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BA claiming Bird Strike for cancelled flight, but not the case!

BA claiming Bird Strike for cancelled flight, but not the case!

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Old Aug 2, 17, 6:09 am
  #16  
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In case the OP hasn't found it yet, there is a useful thread on EC261 which has a lot of information: http://www.flyertalk.com/forum/briti...61-2004-a.html
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Old Aug 2, 17, 6:13 am
  #17  
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Originally Posted by Ldnn1 View Post
Why? I would just do it directly - write to BA stating as OP explained above. Ask BA to provide evidence of the supposed bird strike and how this supposedly affected the flight, failing which just take it to CEDR or MCOL.
Because if the case is going to end up with CEDR or MCOL anyway, why wait?
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Old Aug 2, 17, 6:19 am
  #18  
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Welcome indeed to M Nix, welcome to Flyertalk and the BA board, I'm sorry to read about your difficulties with this flight. The late services out of LCY to GLA and EDI are somewhat tedious when delays set in, which is all too often in my experience.

You've been pointed to the correct thread, it's in the Forum Dashboard, where lots of good advice is to be found. Rather than repeat it all here, I would simply go back to BA and make a clear claim for the amount you are seeking and give them 16 days to pay up, "otherwise I will take the matter through other channels". You could telephone Customer Relations if you want to check this wasn't some clerical error on the flight coding, if it is then this will be a fast track to payment.
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Old Aug 2, 17, 7:00 am
  #19  
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Thanks very much for all the helpful advice and welcomes. I've been a lurker on here for a while, so good to finally join in and hopefully start contributing too. I will let you know what happens (although likely to be a while before resolved from the sounds of it!)
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Old Aug 2, 17, 7:12 am
  #20  
 
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Originally Posted by binman View Post
Time for this compensation to be paid automatically back to original form of payment and within 7 days. There should also be an independent arbitrator to decide on the more challenging delays but still leaving the customer with a right of appeal.
The problem with thus is that payment is due to the passenger, not the purchaser of the ticket. Of course the two can be the same but often are not.
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Old Aug 2, 17, 7:20 am
  #21  
 
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Originally Posted by binman View Post
Time for this compensation to be paid automatically back to original form of payment and within 7 days. There should also be an independent arbitrator to decide on the more challenging delays but still leaving the customer with a right of appeal.
They can't do this as it is the passenger who is legally entitled to the compensation, whereas a lot of bookings will be made on corporate cards.
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Old Aug 2, 17, 10:09 am
  #22  
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Originally Posted by M Nix View Post
That's what I thought! I wonder if a new tactic to try and avoid at least some of the compensation claims.. Seems pretty underhand though, I know BA aren't what they used to be, but surely they haven't sunk that far?
Yes, I'm afraid they have. Not really a brand new phenomenon this either. I suppose they really do want to be like other LCC's.
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Old Aug 2, 17, 10:24 am
  #23  
 
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The toothless part of EC261 is that there is no deterrent and no downside on the airlines for deliberate false initial denials.

EC261 really needs to have extra teeth, a 50% or 100% uplift to fliers incorrectly denied compensation $$$'s would soon put a stop to the airlines money/compensation-saving exercise of initially pushing back on obviously correct claims.
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Old Aug 3, 17, 4:00 pm
  #24  
 
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Originally Posted by Misco60 View Post
This mirrors my recent experience, when BA Customer Service claimed that my flight was cancelled due to "weather, air traffic control restrictions or other reason outside our control" whereas it was, in fact, due to crew being out of hours.
How do you think the crew ran out of hours in the first place?

I think you were very lucky for the payout considering that ATC Restrictions and Weather played a big part in the crew running out of hours.
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Old Aug 3, 17, 4:07 pm
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So the birds are going on strike as well

Bad enough the cabin crew going on strike, but now the birds as well!! This will surely be the finish of BA
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Old Aug 3, 17, 5:03 pm
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Originally Posted by Wozza2404 View Post
It's a common tactic with LCCs unfortunately. I've had a couple of instances claiming from Flybe and Easyjet where I got what I assumed to be a blanket refusal as their initial response. When I pushed back, both paid without a fuss. I guess if 50% of claimants just say "Oh well" it's worth them trying it.

Wizzair, on the other hand, just refuse all claims outright and will only pay out if you MCOL them.
In fairness, in my only claim from Flybe they agreed liability by email within 24 hours and credited 250 without fuss to my card in a very courteous call invited by their correspondence. The only issue was whether to take 300 flight credit instead. BA take note.
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Old Aug 3, 17, 5:22 pm
  #27  
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Originally Posted by Mountlodge View Post
Bad enough the cabin crew going on strike, but now the birds as well!! This will surely be the finish of BA
Don't worry - a load of Qatari Falcons are on the way as we speak.

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Old Aug 3, 17, 11:42 pm
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Originally Posted by Orange.Man View Post
How do you think the crew ran out of hours in the first place?

I think you were very lucky for the payout considering that ATC Restrictions and Weather played a big part in the crew running out of hours.
How can you possibly know that "ATC Restrictions and Weather played a big part in the crew running out of hours"? Were you there?
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Old Aug 4, 17, 12:39 am
  #29  
 
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I've had LH try to pull off a similarly false excuse for a massive delay on a flight from Tokyo. An issue caused by improper maintenance was presented as "an act of God". I requested to be sent an engineer's report so I could pursue the claim in small claims court and got a reply in a day that for "customer service" reasons LH would pay my EU 261 compensation, but did not assume any liability in related cases.

I know I should have pursued this further so others could get their justified compensation as well, but I decided to drop it.
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Old Aug 4, 17, 1:01 am
  #30  
 
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Originally Posted by Orange.Man View Post
How do you think the crew ran out of hours in the first place?

I think you were very lucky for the payout considering that ATC Restrictions and Weather played a big part in the crew running out of hours.
Rather than "Crew ran out of hours", I would argue that BA failed to scheduled sufficient crew on standby. ATC restrictions and weather are not uncommon in London airspace so delays as a consequence are perfectly foreseeable.
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