BA flight delays 20th june 2014 LHR to Boston

Old Jul 10, 14, 5:47 pm
  #1  
Original Poster
 
Join Date: Jul 2014
Posts: 51
BA flight delays 20th june 2014 LHR to Boston

First time travelled with BA flight BA213, not sure if its a one off, but had a miserable flight from LHR, we all got on the plane to find out there was a problem with a vent, not sure what but sat there for 1/30 hours, then told we had to back into terminal, for a replacement aeroplane and crew.

Approx 8hrs later we all got on our new plane and set off. Off course I am not happy, me and my husband had paid extra money for an early flight so we could spend a day in Boston before going on a cruise. We never got to see Boston as we got there at midnight.

I have enquired about delay compensation and was told we wouldn't get compo as it was "exceptional circumstances" it was the valve not working that would not open the vent on landing.

I know better safe than sorry, but I am disheartened, I have quoted EU261 think that's what it is, and was told our case would be put on hold until BA see if the new EU legistlation comes into place, I pointed out that this could take years, so really I am no further forward, the guy from customer relations agreed, but said as the EU legislation stands now, it is a definite NO to compensation.

Anyone know if this is right, or am I being "fobbed" off.
mason1999 is offline  
Old Jul 10, 14, 5:50 pm
  #2  
 
Join Date: Mar 2011
Location: Herts, UK
Programs: BAEC Gold, HH Diamond.
Posts: 2,855
BA flight delays 20th june 2014 LHR to Boston

I think you are being fobbed off , I have received EU261 comp in this situation. Search got the thread on EU261(I'm on my phone so can't post the link)
Basically you need to write in, it took a few weeks but the cheque came through
stewaran is offline  
Old Jul 10, 14, 5:55 pm
  #3  
Original Poster
 
Join Date: Jul 2014
Posts: 51
Thank you, I have been on Martin Lewis website and downloaded a template letter, will this be enough.
mason1999 is offline  
Old Jul 10, 14, 6:01 pm
  #4  
Ambassador, British Airways Executive Club
 
Join Date: Feb 2008
Location: UK
Programs: BA Gold, Mucci
Posts: 8,505
Welcome to FT and the BA Board mason1999

Sounds like a fob off to me but I'm no expert on the EU 261 issues.

This is a must to read first before you make a claim.

http://www.flyertalk.com/forum/briti...2004-a-33.html

Q5: Are there circumstances where the airline can refuse compensation?

A5: Yes: these are referred to in the Regulation as “extraordinary circumstances”. There is no definitive list of extraordinary circumstances. Broadly speaking, extraordinary circumstances are events that are outside the airline’s control and the concept also implies a departure from what can be expected in the normal course of operation.

As a rough rule of thumb, events such as weather delays, ATC delays, cancellations due to strikes or to political instability (war, terrorism threats, etc...),are usually regarded as constituting extraordinary circumstances. Even then, however, each case must be looked at on its merits to ascertain the “extraordinary” character of the event.

Q6: do delays and cancellations due to mechanical problems with the aircraft constitute “extraordinary circumstances”?

A6: the same principle applies for technical problems as for other extraordinary circumstances: ‘ordinary’ technical problems that occur in the normal course of business are not regarded as extraordinary circumstances.

On the other hand, a delay that would result, for instance, of damage to the aircraft due to sabotage or terrorism, or a request by Boeing or Airbus to review certain mechanisms on all aircrafts of a particular model following the discovery of a hidden defect would constitute an ‘extraordinary circumstance”.

In practice, therefore, most mechanical problems are unlikely to constitute extraordinary circumstances.
PETER01 is offline  
Old Jul 10, 14, 6:02 pm
  #5  
 
Join Date: Mar 2011
Location: Herts, UK
Programs: BAEC Gold, HH Diamond.
Posts: 2,855
BA flight delays 20th june 2014 LHR to Boston

Should be, I just drafted something quite quickly.
stewaran is offline  
Old Jul 11, 14, 2:22 am
  #6  
Original Poster
 
Join Date: Jul 2014
Posts: 51
Thank you for the link, will go through it today.

I will write a letter, and see what happens.

I have been told by BA customer relations, it is "extraordinary circumstances" because parts come with a "guarantee" and the do not expect the parts to not work within this time, so if it breaks down, stops working then it is out of there control, they cannot foresee this happening.

