Land-of-Miles

I disagree, pure weather factors will be difficult to press but something like this is really arguable.

Dave Noble

I wouldn't want to be trying to argue that the complete chain of events leads to BA being liable for compensation for a different flight being cancelled, but if happy to take the gamble of paying the costs of claiming it should it lose, then go for it

I cannot see BA paying up for this unless it loses at court

NickB

There is a discussion between Dave Noble and myself in posts #571 to #581 above that go over these issues.

Sign47

Can someone give me their opinion on whether the BA flight I was on departing Joburg on 22nd December which collided with a building as it was attempting to take off would be covered under EU261?

Details of the incident in this long thread
http://www.flyertalk.com/forum/briti...uilding-3.html

The reason i'm asking is because i've been approached by BA for my account and awarded Avios but they didn't mention anything else. I have looked online and believe that I should be entitled to the 600 Euros which is the standard compensation for a passenger who has their flight cancelled and is forced to stay in a hotel overnight and then rebooked on a flight 23 hours after the original departure time.

I don't want to waste my time writing a letter (or the people at the other end) if I'm not entitled to the standard compensation.

Any advice for board members?

Dave Noble

It will depend on what the final report onto the cause says , I would think. Based on reports that it seems to have been a pilot's mistake, then I would expect that there would be compensation due and so would put in a claim

scotti81

Hi all,

I had the following response from BA that resulted from a 5 hour delay earlier this month. They refused the claim, but I'm not sure that it should end here, based on the first posts in this thread. Any thoughts would be appreciated.

BA Quote:

Your claim for compensation has been refused because flight BAXXX on XX December 2013 was delayed due to unexpected flight safety shortcomings, which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation.

During our final safety checks of the previous flight, we noticed a fuel leak under the wing prior to departure, which led to aircraft change. As the aircraft had been maintained in accordance with the manufacturers guidelines, this constitutes as extraordinary circumstances and could not have been avoided.

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

Thanks,

scotti81

Dave Noble

This would read to me that compensation is due

Write back stating that you do not accept that this is an extraordinary situation out side of the airline's control and that you require payment within 7 days and that you will take action should payment not be received

corporate-wage-slave

I agree with Dave Noble. It's a recent development that they take this approach to technical issues, and it would be interesting to hear what happens if you challenge it.

Have a look at post number 1301. There are substantial differences (and the case much more clear cut in my view) but it does show that they do over-ride themselves, in that case on the third time of asking.

greg5

I would be tempted to request the a/c maintenance records. I've had a lot of technical issues on my recent BA flights:

- Fuel leak
- APU non functional, required air starter arrived late
- Wrong size stairs arriving, then baggage two hours to arrive (from an E170)

The first two were resolved < 2hours, so no delays wrt EU 261. The last one led to a huge delay, but was weather related, as it was during last year's snurricane, and the flight was diverted to STN. So no chance for compensation there either.

But, it does seem to me that there are an awful lot of technical issues with BA of late. But, perhaps I've just been unlucky.

ballogie

Travelling home from Rome to ABZ last May.

BA dumped us onto LH as the FCO-LHR was running very late.

LH were late in getting to FRA so we missed the last connection of the day.

LH put us up and fed us. Ariived back in ABZ 13hrs late.

LH flatly refused compensation.

We used Refund Me, who for 15% of the payout, have secured a £260 payment for us both.

Took from May till now, but worth the effort.

Not strictly a BA problem, but may be of use to someone.

flashware

Indeed, as LH took on carriage it was their issue so you were correct to chase them up. Well done, a lot of people have had very little luck with LH so it's nice to see some success there ^

Dave Noble

I wouldn't. I would simply state that maintenance issues are not an extraordinary circumstance. It is up to BA to prove that it is an extraordinary circumstance, not for the passenger to prove it isn't

bvaler

I was on the same fuel leak- 5 hours delay (although seemed like 7 to me) flight and got the same reply (LHR to IAD). BA denied compensation also so I asked for 50k Avios and they granted 40k. Was not too happy with the outcome but happy enough to quit pressing since I needed the Avios to buy some flights as gifts.

scotti81

Thanks for your thoughts (and you, C-W-S). From what I have read in the thread, it seemed to me that they were trying to get out of these claims using this new language.

I'll take your advice and reply accordingly. I'll update with more info when I can.

Prospero

Please continue to post your Regulation 261/2004 related questions and share your advice, here...

http://www.flyertalk.com/forum/briti...l#post22060880