simons1

If you are determined to pursue it, give 14 days notice of your intention to go to MCOL. However based on what you have told us (weather etc) I think you would be wasting your money and BA will almost certainly defend it.

corporate-wage-slave

I am also sceptical. As I mentioned in my previous post here there is probably a blanket refusal for anyone claiming in this period, I imagine they have had thousands of claims, and mostly there will be a reasonable basis to decline them, the weather was unquestionably bad. There are some lines of approach you can use in your particular case, in terms of more than BA could have done. I'm not sure CEDR would help much, but it's a more-or-less free process to take further forward. For MCOL, you would need to have your arguments very tightly defined and take on the process carefully, but I could (just about) see a scenario where it would work, based on BA not doing all it reasonably could to resolve your travel disruption.

craigdthomas

Many thanks for the advice. BA just off the phone and now accepted that baggage contractors taking over 2 hrs to find an ill passengers bag is not an extraordinary circumstance.

€600 back to account, which will be back in their account next week for more flights!

Alex Pugna

It worked with the first link, thank you. Is it the first link only for claiming expenses or even for the EC261 ? As I was unsure I wrote that I expect to get the compensation I am entitled by EC261 and the money for my expenses due to the diversion.

bernieb

Been getting exactly the same message all week when trying to apply for compensation for 10 hour delay.
Rang customer services - and message says "all lines are busy, please use web site - and then hangs up".....

corporate-wage-slave

I believe if you get it in somewhere it should all be processed together. Some expenses - so called consequential losses - they won't pay, but if it was things like taxis and drinks it should be OK. They won't pay for additional car parking fees, for example.

Alex Pugna

So no phone call bill ? 30 dollars for 17 minutes talk with Avis US
and an extra charge for the car rental for being late 24 hours ?

corporate-wage-slave

The phone bill should be OK, the Avis charge - well I would normally look to your insurers. However there is a poorly used clause 19 in the Montréal Convention where the airline is responsible for damages caused by delay, and personally that would seem to help you here. Let's see what happens when BA assesses your claim, it is certainly better to claim it than to leave it out. I hope that you will hear back within the next few weeks.

Sam Bee

Greeted by this in Terminal 5 this morning, a sight every regular traveller dreads.My flight to Kamino has been indeterminably delayed.

Can I demand a re-route? It's not an EU airline. Do I get EU 261?

corporate-wage-slave

Yes, I would not hang about, I'd get yourself rebooked to Tatooine as quickly a possible, passing by Boots to stock up with as much SPF50 and water as you can carry. Don't forget to check out Jabba the Hutt's eatery, may have a Michelin star or two.

UKtravelbear

Well as you would be leaving ithe EU then EU261 would apply.

though I’m sure the Emperor would just deny your claim anyway.

sean1231

Hello im about to put a claim in. My flight ba67 to PHL was delayed by over three hours. We departed from the gate to realise a fuel leak and after a full fire truck response and escort back to the gate we sat there whilst they diagnoses it and fixes it. Three hours of sitting on the ground the pilot said theyd over fuelled the aircraft and due to heat, fuel went into the secondary tanks and then sprayed out (not an engineer but it was along those lines). This makes me think it was human error, no other aircraft around was over fuelled, they had the forcast, does anyone think ill have a chance on this ?
Thanks

corporate-wage-slave

It needs to be 3 hours late on arrival obviously but the circumstances seems to be a clear EC261 Article 7 claim to me. I would hesitate to put in a claim immediately after it has happened, it's sometimes best to leave it a week or two before submitting as explained upthread.

Work-Shy

My friend replied via the webform mentioning the suggested text about Siewert v Condor and requested a deadlock release. Alarmingly (and annoyingly), BA have replied with the following:

Thanks for getting back in touch with us about your EU compensation claim. I understand this is something you feel strongly about and I’m sorry you’re unhappy with our previous replies. We really want you to fly with us again and we know not resolving your complaint fully will affect the decisions you make when you need to travel in the future.

I’ve had another look at your claim for compensation and I’ve taken time to make sure our response is accurate and up-to-date.I’m afraid our decision hasn’t changed and the responses you’ve received about the eligibility of your EU compensation claim are correct.

As your flight BA0055 on 15 April was delayed because of aircraft damage caused during ground handling, which prevented the aircraft operating as scheduled, we’re unable to offer you any compensation. I know this isn’t the answer you were hoping for and I’m sorry to let you down.

Given the information we hold about your delayed, our answer won’t change and we’re unable to respond to any further requests for compensation.

A formal letter before action has now been sent to the UK address but would it be uncharitbale to assume the Indian customer contact centre staff have carte blanche to deny claims and obfuscate as much as possible in the hope customers give up? I can only hope the letter before action prompts somebody more competent to assess the case and progress the issue.

From a technical/timeline point of view, is it best to wait the 8 weeks (from time of complaint) and start the CEDR process or just dive in after 14 days from receipt of the letter before action and go down the MCOL route? Having read the Siewert v Condor case details, I am at a total loss as to why BA are claiming "ground handling" causing damage is an extraordinary circumstance. Thanks in advance.

corporate-wage-slave

You have effectively got the deadlock letter from BA, so I think you are now OK to go straight to CEDR. The letter before action needs to apply for MCOL cases - and it's fine to do that to keep your options open there - but it's not really needed for CEDR cases. Unless there is a material fact that they haven't disclosed (and it would have to be something like a Virgin truck ran into the aircraft) I can't see where the defence is either. In a way BA have saved you further running around, so just do a clinical application of CEDR/MCOL and hopefully you will be paid shortly.