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-   -   The 2015 BA compensation thread: Your guide to Regulation 261/2004 (https://www.flyertalk.com/forum/british-airways-executive-club/1644635-2015-ba-compensation-thread-your-guide-regulation-261-2004-a.html)

paul4040 Jan 17, 2015 5:04 am


Originally Posted by LondonElite (Post 24183267)
What is our collective wisdom on BA's reply to this claim, submitted yesterday:

BA983 TXL-LHR (arr 1500) on 14 Jan was cancelled and I was rebooked on BA985 (arr 1720), same day. I was informed of this at 2130 on 13 Jan. BA985 didn't work for me as I had a call at 1700 so I opted for BA987 later that evening.

I submitted a claim for €250 yesterday (on the basis of a cancellation with a rebooking on BA985 getting me to LHR more than two hours late). I've just been informed that the claim has been refused because the cancellation was for weather reasons.

Here is my question: How valid is a 'weather' claim at 2130 (actually 2030 UK) for the following day (since the inbound aircraft BA982 would have left LHR after 1000 the next morning). Is this overly cautious posturing to specifically deny the claim?

If you look at my post a little earlier in this thread and Dave Noble's response which indicates that a claim may have some merit; it's basically exactly the same scenario.

Incidentally I was informed at exactly 2130 on the same day, just like you (still have the text and email to prove it!).

I submitted my claim to BA today and will not accept a rebuttal due to weather reasons. I will update this thread when I receive a response, but as a lowly Silver I assume your case will be concluded before mine is!

LondonElite Jan 17, 2015 5:32 am

Thanks Paul - I didn't read your earlier post that closely, but it's a carbon copy of mine. I will continue with my claim, with backup evidence of other flights operating and see where I get.

paul4040 Jan 17, 2015 6:04 am


Originally Posted by LondonElite (Post 24183346)
Thanks Paul - I didn't read your earlier post that closely, but it's a carbon copy of mine. I will continue with my claim, with backup evidence of other flights operating and see where I get.

Have a look at: http://www.thebasource.com/140115-br...cancellations/

I noted the S/H flight numbers which were cancelled and checked the times of these. Funny, they were all scattered throughout the day. BA cannot claim the weather was too poor at Heathrow because they were operating the overwhelming majority of flights from here on that day.

BA can also not claim that the weather was too poor at Belfast City based on my previous observations. I bet nearly everything at TXL was fine too.

Call me a cynic but I am not convinced weather was a major factor here.

LondonElite Jan 17, 2015 7:09 am


Originally Posted by paul4040 (Post 24183434)
Have a look at: http://www.thebasource.com/140115-br...cancellations/

I noted the S/H flight numbers which were cancelled and checked the times of these. Funny, they were all scattered throughout the day. BA cannot claim the weather was too poor at Heathrow because they were operating the overwhelming majority of flights from here on that day.

BA can also not claim that the weather was too poor at Belfast City based on my previous observations. I bet nearly everything at TXL was fine too.

Call me a cynic but I am not convinced weather was a major factor here.

Ha! That was the first place I went! In my case, I noted that all LHR-HAM, LHR-HAJ, LHR-WAW, etc flights operated, which follow pretty much the same routing. The weather excuse is bs. I'm just going to find out the weather forecast for the route on the 14th and then write back to BA.

janetandroy4748 Jan 17, 2015 9:28 am

BA delay claims complaint
 
Since posting on here, regarding BA requesting my bank details to pay our claim out and then not paying it, I intended to telephone them, even though I have had experience of losing the will to live with their call centre. instead I took to twitter. I posted my issue on their twitter feed, and had a response 3 hours later. during that 3 hours, the claim at issue was paid! co-incidence?? so I tweeted again about a further claim I had lodged, about which I had heard nothing, not even an acknowledgement of its receipt. a few hours later I was tweeted to say, direct message us with the details and we are following you to allow you to do this. so I did. a few hours later, I received a direct message to ask which of our two telephone numbers they should use to call. they called, as requested the same afternoon. the young lady looked into the case, gave us the reference number and said it had been accepted, and would be paid early next week. this morning I had an alert from my bank - it had been paid yesterday!!! so that's 1000 euros each person on the booking we are now better off. So - folks, don't even bother with their internal e-mail messaging system. Take to twitter.

Frequentflyer99 Jan 18, 2015 5:19 am

First, many thanks for all the effort that has gone into this thread !

Secondly, I took a flight back in 2008 on a full fare F ticket that was aborted half way across the Atlantic when the plane went tech. I initially and promptly submitted an EU claim to BA, which was rejected on the usual "extraordinary circs" basis, and then resubmitted the claim a couple of years ago when the law seemed to be moving further in favour of the pax. It was again rejected on the same basis.

It seems to me that I now have a cast iron claim (is that right ?), but I wonder what the chances are of BA paying if I re-submit the claim for a third time, now that I am outside the time for making a claim. Has anyone else had this sort of experience ?

As a PS, is this something which the GGL team would assist me with ?

UKtravelbear Jan 18, 2015 6:15 am


Originally Posted by Frequentflyer99 (Post 24187957)
First, many thanks for all the effort that has gone into this thread !

Secondly, I took a flight back in 2008 on a full fare F ticket that was aborted half way across the Atlantic when the plane went tech. I initially and promptly submitted an EU claim to BA, which was rejected on the usual "extraordinary circs" basis, and then resubmitted the claim a couple of years ago when the law seemed to be moving further in favour of the pax. It was again rejected on the same basis.

It seems to me that I now have a cast iron claim (is that right ?), but I wonder what the chances are of BA paying if I re-submit the claim for a third time, now that I am outside the time for making a claim. Has anyone else had this sort of experience ?

