The BA Compensation Thread: Your guide to Regulation 261/2004 [2013 archive]
Feb 2, 2013, 4:48 pm
#136
Join Date: Jan 2009
Location: LUX
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Posts: 851
Short answer is nothing. BA is not responsible for consequential loss of the early departure as far as I understand. They will see it as you agreeing to take an earlier flight, and they got you to your destination early.
Feb 2, 2013, 6:34 pm
#137
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OP chose to take an earlier flight and to create a situatifl on in which he "must" fly again. Even if that extra trip is somehow damage, it's consequential damage and expresssly excluded.
He's also due no compensation because he wasn't delayed and no duty of care because he went home early.
He's also due no compensation because he wasn't delayed and no duty of care because he went home early.
Feb 2, 2013, 8:42 pm
#138
FlyerTalk Evangelist
Join Date: Jul 2002
Location: SE1, London
Posts: 23,449
Nothing. As others have said, no liability for consequential loss.
Feb 3, 2013, 2:02 am
#139
Join Date: Jun 2003
Programs: BA, IHG, 5C
Posts: 4,413
I am missing something then?
Unless this was extraordinary circumstances, the OP is entitled to €600 unless:
they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
Looks the OP had to depart 4 hours earlier. We don't know if they were offered a connection that met the 1hr/2hr limits. But if not, there is little difference between between being forced early than delayed.
Unless this was extraordinary circumstances, the OP is entitled to €600 unless:
they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
Looks the OP had to depart 4 hours earlier. We don't know if they were offered a connection that met the 1hr/2hr limits. But if not, there is little difference between between being forced early than delayed.
Feb 3, 2013, 2:31 am
#140
Join Date: Jan 2013
Programs: BA Silver
Posts: 29
What are my rights
In any case, surely a letter to BA is likely to produce some goodwill Avios or even cash compensation?!
Feb 3, 2013, 3:03 am
#141
Join Date: Aug 2012
Programs: KLM Plat, BA Bronze
Posts: 383
I am missing something then?
Unless this was extraordinary circumstances, the OP is entitled to €600 unless:
they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
Looks the OP had to depart 4 hours earlier. We don't know if they were offered a connection that met the 1hr/2hr limits. But if not, there is little difference between between being forced early than delayed.
Unless this was extraordinary circumstances, the OP is entitled to €600 unless:
they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
Looks the OP had to depart 4 hours earlier. We don't know if they were offered a connection that met the 1hr/2hr limits. But if not, there is little difference between between being forced early than delayed.
Feb 3, 2013, 4:51 am
#142
Moderator: British Airways Executive Club
Join Date: Jan 2009
Programs: Battleaxe Alliance
Posts: 22,127
I recommend reading Section 11) of the Wikipost of this (now merged) thread for reduced compensation for cancelled flights.
Feb 3, 2013, 8:24 am
#143
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Join Date: Feb 2009
Location: From ORK, live LCY
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I am missing something then?
Unless this was extraordinary circumstances, the OP is entitled to €600 unless:
they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
Looks the OP had to depart 4 hours earlier. We don't know if they were offered a connection that met the 1hr/2hr limits. But if not, there is little difference between between being forced early than delayed.
Unless this was extraordinary circumstances, the OP is entitled to €600 unless:
they are informed of the cancellation less than seven days before the scheduled time of departure and are offered re-routing, allowing them to depart no more than one hour before the scheduled time of departure and to reach their final destination less than two hours after the scheduled time of arrival.
Looks the OP had to depart 4 hours earlier. We don't know if they were offered a connection that met the 1hr/2hr limits. But if not, there is little difference between between being forced early than delayed.
Feb 6, 2013, 9:14 am
#144
Join Date: Aug 2012
Programs: KLM Plat, BA Bronze
Posts: 383
I've read over the info again and I reckon i'm most probably due the E300. As by the letter of the law, though the flight was canceled and I was rebooked on an earlier flight, i'm caught by the fact that I was not more than 4 hours late so will probably get the reduced amount.
