thegrailer

Specifically - no idea. The only thing the airline will say is that ATC in MAN caused the delay on Feb 11, and that the data is private. In the US, that data isn't private (as far as I can tell). In MAN It could have been a ground stop or who knows - airline won't divulge what it is basing its extraordinary circumstances determination on outside of stating "ATC." In the US, one can find what I link to below via the FAA website. Those data show nothing going on at the arrival airport anywhere near the scheduled arrival time. I was hoping for a UK website (or something) where I could get similar info about MAN for Feb 11.

Database Results

Maybe it's user error but KARFA's link didn't get me to what I was looking for --

Thanks all

Cheers -

lorcancoyle

Hypothetical / per-emptive question on EU261 - but not the compensation aspect!

I am 100% going to miss my connection for DUB-LHR-HEL today, and probably marginal at this stage for the last AY flight of the day - doors still to close, and it’s in less than 2hrs 20mins (with de-icing, terminal transfer etc. involved). Hopefully things will work out and BA will have rebooked me on that proactively, and I make it - but if not the next flight basically means I’d have 2 hours in the airport, so trip pointless

Question is, have people had much luck with BA on the re-routing at a later date approach part way through the trip? Have BA insisted (can they?) on same class availability?

armouredant

I feel like if you explain that visiting HEL for two hours isn't the reason you bought the ticket, I'd like to think BA might push your return flights back proportionately, too. If not, this is certainly a job for your travel insurance.

lorcancoyle

thanks. I suspect I’ll end up going with path of least resistance (within reason) at this stage. And we have just now started pushback... (1915 AY flight ain’t happening)

ah well, the cost of RFS and £35 insurance excess still gets me the 40TPs and I avoid -15c temperatures in HEL

I feel sorry for the crew - they were supposed to be off to MIA put got moved to the Polar Express instead (have been overhearing references to bikinis and flip-flops and colleagues shunted off to Calgary having packed for slightly warmer climes...)

Often1

Aggregate data for MAN is available on FlightRadar24 as well as other databases. No different for UK than for US. Specific communications between MAN ATC and BA regarding your flight are non-public just as they are in the US unless someone recorded them at the time.

But, none of this matters.

If you have made a claim and it has been denied, you have two options: drop it or pursue it. Whether at CEDR or in small claims (telephone hearings available in the UK), it will be for BA to prove an extraordinary circumstance, not for you to disprove.

You are wasting your time on a wild goose chase. Send a letter before action (forms on the MCOL website) with a specific demand and leave it at that. Unfortunately, while the forms are helpful, as a US resident, you won't have access to MCOL. But, a telephone hearing will be just as good.

lorcancoyle

Great service from GGL line just now. When I landed I could see that I’d been automatically rebooked - 1.45 in the ground tomorrow before return... Called GGL line and they said that clearly didn’t make sense for me so moved the LHR-HEL-LHR legs out a couple of weeks, and I got the AY Saturday morning flight as well. So saves me from queuing up at LHR and saves them a hotel room (I’m good to just leave)

(and it was answered within seconds - I’m still sat at the airbridge waiting to get off!)

Overall quite happy with that, more time in HEL, when it’s warmer, and I’m only out a small amount of cash on the non-refundable hotel tonight.

(Disembarking from the rear steps, onto busses when we’re at gate 22 in T5A is irritating though - and 23 is free too)

KLflyerRalph

When a flight is cancelled, PAX have the right according Article 5 to Assistance (Art. 8) and compensation (Art. 7). Within Article 8 they can choose for either re-routing of a refund. If a passengers chooses for the refund, are they still eligible for compensation? The regulation suggests that compensation is due irrespective of the 'choice' in Article 8, however it complicates the fact that the amount due depends on the delayed arrival time with respect to the original, cancelled flight.
So if a PAX chooses for a refund, can he still claim compensation which is then the full amount?

thegrailer

Follow up on MCOL. Does one have to be a UK resident or a UK citizen? I can be in the UK to appear in court if needed.
Thanks for the ATC info

It is the pursue option -

serfty

Resident - or perhaps have a UK mailing address.

Ajm1987

Just had LBA to LHR cancelled so getting the train instead. Was travelling in CE, would BA refund a 1st class ticket? Will they also refund taxi from LBA to Leeds train station?

corporate-wage-slave

All three cases appear to be handled by district judges in the Small Claims track. These judgements are not considered as setting precedent, though it is certainly possible to cite them in other cases and there is a general expectation that the law will be correctly interpreted. In all 3 cases we only have a summary and unfortunately with Small Claims we rarely get access to the full judgement, so there may be particular circumstances at play here. We do know that Davies was shorthaul cabin crew, the second case was longhaul with some mandatory rest issues involved and involved flight deck crew, the third case being Finnair - they are well known for being unhelpful on EC261. My reading of this is that it is possible to construct a case where crew illness is considered the airline's responsibility, but it's not as clear cut as for other causes.

corporate-wage-slave

I can't see many successful cases for EC261 arising from weather related delays during the last week or so. You may get somewhere if you are able to demonstrate some technical issue was also involved, and the other approach would be that at LHR BA should have enough resources to cope, however if it got to court BA wouldn't have to try very hard to point out some of the operating difficulties they had. If you feel like taking it further then if you go CEDR you don't have much to lose, but I think that would be even less likely to be a productive use of your time.

corporate-wage-slave

Yes, Article 7 is payable if the flight is cancelled at short notice and you opt for a refund. However you need to find out what the replacement service would have been. If the airline is able to get the passenger to their destination within the relevant timeframes. If that didn't get communicated to you then it may be best to proceed with the case, since it would be up to BA to demonstrate that (e.g.) other passengers on the same service were placed on to alternative services. And of course, that is assuming that "extraordinary circumstances" were not the cause of the cancellation.....

corporate-wage-slave

You need a UK address, your own nationality is irrelevant in this area, and at least in theory be willing to show up in court on a date set by the Clerk. You can object to a particular date (or rather communicate unsuitable dates to the Clerk in advance) but if you don't show up in court you can end up being liable for some of the legal costs if the district judge is in a bad mood.

corporate-wage-slave

Give it a go. There isn't a specific right to a train ticket under EC261 but many passengers have been refunded train fares. Not sure about 1st class specifically. Taxi fares are capped at £50. If BA refuse - and MAN was impractical plus there was no other service from LBA that day - then it may be open to using EC261 in court or CEDR, based on the principle that BA have not given you a reasonable same day alternative.