As a PS, is this something which the GGL team would assist me with ?

Sorry but I don't think you have a 'cast iron claim'. See the list of extraordinary circumstances published by the CAA

#21 states


Any technical issues which cause the pilot to carry out an aircraft turnaround or diversion.

NickB Jan 18, 2015 6:31 am


Originally Posted by UKtravelbear (Post 24188091)
Sorry but I don't think you have a 'cast iron claim'. See the list of extraordinary circumstances published by the CAA

#21 states

The proper place where that list should be is in the bin. It is not a document with any legal significance and it plainly contrary to judicial decisions, in particular the decision of the Court of Appeal in the Huzar case.

In relation to the question, I would not say "cast iron" but I would say very strong case. It is up to them to explain in what way the technical incident was so special and out of the ordinary to warrant the label of "extraordinary circumstance". It is a tough one for them to show so most cases should give rise to compensation.

paul4040 Jan 19, 2015 2:02 am


Originally Posted by LondonElite (Post 24183617)
Ha! That was the first place I went! In my case, I noted that all LHR-HAM, LHR-HAJ, LHR-WAW, etc flights operated, which follow pretty much the same routing. The weather excuse is bs. I'm just going to find out the weather forecast for the route on the 14th and then write back to BA.

Surprise surprise, my claim was also rejected. Where do you find a historic weather forecast from?

LondonElite Jan 19, 2015 3:04 am


Originally Posted by paul4040 (Post 24192728)
Surprise surprise, my claim was also rejected. Where do you find a historic weather forecast from?

You could start here for historic wind forecasts...

http://www.weatheronline.co.uk/weath...G=en&CONT=ukuk

Stewie Mac Jan 19, 2015 4:45 am

claiming for multiple passengers / duty of care Q
 
Morning

We were on the BA56 on Friday which was cancelled due to unspecified electrical problem - we ended up flying home on Saturday night, arriving 25 hours after scheduled.

This was a very straightforward LHR-JNB-LHR ticket, on 125 stock, so I'm not expecting any great debate about the compo (beyond possibly some back and forth around 'exceptional circumstances'), but I have a couple of questions:

- the BA website mentions that I can 'include the names of other passengers being claimed for', and that 'Claims can cover up to a total of six passengers provided that they have the same surname'. Does this mean that I can ONLY claim for a second passenger if we share a surname? We were on same itin/PNR, etc, but different surnames.

- we got rooms at the City Lodge (which was fine - we didn't hang around waiting for vouchers so were checked in, showered and asleep before most people had even made it to the lobby), but then headed into town for the day rather than waiting around the airport. BA were apparently handing out vouchers at the airport for lunch and maybe dinner; would they entertain a claim for lunch/drinks in town in lieu? It's only about 40 quid, so not that worried either way, but wondering on principle. Or should I claim on Amex travel inconvenience?

thanks
Stewie

NickB Jan 19, 2015 5:17 am


Originally Posted by Stewie Mac (Post 24193128)
Morning

We were on the BA56 on Friday which was cancelled due to unspecified electrical problem - we ended up flying home on Saturday night, arriving 25 hours after scheduled.

This was a very straightforward LHR-JNB-LHR ticket, on 125 stock, so I'm not expecting any great debate about the compo (beyond possibly some back and forth around 'exceptional circumstances'), but I have a couple of questions:

- the BA website mentions that I can 'include the names of other passengers being claimed for', and that 'Claims can cover up to a total of six passengers provided that they have the same surname'. Does this mean that I can ONLY claim for a second passenger if we share a surname? We were on same itin/PNR, etc, but different surnames.

- we got rooms at the City Lodge (which was fine - we didn't hang around waiting for vouchers so were checked in, showered and asleep before most people had even made it to the lobby), but then headed into town for the day rather than waiting around the airport. BA were apparently handing out vouchers at the airport for lunch and maybe dinner; would they entertain a claim for lunch/drinks in town in lieu? It's only about 40 quid, so not that worried either way, but wondering on principle. Or should I claim on Amex travel inconvenience?

thanks
Stewie

On the first point, I have no direct experience but my inclination would be to claim for both if on the same PNR. If they object, then send the claims separately.

On the second point, I suspect that BA would probably pay even though they would have no obligation to here since they fulfilled their obligations by making vouchers available. Personally I would not claim in that situation but that is just me.

Stewie Mac Jan 19, 2015 6:00 am


Originally Posted by NickB (Post 24193198)
On the first point, I have no direct experience but my inclination would be to claim for both if on the same PNR. If they object, then send the claims separately.

On the second point, I suspect that BA would probably pay even though they would have no obligation to here since they fulfilled their obligations by making vouchers available. Personally I would not claim in that situation but that is just me.

NickB (and indeed the other experts who frequently contribute to this thread) -

Many thanks. I will do as you say on point 1, and actually I think that I agree with you on point 2.

corporate-wage-slave Jan 19, 2015 6:23 am

The 2015 BA compensation thread: Your guide to Regulation 261/2004
 
My understanding is that all claims should be be sent separately, however in the case of a couple sharing the same surname then BA waive that requirement. It's a privacy thing.

I also know of cases where people didn't get vouchers successfully claiming for meals. You may want to word that aspect carefully however.

Swampz64 Jan 19, 2015 7:06 am

Doesn't some flights operating and other cancelled "due to weather" suggest ATC restrictions and a % of flights being removed from the schedule.

Also a diversion suggests an unexpected technical issue of some danger or the plane would not have been diverted. Clearly the FTer would have prefered the captain to plough on and take a chance??


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