Will let you know what happens.
Will let you know what happens.
Feb 6, 2013, 9:26 am
#145
Join Date: May 2010
Location: Global Again
Programs: OWS IHG Diamond + Accor Plat, Scandic Top Level
Posts: 762
Update...
I think the time varies, I have a ongoing claim for a 6 hour long haul from the middle of November 2012, the initial claim via email, no response after 6 weeks.
Followed up with letter and still no reply after a further 3 weeks.
Somewhere on here I have read that there is a back log of 30,000 plus claims.
Not expecting a reply for a while yet...
Followed up with letter and still no reply after a further 3 weeks.
Somewhere on here I have read that there is a back log of 30,000 plus claims.
Not expecting a reply for a while yet...
Just received BA email to say check in the post.
BA, thank you !
Feb 9, 2013, 7:51 am
#146
Join Date: Feb 2013
Posts: 1
13 hours + delayed. Do I have a case for compensation?
Hi,
Hoping someone might be able to suggest whether it is worth pursuing compensation for my rather extraordinary experience with BA during the recent LHR/snow fiasco in January. You might think 'no chance - it was weather', but read below and see if you still think that is the case.
18Jan : At LHR, Boarded BA175 to LasVegas. Sat unmoving for 6.5 hours. Then were told 'flight cancelled' and disembarked. No alternative flight given. No luggage returned. No assistance with finding a hotel. Found a local hotel and stayed overnight with no change of clothes/toiletries etc. During night was rebooked by my (US) travel agent onto flight on 20thJan
19 Jan : returned to LHR to retrieve luggage. Told 'Cannot have your luggage'. Went home.
20 Jan : Boarded BA175 to LasVegas. Sat unmoving for 7 hours. Very uncomfortable, poor communication - no announcement for 2 hours (at one point told 'PA not working'). Very distressed passengers, very hot, 2 people near-fainting, some in tears. After 5 hours were told 'flight rescheduled to tomorrow' but could not disembark for another 2 hours. When we got off, still no luggage, no accommodation. Flight was rescheduled for 11:30.
21 Jan : Returned to LHR for 8AM to find the 11:30 had been shifted to 2:30. Then was delayed to 3:30. Boarded but didnt take off until around 5:30PM.
In total 4 days (friday pm to monday pm) from original departure to when I arrived at Vegas. In that period, 13.5 hours sitting on BA175 on the ground, 9hrs in the air, no luggage returned.
Trip was a business trip with commercial impact - I was due to present at a conference and was a no-show which affected both my employer and my career.
(I was the poor guy you may have heard interviewed and quoted on BBC Today Program, BBC News, 5Live and various other media channels during this time. As I said to BA in a letter, I was a 'very visible, very unhappy customer').
A colleague that was only impacted by the one cancellation on the 18th received offer of 200GBP evoucher from BA. I received the same offer, rejected it, received 350GBP evoucher offer, rejected it, got radio silence from BA. Now found this forum (great)!
So, there it all is. Can anyone suggest whether there is a case for financial compensation in that whole sorry story? I know BA can't control the weather, but it only really snowed with impact on the 18th, and the rest was catchup/knockon, mostly around waiting for the plane to be de-iced.
Thanks in advance, and if I should post this somewhere else, feel free to tell me that too!
Ian
(BA ExecClub Silver)
Hoping someone might be able to suggest whether it is worth pursuing compensation for my rather extraordinary experience with BA during the recent LHR/snow fiasco in January. You might think 'no chance - it was weather', but read below and see if you still think that is the case.
18Jan : At LHR, Boarded BA175 to LasVegas. Sat unmoving for 6.5 hours. Then were told 'flight cancelled' and disembarked. No alternative flight given. No luggage returned. No assistance with finding a hotel. Found a local hotel and stayed overnight with no change of clothes/toiletries etc. During night was rebooked by my (US) travel agent onto flight on 20thJan
19 Jan : returned to LHR to retrieve luggage. Told 'Cannot have your luggage'. Went home.
20 Jan : Boarded BA175 to LasVegas. Sat unmoving for 7 hours. Very uncomfortable, poor communication - no announcement for 2 hours (at one point told 'PA not working'). Very distressed passengers, very hot, 2 people near-fainting, some in tears. After 5 hours were told 'flight rescheduled to tomorrow' but could not disembark for another 2 hours. When we got off, still no luggage, no accommodation. Flight was rescheduled for 11:30.
