NWIFlyer

Was anyone else travelling F placed in VS Upper Class (Business Class) as a result of the BA286 from SFO-LHR on 25th July being cancelled at short notice due to a mechanical problem preventing it even arriving at San Fran?

I claimed for F to J downgrade compensation - it's just about the simplest example of Article 10 you'll find, I'd think - but BA have played their usual trick of denying it because "you accepted the flight change". Apart from the fact this isn't a defence apart Article 10, unfortunately for them I deliberately asked the SFO staff to put a note in my PNR that I was involuntarily re-routed ... which BA mysteriously claim they can't see. Pity it's clearly still on the record in My Flights App then ...

What annoys me even more is that I could easily have stayed the night, which would have meant BA picking up a fairly large hotel bill (the guy in front of me in the queue took that route and they put him in The Fairmont), my meals for the next day, and 600 Euros in delay compensation - plus I'd still have been in F.

I've now asked for a deadlock letter to give me the CEDR as well as MCOL option without having to wait for 8 weeks, but I'd be interested if this is a common line they're taking with everyone or if they have actually paid out.

CLW0115

I would like to ask for advice on this situation:

I was involved in a 6-hour delay on 4th June. The BA flight, BA1438, was supposed to leave Heathrow for Edinburgh at 9 am, but was delayed to 4 pm due to engine failure (that another aircraft had to be used).

BA accepted my compensation request (submitted 6th June) on 7th July and asked me to provide bank account details (which I did within 2 days). It has been nearly one month since then, and I'm still waiting for the money.

Is this normal? Should I phone BA to make an inquiry (note that I am out of UK)? (You know, BA suffered from the IT meltdown in May, but that was more than 2 months ago...)

P.S. Since I am new here, please do tell me if I haven't provided the enough details. See you soon in the other parts of the forum!

seaskybound

If a flight is delayed by 1 hour and you miss your connecting flight (all one ticket legal MCT), and are delayed to destination by 4h+ are you due EC261 compensation?

I also need to find out the reason for the 1 hour delay (within or not EC261) not sure how to go about that (for a family member)

caz312

possibly...The first post in this thread has all the details.
The delayed flight needs to be either on an EU airline departing or arriving the EU or a non-EU airline departing the EU....eg a delay on US domestic flight missing a long haul transatlantic would not be covered but a delay on an EU airline operated transatlantic connecting to a UK domestic would
Depending on where this was, sub 1 hour delays can often be due to weather/ATC which would not qualify for EU261
You can put the flight details + connecting flight details into one of the NWNF free checkers for an indication on whether there is likely to be a claim (EUClaim, bottonline)

710 77345

I would just send them a letter before action, then MCOL after 2 weeks. Causes them maximum trouble, it's easy for you, and gets you an empowered person from their legal team on the line with your mediator.

As for your question, I don't know - but all the posts here suggests they try to weasel their way out of their legal obligations 9 times out of 10.

seaskybound

These are not telling me the reason for the delay, just accepting to move forward. How do I find out the reason for a 1+ hour delay

NWIFlyer

Oh absolutely, my thoughts exactly - letter written already, will be posted tomorrow - the maximum trouble part was particularly appealing . It's just of interest if people with higher status or a history of successful claims/litigation might have been afforded a more, err, understanding line.

caz312

they may not tell the exact reason for the delay but it it was due to weather/ATC etc it would state there is extraordinary circumstances so no compensation due. Alternatively it may say you can claim €x which would imply that it was not extraordinary circumstances
If both EUClaim and bottonline say compensation is due then get a claim in direct with the airline (no need to go through a NWNF and lose a % of the compensation)

DocS

Family member (Gold) on LGW GLA BA2968 was due to depart 2115 but now saying 0025... Lounges closing at 2300 so they will be turfed out. What's the likelihood of getting a hotel and first flight tomorrow instead? Would this invalidate EU261? Bit of a pain the lounge turfs out even with long delays but appreciate staff need to get home.

Frequentflyer99

By way of update (and as a data point), after two brush-offs, which appeared to proceed on having failed to understand the situation (although it had been very clearly spelled out in my original claim), an hour ago I sent them my analysis point by point and asked them to clarify which points they disagreed with. I also threatened legal action without further notice.

Within the hour, I had an acceptance of the claim, specifically on the basis that it had been the originally booked flight which was delayed. A cheque for £542.69 is now allegedly on its way ! ^

nm7

Had a flight in Club Europe booked (avios ticket) from Mykonos to London City this past Monday. Flight was due to take off at 17.05. On arriving at the airport, it was delayed to 18.00, then 19.00. It was then cancelled and moved to 9am the following morning. We were eventually (through a lot of chaos) given a hotel (on the other side of the island) and told to come back to the airport at 7.30 the next day.

The next day, we arrive at 07.30 for a 9am departure and get told the flight is now at 3pm, and has been diverted to London Stansted. In addition, it will be operated by Titan Airways and will be an all-economy class service.

I contacted BA, their offer is:

£25/day for food (laughable given at the hotel they sent us that barely bought a chicken salad).

€400 EU compensation for the delay over four hours.

No downgrade compensation - they say as we were rebooked onto 'another carrier', no downgrade compensation is due. I argued 75% of that portion should be refunded under EU 261 but they refused repeatedly and said nothing is due as we were rebooked onto another flight (even though it had the same flight number).

All in all, given an additional day off work, total confusion at the airport, consistent additional delays, plus the downgrade, I think their offer is wholly insufficient but they keep telling me customer relations is as far as a complaint can be escalated. Their attitude, let alone for a gold EC member that flies weekly is ridiculous.

I just wanted people's view on whether their response is correct and whether downgrade compensation is due or not.

thanks for any help.

rapidex

There can be no argument about downgrade compensation.If they dont want to pay,off to court.Simples.

NWIFlyer

This sounds familiar! You were clearly involuntarily downgraded. There is nothing stopping you claiming under Article 6 for the delay, Article 9 for the Duty of Care and Article 10 for the downgrade - they are mutually exclusive.

As rapidex has said, write them a Letter before Action setting out your claim with financial details (as you identify, for the downgrade it's essentially percentage of total journey affected less Government taxes), give them 14 days to pay, and if they don't send it off to MCOL.

You are certainly also entitled to costs for food and drink under Article 9, and so long as what you did was sensible and proportionate (and eating in the provided hotel seems perfectly sensible to me if you might need to leave at short notice), you should be able to claim the higher amount you actually incurred.

baITcomp

Thank you for this advice. I used the CEDR arbitration service and they paid up, finally.

So to anyone whose reimbursement was processed, but only up to a cap (in my case 255 GBP hotel cost was only reimbursed up to 200 GBP), I can say with a sample size of 1, "CEDR can work". Please note that this process can only be started after you respond to British Airways enough (through their messaging service/case filings) that they state that the reimbursement is their "final position". The final position letter will include a case number for reference with CEDR.

BA6501

I think it's 50% though for the downgrade on a sector of that length.