CR said it was not them making decisions this has come from Head Office, there will be NO compensation on this flight, although I have been offered an evoucher for 100, (wonder if that is per person or per booking) I refused it but am now thinking should I just take it and put it behind us..
mason1999 is offline  
Old Jul 11, 14, 2:36 am
  #7  
 
Join Date: Mar 2011
Location: Herts, UK
Programs: BAEC Gold, HH Diamond.
Posts: 2,855
In my experience there is no point phoning , it needs to be written and sent to the EU261 address.

my understanding is that at an outstation that excuse may be valid, but at LHR where they have 50 planes and massive repair facilities they have no excuse.
stewaran is offline  
Old Jul 11, 14, 2:51 am
  #8  
 
Join Date: Dec 2011
Location: UK
Programs: BA Gold, HHonours, SPG, AVIS
Posts: 377
BA flight delays 20th june 2014 LHR to Boston

BA are very inconsistent on this. I was given 20k Avios & €600 for a flight that turned back over Africa due to technical problems. Another FT member struggled to get any compensation, only when quoting my case reference did he get anything.

There also has been a number of recent court rulings against Jet2/Tompson who refused to pay up against EU261
escape2sun is offline  
Old Jul 11, 14, 3:10 am
  #9  
 
Join Date: Sep 2007
Location: BOS
Programs: BA - Blue > Bronze > Silver > Bronze > Blue
Posts: 6,514
If there was a technical issue with the plane you are entitled to 600 EUR compensation, I have received this (in addition to ex gratia Avios) for two delays in similar circumstances.
Cap'n Benj is offline  
Old Jul 11, 14, 3:46 am
  #10  
Original Poster
 
Join Date: Jul 2014
Posts: 51
Thanks again, will look up the EU621 address and post letter today...

Yes I was told LHR is the main airport for BA, but they had to bring a new plane in from Beijing, that was why it took so long for the delay, then they had to get a new crew, also when we boarded onto the new plane, it couldn't go at said time as they had to take some luggage off as a couple of passengers did not fly, and then getting into Boston, there was no stand free to let us get off so had to wait in a queue for a stand, so it wasn't all technical, but I suppose it did initially start the delayed flight...
mason1999 is offline  
Old Jul 11, 14, 4:15 am
  #11  
Original Poster
 
Join Date: Jul 2014
Posts: 51
Sorry if I sound a bit dim, but have been googling for BA EU261 postal address, does anyone know what it is...thanks in advance if you do..
mason1999 is offline  
Old Jul 11, 14, 5:04 am
  #12  
 
Join Date: Feb 2013
Location: UK
Programs: I go wherever the content takes me.
Posts: 5,695
This article is worth a read: http://www.thisismoney.co.uk/money/h...-loophole.html

I would be surprised to see BA not cough up in your case; they wouldn't be up for a court case like the one above...
paul4040 is offline  
Old Jul 11, 14, 6:26 am
  #13  
Original Poster
 
Join Date: Jul 2014
Posts: 51
Thanks Paul very interesting reading...think I will see it through, it does look like I might have a case, it just depends on how BA want to do it...
mason1999 is offline  
Old Jul 11, 14, 6:44 am
  #14  
 
Join Date: Sep 2013
Location: London
Programs: BA Gold; FB Silver; SPG; IHG Gold
Posts: 1,986
This sounds like a poor show from BA. I cannot see how the failure of a part within the guarantee period for the part in question somehow makes it "exceptional circumstances". The reason for the delay is a mechanical failure which is, ultimately, within the control of the airline. If a supplier of parts has let them down then BA can claim against them under whatever commercial arrangements exist. I don't see why the passengers should suffer.
South London Bon Viveur is offline  
Old Jul 11, 14, 6:57 am
  #15  
FlyerTalk Evangelist
 
Join Date: Aug 2002
Location: London
Programs: Mucci. Nothing else matters.
Posts: 36,048
Originally Posted by Southlondonbonviveur View Post
I cannot see how the failure of a part within the guarantee period for the part in question somehow makes it "exceptional circumstances". The reason for the delay is a mechanical failure which is, ultimately, within the control of the airline.
How can such a failure be described as "within the control of the airline"? What more could the airline do to prevent such an occurrence? Buy and fit a new part every day, so as to avoid the risk of a later failure during the guarantee period?

I can see the argument that such a failure doesn't amount to exceptional circumstances. But surely it's beyond the proper boundaries of the language to suggest that such a failure was something within the airline's control?
Globaliser is offline  

Thread Tools
Search this Thread