had stuck around and travelled on my BA ticket, I would have been entitled to compensation at any rate?
Any help gratefully received.
did you have any subsequent legs on that ticket or was this the inbound leg of your ticket? and when did you (eventually) arrive london?
Anyways, i believe you should reword your claim to suit the following:
https://en.wikipedia.org/wiki/Flight...ation_261/2004
If a flight is delayed by five hours, passengers are additionally entitled to abandon their journey and receive a refund for all unused tickets,
a refund on tickets used already if the flight no longer serves any purpose in relation to their original travel plan,
and, if relevant, a flight back to their original point of departure at the earliest opportunity.
I would see this as a refund of the original ticket - you can also try claim this flight as replacement transport option for the
delayed flight.
Also, IF your "delayed" flight can be seen as "cancelled" (Sturgeon v Condor), then perhaps you could claim the compensation. perhaps you'll have to raise ur case to CEDR or MCOL. I dont see how if your flight were seen as "cancelled" you can be expected to take it. so i THINK you may be qualified to apply for the compensation too, tho i shall also leave this to be confirmed by one of us who is more knowledgeable on this matter.
http://ec.europa.eu/dgs/legal_servic.../07c402_en.pdf
On the other hand, the Court interprets the relevant
provisions of the Regulation in the light
of the general principle of equal treatment.
According to the Court, the situation of passengers who have reached their destination
with a delay of more than three hours as a result of a cancellation or a mere delay of
their flight is comparable from the point of view of damage suffered.