Centipede100

As I posted on the other thread on which you raised the same question, delay compensation only kicks in if you are delayed by 3 hours or more in arriving at your final destination. See the operative paragraphs in bold at the end of the Sturgeon judgment linked below if you still don't believe me:

http://eur-lex.europa.eu/LexUriServ/...7J0402:EN:HTML

I suggest you too may want to refresh your memory on the above judgment, Dave!

angatol

Is a sick pilot at an outpost not an extraordinary circumstance beyond the airline's control?

stifle

No, and neither is Dave Noble:
The Sturgeon judgment is completely unambiguous that a passenger must experience a loss of time equivalent to three hours at their final destination to be eligible for delay compensation.

BigRedBears is entitled to refreshments appropriate to the duration of the delay, and two reasonable-length telephone calls, telexes, fax messages, or emails, or to be reimbursed for the reasonable and receipted cost of same.

Probably, but BA does not need to rely on this defence as the delay was insufficient in duration.

BigRedBears

Thanks stifle.

sts603

I am at that point as well. Any tips on how to best/easiest initiate?

corporate-wage-slave

If you have an address in the UK, see post one, point 36. Scotland has a similar but different postal process as well.

If not, in some places you are able to use local court processes to pursue consumer protection issues, I have heard of people using EU legislation in US court proceedings, however I have no experience of this area.

bvaler

Not sure this falls under EU compensation but I would like some advice about my situation. On a BA buisness class ticket from GLA-LCY-JFK-BOS. Land in JFK at the end of a storm, they had canceled all flights that night. No flights to BOS till Tuesday (all this was around Jan 6th). BA agent on phone told me it would be fine to stay in hotel and get to Boston next day by train, that I could initiate a claim later and they made sure my ticket would still be valid. Since my leg between JFK and BOS was covered by AA, BA passed me off to them for the expenses and AA denied saying it was out of their control. What should I do next? Go back to BA? Reply to AA and cite EU regulations since it was a BA ticket? I didn't think this would be a problem given my level of ticket and the clear fault of AA to have flights available, nor staff to give out hotel vouchers. All I was asking for was compensation for expenses, with receipts.

Centipede100

That depends in what circumstances or when the pilot became ill and it appears that in this particular case the delay was less than the 3 hour cut off for a potential claim to kick in.

However, the list of ECs to which you refer has no basis or force in law, having been drawn up more as a wish list by several NEBs across Europe. Some of the so called ECs contained in that list contradict existing case law so I wouldn't put any store by this at all. Indeed certain District Judges in small claims cases involving 261/2004 have dismissed it out of hand as having no standing in law.

stifle

That's a tricky one. On balance I don't think you are covered here under EC261/2004 as the affected flight was outwith the European Union. The fact that it was a BA ticket doesn't matter, in the same way that someone travelling LHR-JFK on an AA ticket can still claim. One for your travel insurers I'd say.

ExpatSomchai

Hi All

First time in this situation and would appreciate some feedback. I was in Club on the BA677 last night from IST to LHR. We all boarded and were then told the plane was tech due to an engine fault which was identified on landing !! Sat on the 767 for over 3 hours with very little in terms of food and drink. Why the hell did they board us in the first place knowing the aircraft was tech !!!

Anyway departure was over 3 hours late. Scheduled at 16:40 but left, according to Flightaware at 20:06. http://uk.flightaware.com/live/flight/BAW677

Reading through I guess I am entitled but would like the "Guru's" to confirm prior to sending an online claim to BA.

Many thanks

stifle

That's a tricky one. On balance I don't think you are covered here under EC261/2004 as the affected flight was outwith the European Union. The fact that it was a BA ticket doesn't matter, in the same way that someone travelling LHR-JFK on an AA ticket can still claim. One for your travel insurers I'd say.

shefgab

I was on the same flight last night, also in Club. BA.com says the flight landed at 2209, so 194 minutes late (and just inside the magic 3 hours). I understood that as the flight was on an EU carrier into the EU it would be covered. Let me know how you get on!

ExpatSomchai

Will do. Just sent the claim in and also asked why they trapped us on board knowing there was an issue. I was in 3J btw hello

Tafflyer

This is certainly tricky. What I can say is that I know somebody on an AA-operated BA flight number LHR-JFK-MCO on January 7th who was met at JFK by AA staff and given new BP for the next day and hotel reservation and voucher.

Since you called BA and they told you to claim, I would suggest you take it up with them stating that AA refused. Presumably also, since they protected your JFK-BOS flight, that coupon must still be available to use in the future, no?

dwallfort

i was dealyed on a flight from Rio for 20 hours towards the end of last year due to a sick captain.

BA are claiming extrordianry circumstances, I wondered what people's thoughts are and whether you felt there would be a dstrong chance of success if this went to court.

I would argue that staff ilnness is something that every company experiences and should have adequate contingency plans in place. My understanding regarding the reasonableness point is that this only becomes relevant if it is found that staff illness, is in itself, an extraordinary cicrumstance.

As a side note, BA have already paid compensation to another passenger on the flight but have claimed this was a mistake.

Really appreciate any thoughts.