lorcancoyle

Good work by BA / GGL - Friday evening flight cancelled, claimed same evening. Confirmation of valid claim this morning and confirmed payment by this evening after I provided bank details (still to hit account)

tillyholly

My BA flight from Dubai to London was cancelled and I was advised when I asked on check-in for the rearranged flight 7 hours later that it had been cancelled for 'operational reasons'. I made a claim and have had the following reply 'Your claim’s been refused because BA0106 on 20 June 2015 was cancelled because of shortage of serviceable aircraft and flight crew which prevented the aircraft operating as scheduled. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.'
Is this correct? If not how do I pursue this further.
thanks

corporate-wage-slave

Among the various reasons given for not paying compensation, this truly takes the biscuit!

The second sentence quoted from BA - well I'll let my less diplomatic colleagues here find a more direct form of English - but just say it's more than économique avec la vérité.

See the start of the thread for giving notice to BA of MCOL, then one day after press the MCOL button.

nufnuf77

Not acceptable as exceptional circumstance as this is fully within BA control and responsibility. I would reply challenging their reasoning specifying your request under EU 261 for £... by a given date.

BAMuc

lorcancoyle

And with that sort of response I'd also complain to CAA as the NEB - if they're flouting the regulation so blatantly somebody needs to be "re-educated"

tillyholly

thank you - didn't seem to me to be an excluded category but just checking. I have had a few delayed flights but never a cancellation. Spoiled the evenings happy hour!
Am I right in thinking the extra night accommodation is a separate claim?
thanks again

Dave Noble

If the CAA cared and would actually do something, I suspect that BA would not be doing it

Complaining to the CAA seems a waste of time

corporate-wage-slave

I would probably advise doing it separately if you want to see that element paid first, since that aspect should not be controversial (assuming it is at the DXB end). So I'd submit that to Customer Relations, but by all means point out that you are separately pursuing EC/261 compensation. If you're not too bothered at the speed of payment, then you should ensure it is in with the original claim, it doesn't greatly matter.

Dave Noble

if the claim for accommodation is in relation to the delay/cancellation , then no it isn't. The payments under "duty of care" are still part of the EC261 legislation

I don't think that trying to put 2 separate claims in under EC261 for the 1 incident would seem to be a good idea

lafayette74

Short version:

Flight LHR - JFK cancelled. Replacement landed more than 4 hours after original flight was scheduled to land.

BA claims they notified Tour Operator 14 days in advance but with no documentation to that effect. Tour Operator said - in writing to me - they were notified one day before cancellation.

BA denied claim. I began a suit in NYC small claims court. They phoned me today saying my suit was invalid because "The 7th Circuit" has ruled that EU claims can't be litigated in the US. Nonetheless, as a sign of good faith, they were offering $250 future travel voucher.

I thanked them profusely but declined.

My theory is that I'm suing for "Breach of Contract". The contract of carriage between me and BA says that BA will observe and honor all regulations of all jurisdictions they operate under. (Or words to that effect.) I'm claiming they haven't.

We'll see what happens in 2 weeks.

Question for now: I'm thinking I would agree to settle my 600 Euro claim for 100,000 points. I'm wondering if that is a foolish amount or, to the contrary, an outlandish amount.

corporate-wage-slave

Yes please keep us posted. If that is 100k instead of €600 (unless there are two of you and 100K is for both) then that's a tough call on your side. By all means suggest it, but I think you would need to be more modest on that one, or at least expect to compromise. If it was a plain EC/261 case - which this is not - there are mixed reports on whether BA will do this at all, and where they have, they haven't been generous.

MrPie

Heya guys,

Was wondering if I could get some pointers on EU261 compensation? I did start a thread (over at the EY forums) but summarised below
-------------------------------------------

My mother was flying EDI-HKG via AUH.

EDI-AUH was delayed by 1hr 40mins which caused a misconnect for AUH-HKG.
Edit: Reason for delay as my mum recalls the captain explaining was something to do with documents. In EY's email response to me they cited "operational reasons" That would be a carrier controllable factor wouldn't it?

EY rerouted her via KUL to HKG. Final arrival time was +10hrs from original arrival time.

Since this was under the same PNR/booking reference would EU261 apply in this instance?

EY has replied to my email I wrote to them and they argued that segment 2 wouldn't be covered by EU261 therefore no compensation would be applicable for either leg. - they offered 15k miles which is total peanuts and can't be used for an upgrade or redemption so I won't be accepting it.

-----------------------------------------------------------

As i interpret EU261 that not only covers EU carriers but also ex-EU flights no?
And that final delay time is calculated by final arrival time to destination?

Dave Noble

As long as it is a single ticketed itinerary, then EC261 delay is calculated from EDI to destination/stopover point , so if 10 hours late into HKG, then should be due compensation

MrPie

thats what I thought thanks.

Time to write a strongly worded email to EY....