Originally Posted by calabaykid
(Post 26906643)
our flight Club Europe to Barcelona 17.10pm 1st July. At 7.30pm dh received text message that flight was cancelled. (no reason given).
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Compensation for multi-leg journey
Hi all,
Short question as I haven't found a similar situation anywhere else while browsing through the posts (or I haven't understood the EC regulation): I flew on a British Airways ticket from Hong Kong to Amsterdam with stopover at London LHR on June 29th. The first leg from Hong Kong to London LHR flew on time, no delay. The second leg from London LHR to Amsterdam incurred 7 hours delay on arrival in Amsterdam. BA says I am entitled to compensation of €250, only for the second leg of the journey as on the first leg I arrived on time. To my understanding of EC261, my arrival at the final destination 7 hours late makes me eligible for compensation for the whole journey, starting from Hong Kong, as the whole trip was booked on a single booking. Any thoughts? Thanks! |
Originally Posted by aqes23
(Post 26909919)
Hi all,
Short question as I haven't found a similar situation anywhere else while browsing through the posts (or I haven't understood the EC regulation): I flew on a British Airways ticket from Hong Kong to Amsterdam with stopover at London LHR on June 29th. The first leg from Hong Kong to London LHR flew on time, no delay. The second leg from London LHR to Amsterdam incurred 7 hours delay on arrival in Amsterdam. BA says I am entitled to compensation of €250, only for the second leg of the journey as on the first leg I arrived on time. To my understanding of EC261, my arrival at the final destination 7 hours late makes me eligible for compensation for the whole journey, starting from Hong Kong, as the whole trip was booked on a single booking. Any thoughts? Thanks! Compensation for missed connecting flights The compensation for long delays is also due to passengers of directly connecting flights reaching their final destination with a delay of at least three hours. The delay to be taken into account is the delay at arrival, including in case of flight connections. It does not matter whether the delay occurred at the departure airport, at the connecting airport(s) or at any stage of the journey, only the delay at the final destination of the journey is relevant for the right to compensation. Case C-11/11 (Folkerts): http://curia.europa.eu/juris/documen...201&doclang=en |
Originally Posted by lorcancoyle
(Post 26910014)
When you say stopover, was this an actual stopover (overnight stay in London) or just a connection. If latter I'd be of the same view as you (and the EC / case law is too it seems)
Compensation for missed connecting flights The compensation for long delays is also due to passengers of directly connecting flights reaching their final destination with a delay of at least three hours. The delay to be taken into account is the delay at arrival, including in case of flight connections. It does not matter whether the delay occurred at the departure airport, at the connecting airport(s) or at any stage of the journey, only the delay at the final destination of the journey is relevant for the right to compensation. Case C-11/11 (Folkerts): http://curia.europa.eu/juris/documen...201&doclang=en |
Originally Posted by aqes23
(Post 26910107)
Thanks for your reply. It was indeed just a connection, we had about 1h55 for our transit at London LHR, which ended up being a lot more :rolleyes:. I will try and see what BA makes of this.
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Missed connection flight
Hello there,
what a helpful thread this is. Thank you in advance for any help you may provide. So I was flying to Athens from Washington, DC, via London. We arrived in London on time, however we were stuck on the plane for an hour because the plane couldn't park. The pilot explained that another plane had technical issues and they couldn't move it and that is why we had to wait. To be honest I couldn't understand all the information the pilot gave but that's as much as I gathered. As a result I missed my connection flight. They wanted to rebook me to flights via Helsinki or Istanbul which I found ridiculous and instead they booked me for one tomorrow, and gave me a hotel. My question is, is this an extraordinary situation or not? How do I find out what type of problem the other aircraft had and if it was a BA fault? I would also like to point out that this is the second time this happens on the trip. On my way to Washington on the 23rd of June, I again missed my flights, like many others, due to air strikes and bad weather. Only then they couldn't even given me vouchers for the hotel and asked me to pay for it myself and I would get a compensation, which I would like to point out i STILL haven't gotten a reply on. I know that the bad weather and the strikes were extra ordinary situations, but is the situation of today one too? Thank you very much for any help. |
Originally Posted by lorcancoyle
(Post 26901720)
I presume their lawyers will show up. But given they didn't produce any evidence to support assertion of "reasonable actions" I'm surprised they're bothering without the witness - no details of when pax failed to show, when they commenced offloading bag (with hindsight rather pleased I snapped some pics of them starting to remove containers from comfort of 2F), what their SLAs are with ground handlers etc. Although their witness only had "familiarity with Iberia's systems" so was unlikely to be able to answer those questions in person either.
At this stage they just seem to be ploughing on for the sake of it. Given paucity of posts on things getting all the way to a hearing I'm wondering if that's because (a) it's pretty rare, (b) not everyone is as sad / excited as me when it comes to hearings and evidence, or (c) ignominious defeat beckons and others who have endured this know better than to post about the experience... * (SFW) http://www.urbandictionary.com/define.php?term=Fisking |
Originally Posted by sophthecorn
(Post 26911562)
So I was flying to Athens from Washington, DC, via London. We arrived in London on time, however we were stuck on the plane for an hour because the plane couldn't park. The pilot explained that another plane had technical issues and they couldn't move it and that is why we had to wait. To be honest I couldn't understand all the information the pilot gave but that's as much as I gathered. As a result I missed my connection flight. They wanted to rebook me to flights via Helsinki or Istanbul which I found ridiculous and instead they booked me for one tomorrow, and gave me a hotel.
