The BA Compensation Thread: Your guide to Regulation 261/2004
#151
Join Date: May 2012
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I can predict that you will get an initial refusal based on the unforeseen circumstances excuse. BA will tell you the engine was maintained according to regulations and guidelines and the fault could not be foreseen. You will then have to decide whether to pursue the claim or not. BA will be hoping you do not.
#152
Join Date: May 2012
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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.
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.
#153
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This sounds bog standard technical to me, unless there really was something genuninely extraordinary involved (e.g. massive bird strike on landing). But I'd imagine indeed you'd be refused at the first instance and then have to pursue it with some effort if you want to get anywhere with it.
#154
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Welcome to Flyertalk dwalfort
I suspect the individual details matter a lot. If the captain fell ill in the hour or two before departure from Rio that would be one extreme, the other would be a captain falling sick 3 days before departure from LHR. You'd then be down to how the court would intepret that. If the captain was ill just before departure, BA will say "well the rules say 2 fit pilots in this situation, we didn't have a spare pilot in Rio and we could hardly ask the CSD to give it a go". Then the court would have to decide if BA could have avoided that by reasonable counter measures. Sounds tricky to me, but as I say the details will matter.
#155
Join Date: Jan 2007
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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.
I'm confused by this. Isn't 3 hours 180 minutes ergo 194 minutes is outside the 3 hour mark?
#156
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The right to care (meals/accommodation/communication) under EC261/2004 is unaffected by the cause of the cancellation.
#159
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EC261/2004 goes into some detail as to right to care, when it is due and what is included, which wasn't standard until the Regulation came into force, and still isn't standard in all circumstances (e.g. Middle East airlines....)
#160
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The right to care is encapsulated in article 9 of EC261/2004 so I am completely at a loss as to how you have concluded it is out of scope of a thread discussing that regulation.
#161
Join Date: Aug 2013
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Following the emails from BA I received the promised bank transfer of 207 for my 7 hour delay on 24th May 2013. I would be interested to know if anyone else delayed on 24/5 has received any compo. It's a shame that the question I posed was merged to this thread as people are less likely to see it buries in here than they are with a thread of its own!
#162
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Following the emails from BA I received the promised bank transfer of 207 for my 7 hour delay on 24th May 2013. I would be interested to know if anyone else delayed on 24/5 has received any compo. It's a shame that the question I posed was merged to this thread as people are less likely to see it buries in here than they are with a thread of its own!
#163
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My claim denied with the standard blurb
#164
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#165
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Anybody tried claiming for invol. Downgrade from CE to ET following aircraft substitution at Gatwick a few years ago ?
I was downgraded twice, once on to Titan and once to Monarch, receiving minimal fare difference. ....
Help appreciated.
I was downgraded twice, once on to Titan and once to Monarch, receiving minimal fare difference. ....
Help appreciated.