seawolf

That is not a valid reason to deny EU261/2004. What was the original reason?

I would write a strongly worded letter to LH that you are prepare to protect your interests under EU261/2004 thru the judicial system if they don't provide a legitmate reason why a EU261/2004 claim should be denied.

Dave Noble

I would suggest writing to LH and inform them that you require that they provide the statutory compensation within 7 days and that should payment not be forthcoming that you will initiated proceedings in court

They can then choose not to reconsider it if they choose and, if that is the path that they take, you just raise a claim against LH in the UK

After sending the letter, just wait 2 weeks and if no cheque arrives, take it to court

MBX

I received the following response from BA after making a claim under EU261... Has anyone successfully made a claim as a result of the 24 May incident? What should my next step be? (We're out of pocket for hotel and care rental, despite travel insurance).



Dear Mr MBX

Thank you for contacting us about your claim for compensation. I apologise for the delay in our response.

Your claim for compensation has been refused because BA0XXX on 24 May 2013 was cancelled due to airspace restrictions being in place that were outside British Airways' control. Under EU legislation, British Airways is not liable for a compensation payment in this situation.

Unfortunately airline operations are subject to circumstances outside the airline's control. British Airways takes all reasonable measures to avoid cancelling a flight in such circumstances. Consideration is given to whether there are any operational options available before a decision to cancel is made. We are sorry that cancellation was necessary in this case.

Thank you for following this up with us and I hope you will fly with us again soon.

Best regards

XXXX XXXX
EU Compensation Claims
Your case reference is:XXXXXXX

Dave Noble

The reply that BA has given seems pretty reasonable and to be expected

Compensation for events outside of the control of the airline, I would expect BA to deny

As far as reimbursement for reasonable expenses, that is required to be provided

Write back , not asking for compensation under EU261, but for reimbursement of expenses incurred due to the delay

dmason84

Just thought I'd let you all know I got a response to my claim today (only 3 days after submitting it!)

BA have agreed I am entitled to compensation under EU legislation and will be sending me a cheque for £215.25

Thanks for the advice everyone!

s1b000

First, I would like to thank the community here for all of the great information which has helped me successfully claim compensation under EC261. This information was essential, as BA originally offered me a measly $75 credit. I'll provide a brief recap of the situation here, as well as a couple of questions. On July 13th, I was traveling from Delhi to LAX via LHR (flights 256/269). Flight 256 was a bit late, but nothing really important, although it was the day following the fire at LHR. The flight from LHR to LAX was the real problem. To make a very long story short, we were delayed approximately 22 hours due to a mechanical problem which was within BA's control of course. What was a bit unusual was that we were rushed from the aircraft and told to leave our belongings behind in an 'emergency' evacuation. It turns out that when we left, there were firetrucks surrounding the plane, and the fuel was gushing from the plane. At this point it was after 10 PM, although I am not certain of the exact time and approx. 6 hours past our scheduled departure time. The ground service was horrible, we were not given hotel vouchers, and were offered the opportunity to sleep on the floor in the conference center at the Soffitel. At this point, I had been up for almost 24 hours and was exhausted. I attempted to find a hotel in the area without success and ended up on the floor. In addition, my carry on baggage with extra clothing, medication, and other essentials was still on the plane. Although I requested my bag, I did not receive it until just prior to our new departure time of 2 PM the next day. The only fortunate thing here was that I have OneWorld Sapphire status so I was able to utilize the Galleries lounge for food, a shower, and a comfortable place to wait while they were open.

So here is where I need advice. In addition to the 600 Euro delayed flight compensation, I requested that BA compensate me for the value of the hotel room that I did not get, and the cost of a change of clothing and phone charges that I purchased at LHR as I did not have my luggage. While they agreed to the delayed flight compensation, they have declined both of the additional requests. They have stated that since I didn't actually pay for a hotel room that they did not feel they owed reimbursement, and they claim that some other passengers got their bags and they had no duty to pay for clothing and essentials. Any thoughts on whether I should continue to pursue this, and if so, how to proceed will be appreciated.

xavk

Hi Guys,

I'd appreciate your thoughts on my situation. I was scheduled to fly from Kiev to London on Sunday 14th July. The flight was cancelled and I was rerouted via Berlin but arrived over 3 hours after the original planned arrival time.