21 Jan : Returned to LHR for 8AM to find the 11:30 had been shifted to 2:30. Then was delayed to 3:30. Boarded but didnt take off until around 5:30PM.
In total 4 days (friday pm to monday pm) from original departure to when I arrived at Vegas. In that period, 13.5 hours sitting on BA175 on the ground, 9hrs in the air, no luggage returned.
Trip was a business trip with commercial impact - I was due to present at a conference and was a no-show which affected both my employer and my career.
(I was the poor guy you may have heard interviewed and quoted on BBC Today Program, BBC News, 5Live and various other media channels during this time. As I said to BA in a letter, I was a 'very visible, very unhappy customer').
A colleague that was only impacted by the one cancellation on the 18th received offer of 200GBP evoucher from BA. I received the same offer, rejected it, received 350GBP evoucher offer, rejected it, got radio silence from BA. Now found this forum (great)!
So, there it all is. Can anyone suggest whether there is a case for financial compensation in that whole sorry story? I know BA can't control the weather, but it only really snowed with impact on the 18th, and the rest was catchup/knockon, mostly around waiting for the plane to be de-iced.
Thanks in advance, and if I should post this somewhere else, feel free to tell me that too!
Ian
(BA ExecClub Silver)
Feb 12, 2013, 9:07 am
#147
Join Date: Jul 2011
Posts: 633
That's an unfortunate story and you have my sympathy. I had a somewhat similar situation a few years back where I was in a connecting hub when a blizzard hit my destination and I spent 2 or 3 days in involuntary transit without luggage. I don't recall getting any compensation though (at most they may have given me partial payment for lodging, but I think actually we were just grateful we found lodging given all the people stranded at the time).
Feb 12, 2013, 9:51 am
#148
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
Original Poster
Join Date: Feb 2010
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Greetings ianaitch to FlyerTalk
You may have a bit of a case since I guess you could (a) stand up in court and explain how BA could have handled this better - some of the delay would be avoidable even if not all of it; (b) list out all the other USA flights by other airlines that got through ok. However personally I would not go through that hassle with an uncertain outcome, a £350 voucher seems reasonable to me, but maybe ask for it in Avios to mutual benefit?
Feb 12, 2013, 2:10 pm
#149
Join Date: Feb 2013
Posts: 4
Damage not caused by BA?
Hi all,
Hoping that someone can offer some advice:
My flight BA0214 on 15 Nov 2012 departed from Heathrow about four hours late, and arrived three hours 35 mins late. At the time, BA reported that there was a problem with the door, which needed to be fixed. After about an hour, they said that the problem was fixed, but that they then needed to get someone to sign-off the fix, which took another three hours.
I wrote to them asking for compensation, but they have just written back to say that the flight was "delayed due to aircraft damage which was not caused by British Airways", and therefore BA is not liable.
Just wondering if anyone has any advice on what to do next please?
Hoping that someone can offer some advice:
My flight BA0214 on 15 Nov 2012 departed from Heathrow about four hours late, and arrived three hours 35 mins late. At the time, BA reported that there was a problem with the door, which needed to be fixed. After about an hour, they said that the problem was fixed, but that they then needed to get someone to sign-off the fix, which took another three hours.
I wrote to them asking for compensation, but they have just written back to say that the flight was "delayed due to aircraft damage which was not caused by British Airways", and therefore BA is not liable.
Just wondering if anyone has any advice on what to do next please?
Feb 13, 2013, 12:17 am
#150
FlyerTalk Evangelist
Join Date: Feb 2009
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Please clarify. BA214 departs from BOS, not LHR.