corporate-wage-slave

Interest, in the current environment, would seem to me to be clutching at straws, very meagre straws at that. Base rate is 0.25%. 600€ delayed by (say) 2 months suggests interest of something like 22p. There is a standard interest rate process that results from MCOL, but not CEDR, which is slightly more generous, but we are still talking pennies here.

The "our answer will not change" seems to come out after someone keeps sending emails into BA and they get fed up with spending resources on the case. You may have been sufficiently polite (or sufficiently important) that they haven't got to that point yet.

chrismk

You were, of course, absolutely right.
I've received notification this morning that they will settle the claim in full and pay the court costs!
I can't thank you enough for your advice.

corporate-wage-slave

Thanks very much for confirming: this is a case where BA tried to enforce their £200 guideline for hotel costs in New York on the Memorial Day weekend during the IT meltdown. I'm sure other people will find your reports useful.

Celery01

Hi DCA100, I have just received my reply for compensation overnight and am really angry this morning. However look at the response I received, completely different wording to what you received!!


Thanks for letting us know what happened when you and your wife flew with us from Heraklion on 01 July. I'd like to apologise for the delay in replying to you. I understand how frustrated you must have been when your flight was delayed. I’m sorry for the problems we caused you.
We take all reasonable measures to avoid delaying a flight and we always consider if there are any operational options available before we make a decision. We’re very sorry the delay was necessary in this case.
Your claim has been refused because BA2553 on 01 July was delayed because of airspace restrictions being in place that were outside of our control. Under EU legislation, I’m afraid we’re not liable for a compensation payment in this situation.


I will be calling customer relations this morning and hoping based on your success they should be paying out. It is also interesting that despite paying out to you, they are still refusing other customers on the same flight, totally unethical!!

Tyzap

Some info I picked up from the CAA website which might explain why BA are reluctant to pay out in some cases.

Heathrow Airport

Heathrow required airlines to cancel a proportion of their flights based on forecast bad weather.

The reduction in capacity was to ensure flights could continue to operate safely and airlines could give advance notice to their passengers. The flights shown below were cancelled based on the expected weather conditions and in our view would be considered to be an extraordinary circumstance and not subject to compensation.

The list does not include flights cancelled on the day.

Details of cancelled flights

2017

6 July - forecast thunderstorms
6 June - forecast strong winds and storms
12 January 2017 - forecast snow
23 January - forecast fog
24 January - forecast fog
25 January - forecast fog
23 February - forecast strong winds (Storm Doris)
2 March - forecast strong winds
2016

Monday 19 December 2016 - Fog
Sunday 18 December 2016 - Fog
Tuesday 6 December 2016 - Fog
Monday 5 December 2016 - fog
Tuesday 31 May 2016 - predicted strong winds/thunderstorms
Monday 11 July 2016 - forecast strong winds
Tuesday 1 November - fog
2015

Sunday 1 November 2015 - Fog
Monday 2 November 2015 - Fog
Tuesday 3 November 2015 - Fog
Tuesday 17 November 2015 - Storm


Examples of extraordinary circumstances

The main categories of events that are likely to be an extraordinary circumstance include:

Acts of terrorism or sabotage
Political or civil unrest
Security risks
Strikes (unrelated to the airline such as, airport staff, ground handlers, or air traffic control)
Weather conditions incompatible with the safe operation of the flight
Hidden manufacturing defects (a manufacturer recall that grounds a fleet of aircraft)
If you are not sure whether extraordinary circumstances apply to your flight, but have read about your other rights and think you might have a case, you can make a claim to your airline for compensation. The airline should explain to you the reason for the disruption. If they consider it was due to extraordinary circumstances they will need to clearly set out why. If they reject your claim then you can consider whether to pursue it further.

KARFA

There is quite an intereting explanation of fog/low vis delays in this thread http://www.flyertalk.com/forum/briti...elays-fog.html

Tyzap

Thanks for the link KARFA, they are obviously very well worked out plans.

DYKWIA

That's quite interesting. So, a strike by BA staff would not be an "Extraordinary Circumstance"?

Tyzap

Quite, and how about 'expected weather conditions' being an EC, a new category just for LHR!

Tobias-UK

This is a grey area under EC261, one that is very likely to be challenged.

Tobias-UK

If LHR requires an airline to reduce the number of flights in to or out of the airport then this will be an extraordinary circumstance under the Regulation.

KARFA

Reductions of flow rates at an airport or ennroute due to unfavourable is certainly not something unique to LHR or indeed even UK airports. There have certainly been a number of cancellations and delays acrioss Europe over the last month (noted in this board) due to storms across mainland Europe. Whiclst no one in the industry wants to delay and cancel flights, often that may be the safest course of action, but it wouldn't be someone any airline could reasonably be held responsible for.

gordies

Hi all, looking for some help please.

Flight on 9th August from LGW been cancelled today, and we have been shifted to another flight from LHR, same day, but 1hr 20mins later - due to operational reasons. Having spoke to BA they have moved us again to 2 hours earlier than original flight - does this stop us claiming anything?

Been suggested we can claim compensation under EU261 as a cancellation within 7 days of travel is classed as a cancellation and entitlement to full compensation comes into play. Can someone kindly advise the exact regulations to quote, as BA claim they are not liable, and will not pay for transport from LGW to LHR despite our train tickets all booked and non-refundable.

Thanks for any help!

Gordies

simons1

Haven't you already asked this in a separate thread?

corporate-wage-slave

Assuming you were given less than 7 days notice here, what matter is the arrival time, original and the new one. If it is under 2 hours delay then no compensation, article 5.1.iii. Which may annoy you, but it is actually the Regulation doing what it should do, to minimise the delay to you. You also don't get consequential losses covered, such as the pre-booked rail tickets, that's for your insurance (assuming they cover this sort of thing).

However there may be some arguable scope for the additional cost of getting from LHR to LGW: article 8.3 makes some discussion on this but the precise wording suggests it is for the arrival airport ("a flight to") rather than departure. Now if that got to a senior court I'm almost certain it would cover your scenario as well, but it's not a 100% slam dunk.

You also could get a full refund, and that may allow you to make a better arrangement elsewhere.