The airport staff only cited "operational issues" with no further details provided and I havent claimed formally from BA yet but I strongly suspect they will blame the Heathrow closure on 12th (the Ethiopia airlines fire). That incident was 36-48 hours earlier so I'm wondering how long is reasonable under the legislation to continue claiming against it. Any ideas?

Thanks,

Xav

EDIflyer

I think if you didn't ultimately pay for a hotel then they can't really reimburse you for it - you could perhaps push for some Avios, but if you didn't incur any monetary cost then probably not much more. However given they didn't get your bags back to you I would have thought they should cover those incidentals. You should also received reimbursement/vouchers for a meal.

corporate-wage-slave

Welcome to Flyertalk s1b000, and welcome to the BA forum. What a terrible journey you had. I hope that you never have to repeat that experience, and indeed that you continue to participate in this forum. It's good to see you here.

I think you certainly have a solid case for the lack of hotel provision. BA simply failed in their duty of care. The replacement essentials: well I'm a bit surprised, BA normally pays that, but if not I'd refer it to my travel insurers, who would then beat up BA on my behalf. If you don't have travel insurance (which I personally think it is essential) then....

My suggestion is that you decided what is suitable recompense for the lack of a hotel, and my own view is that it is somewhere in the £50 to £150 area. Then the direct cost of the replacement items, perhaps taking a view of any items that could be used in the future, and say charging them at 50%. That would then give you a fairly precise figure you should be looking for. Then with that in mind, ring up customer services (do not use a webform) and discuss it with an agent. Hopefully you will come up with a compromise that works.

If it doesn't then write in with a clear demand for exactly what you are looking for. Don't threaten legal action, but make it clear you won't let the matter rest. If that fails, then find a UK address and consider a Small Claims action. For the hotel issue I'd have thought BA would be too embarrassed to let that one see the light of day. Even Ryanair could do better than that.

corporate-wage-slave

I wouldn't assume anything at this stage. Write in and specifically ask for EU261 compenation, if you believe that is appropriate. If they decline then it's a tough one, since you'll have trouble shifting BA off the "extraordinary circumstances" issue without going to court.

[Personal view: if the replacement journey was satisfactory, and the delay not too difficult, is it worth the aggravation?]

Dave Noble

For the hotel, BA is correct. BA does not have to reimburse for the cost of a hotel room since you did not pay for one. If you had been able to book a hotel, then that would be different. That you were unable to book one yourself may be that the hotels were full and this was the best BA could provide

For other essentials, the right to care states that the airline is required to offer

Meal and refreshments
Hotel Accommodation where a stay of 1 or more nights becomes necessary , together with transportation to and from the accommodation
2 telephone calls , telex or fax messages or e-mails

There is nothing in the obligations, that I can see, to reimburse for clothing and/or essentials and I would see whether your travel insurance will cover this. If BA has said no, I cannot see where in the regulation you can argue that it is required to pay it

( If BA failed to provide meals or meal vouchers and you had to purchase your own meals and/or you incurred costs due to making 2 phone calls, then those should indeed be reimbused )

EDIflyer

Although in this situation where even handluggage essentials weren't returned until the following day (AIUI) then perhaps there might be a bit of leeway?

Dave Noble

It isn't listed as something which the airline is required to provide. The regulation does't have any leeway elements to it

If BA has chosen not to voluntarily pay it, I don't see any grounds to pursue BA for it and something to check coverage with travel insurance I would suggest

EDIflyer

Yes, I agree under EU261 there's no grounds - I was more thinking from a CS perspective it might be worth pursuing (sorry I didn't really make that clear!). I can see them being more willing to offer something on that front (esp as Avios) compared to reimbursing for a hotel stay that didn't take place.

Dave Noble

BA has already declined to pay it though. I would be very surprised if , after already having said no, that they would just choose to pay it voluntarily

If BA was prepared to offer "leeway", I would have expected its original response to have included it tbh. After having tried to demand it under EU261 and being denied, seems a bit late to then go cap in hand asking for an ex-gratia payment

This looks , to me, like a situation where the EUR600 gained from the delay will need to be partially used