Multi Leg Flight 1st Leg Canx - Rerouted - Travel Comp Advise
#1
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Join Date: Oct 2006
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Multi Leg Flight 1st Leg Canx - Rerouted - Travel Comp Advise
Hello,
Looking for some advise here.
Myself and two friends were on a AMS - LHR - KUL - BKK rtn trip a couple of weeks ago and unfortunately the 1st leg AMS - LHR was canx when the Capt decided that they would be out of hours if they sat out the thunderstorms in the North Sea that day.
This lead to a bit of chaos in AMS as it transpired that the Capt did not inform OPS of his decision correctly and nobody was offloaded from the flight correctly.
One of our party is a GGL and called up the GGL line to see if they could help and rebook us. They managed to re route from BRU the next day.
By this point the LGW flight had been canx as well so the queue was getting rather large. The local manager told us to take the BRU flight as next day's AMS were nearly all full and go grab a hotel as he had 60 rooms for 250+ pax.
So off we trotted to a hotel and then caught the train to BRU the next day for the flight. Every thing else went well to BKK.
We have now submitted our claims for the disruption and have been flatly told that they will not refund the trian to BRU as it was a 'Consequential Loss' as we accepted the re route.
Any advise on how to pursue this? Seems like a cop out to me as we were offloaded from the original dep point and rebooked on the only available alternative in a different city!
Looking for some advise here.
Myself and two friends were on a AMS - LHR - KUL - BKK rtn trip a couple of weeks ago and unfortunately the 1st leg AMS - LHR was canx when the Capt decided that they would be out of hours if they sat out the thunderstorms in the North Sea that day.
This lead to a bit of chaos in AMS as it transpired that the Capt did not inform OPS of his decision correctly and nobody was offloaded from the flight correctly.
One of our party is a GGL and called up the GGL line to see if they could help and rebook us. They managed to re route from BRU the next day.
By this point the LGW flight had been canx as well so the queue was getting rather large. The local manager told us to take the BRU flight as next day's AMS were nearly all full and go grab a hotel as he had 60 rooms for 250+ pax.
So off we trotted to a hotel and then caught the train to BRU the next day for the flight. Every thing else went well to BKK.
We have now submitted our claims for the disruption and have been flatly told that they will not refund the trian to BRU as it was a 'Consequential Loss' as we accepted the re route.
Any advise on how to pursue this? Seems like a cop out to me as we were offloaded from the original dep point and rebooked on the only available alternative in a different city!
#2
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You are protected in this scenario, if we regard AMS and BRU as being in the same "region" (and I certainly would view that as well-known, in this specific instance). This is per Article 8.3 of EC261, the language slightly tends to read this as where the destination airport is different to that booked, however it's not explicit on this point and if it got to court I suspect that you'd be on the winning side. Moreover that is the essence of Article 8.1.b. I would head over to the main EC261 thread (available via the Dashboard) and follow the procedure there for getting the appropriate refund.
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#5
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#6
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You are likely out of luck on both counts and it appears that BA met its "duty of care" requirement by providing a hotel. If you have separate reasonable food and local transportation costs to the hotel, those should be reimbursed as part of the duty of care.
The AMS-BRU is very unlikely to be reimbursed under EC 261/2004 as it was part of the reroute which you accepted in lieu of waiting it out at AMS for the next available service. Most travel insurance should cover this and I would submit the tickets to your insurance carrier for that payment.
While your delay into BKK certainly exceeded 4 hours, it seems clear that this was a weather-related delay and thus no cancellation compensation is due.
The AMS-BRU is very unlikely to be reimbursed under EC 261/2004 as it was part of the reroute which you accepted in lieu of waiting it out at AMS for the next available service. Most travel insurance should cover this and I would submit the tickets to your insurance carrier for that payment.
While your delay into BKK certainly exceeded 4 hours, it seems clear that this was a weather-related delay and thus no cancellation compensation is due.