As described above, I would say you've got a good case, and it's good you've noted this down - it sounds a very LHR tale incidentally. The only two things that may get in the way are (a) if the HEL/IST routing would have got you to Washington under 3 or 4 hours - which seems implausible to say the least or (b) if BA take the gate blockage as being weather/ATC related, which is doubly implausible. So I would apply and make it very clear that the reason for the delay was a technical issue with the other aircraft. You may need to persist, the first answer may be unhelpful, I hope that I'm proven wrong there. |
Originally Posted by lorcancoyle
(Post 26911600)
Given paucity of posts on things getting all the way to a hearing I'm wondering if that's because (a) it's pretty rare, (b) not everyone is as sad / excited as me when it comes to hearings and evidence, or (c) ignominious defeat beckons and others who have endured this know better than to post about the experience...
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Originally Posted by corporate-wage-slave
(Post 26791336)
You may face an argument, but since you have a piece of evidence like this, it would be up to the airline to come up with a counter argument. So by all means put a one line mention in your claim that you have a timed video to back up your timing, and if you get a pushback you have a process to take it forward. It's the sort of thing that the new mediation process may assist on, incidentally, if they offer that. Whether it is offered or not, you have the MCOL route if necessary.
In case anyone else was on that flight it was BA34 on 7th June. One question I do have, what exchange rate is used when they send the cheque in local currency (flight was pre Brexit) the rate on the date they issue the cheque or the rate on day of flight? |
Originally Posted by Jonrross
(Post 26911665)
One question I do have, what exchange rate is used when they send the cheque in local currency (flight was pre Brexit) the rate on the date they issue the cheque or the rate on day of flight?
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Originally Posted by corporate-wage-slave
(Post 26911614)
Welcome to Flyertalk sophthecorn, welcome to the BA forum. It's good to see you here, though I'm sorry to hear of what brought you here. I hope you find the rest of this forum useful too.
As described above, I would say you've got a good case, and it's good you've noted this down - it sounds a very LHR tale incidentally. The only two things that may get in the way are (a) if the HEL/IST routing would have got you to Washington under 3 or 4 hours - which seems implausible to say the least or (b) if BA take the gate blockage as being weather/ATC related, which is doubly implausible. So I would apply and make it very clear that the reason for the delay was a technical issue with the other aircraft. You may need to persist, the first answer may be unhelpful, I hope that I'm proven wrong there. Another reason why I am so upset and want to persist with the compensation is because of how they treated me on the first part of my trip, where I had to find a hotel all by myself, had to wait on the phone for 2 hours to get rebooked, and I had to spent half of my travel money on the hotel, transportation and food which I still haven't gotten back. This whole entire trip couldn't have gotten any worse. I travel to Washington 4 times a year and that's my first time dealing with something like that. I am trying to find the link where I claim for a compensation with them and I am failing so far. All I come up with is FAQ but no actual online form. Would anyone be kind enough to help me out? Once again thank you very much. |
Originally Posted by corporate-wage-slave
(Post 26911629)
I haven't a clue, and there is a bit of (b) for me, but still I'm watching developments with interest! The late presentation of the skeleton (not unusual), presumably well after the deadline, should be brought to the judge's attention, since it presumably limits your ability to respond fully.
Naughty, naughty... |
Originally Posted by Fly_By_Wire
(Post 26778023)
Fair point Sir!
Thanks for the advice, will go down the MCOL route to Iberia House and report back.
Originally Posted by corporate-wage-slave
(Post 26777843)
I vaguely think you ought to be setting up an EC261 thread in the Iberia forum!
From my PMs on the subject, Iberia do not voluntarily pay EC261 unless the circumstances are so overwhelming that it would look silly (and you case is near to that, but not completely so). So if you bought the ticket in the UK and are UK based, write a final note to Iberia giving them 16 days to pay, and on day 17 go through MCOL, sticking to a firm timetable, and sending it to Iberia House in Hammersmith. The two other approaches, AESA and CAA, may or may not also succeed but we can be sure it won't be as fast as MCOL. The Iberia contact centre were unable to provide a UK address, other than quoting Heathrow Airport from their website. Other than hopping on the Piccadilly line for an hour, anyone got any ideas on what address to use for Iberia in the UK? Perhaps IAG head office at Heathrow? |
Originally Posted by Fly_By_Wire
(Post 26914483)
...Other than hopping on the Piccadilly line for an hour, anyone got any ideas on what address to use for Iberia in the UK?
IBERIA LINEAS AEREAS DE ESPANA SOCIEDAD ANONIMA OPERADORA UK establishment number BR014912 Company Overview for IBERIA LINEAS AEREAS DE ESPANA SOCIEDAD ANONIMA OPERADORA (BR014912) Filing history for IBERIA LINEAS AEREAS DE ESPANA SOCIEDAD ANONIMA OPERADORA (BR014912) UK establishment office address Waterside Orient 2a, West Drayton, Harmondsworth, UB7 0GB |
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