Compensation Due?

Reply

Old Jul 11, 18, 1:49 pm
  #1  
Original Poster
 
Join Date: Oct 2015
Posts: 206
Compensation Due?

Was using wheelchair assistance for an acute injury for flight out of LHR. Was there at 5 am when the ticket counters opened and directed to zone G wheelchair assistance spot (for a 6:45 flight). They had few agents so I waited about 45 mintutes for an assistant. Finally, they discovered they had given my boarding pass to some other passenger who had gone through security with my boarding pass. This created a security breach which could not be resolved in time for me to make my flight. I arrived with the next flight which landed 2 1/4 hours after the initial one was supposed to get in. Am I owed any kind of compensation for the delay or other problems? Thank you.
oaken is offline  
Reply With Quote
Old Jul 11, 18, 2:15 pm
  #2  
FlyerTalk Evangelist
 
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 37,826
Where were you headed. This sounds like denied boarding to me and the compensation will depend on whether you were scheduled to fly a Type 1, 2, or 3 flight. So, destination matters.
Often1 is offline  
Reply With Quote
Old Jul 11, 18, 2:24 pm
  #3  
Original Poster
 
Join Date: Oct 2015
Posts: 206
Originally Posted by Often1 View Post
Where were you headed. This sounds like denied boarding to me and the compensation will depend on whether you were scheduled to fly a Type 1, 2, or 3 flight. So, destination matters.
It was a FCO-LHR-MAN flight. The mishaps happened at LHR.
oaken is offline  
Reply With Quote
Old Jul 11, 18, 2:28 pm
  #4  
FlyerTalk Evangelist
 
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 37,826
A Type 1 flight, so EUR 250 at 2 hours. Delayed departure is irrelevant, so I am presuming that the arrival delay was the same as the departure delay.

You will have a fight on your hand, but you presented yourself in a timely manner, your documents were in order and BA (or a contractor) failed as to the rest.
Often1 is offline  
Reply With Quote
Old Jul 11, 18, 2:38 pm
  #5  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 35,910
I suspect the contractor here is Omniserv (it certainly appears to reflect their usual standard of operation) in which case it is an airport employed contractor, not an airline contractor. Which means BA will be within their rights to say it's not in scope for them. I would instead pursue this against the airport (HAL) which doesn't give a formal claim under EC261 but you can claim via CEDR since HAL are a member of that dispute resolution service. You can use the 250€ amount as the claim figure - based on EC261, but it's not a regulatory amount in this circumstance. So bearing in mind that EC261 may not directly apply, nevertheless the EC261 thread in the Dashboard will tell you more about CEDR. First stage is a complaint to HAL, and I would be upfront in asking for the 250€ from the outset.
ptr120 likes this.
corporate-wage-slave is offline  
Reply With Quote
Old Jul 11, 18, 2:45 pm
  #6  
Original Poster
 
Join Date: Oct 2015
Posts: 206
Question: Why is it a Type 1 flight when the routing was FCO-LHR-MAN which is more than 1500 kilometers? LHR was an overnight layover...
oaken is offline  
Reply With Quote
Old Jul 11, 18, 2:48 pm
  #7  
Original Poster
 
Join Date: Oct 2015
Posts: 206
Originally Posted by corporate-wage-slave View Post
I suspect the contractor here is Omniserv (it certainly appears to reflect their usual standard of operation) in which case it is an airport employed contractor, not an airline contractor. Which means BA will be within their rights to say it's not in scope for them. I would instead pursue this against the airport (HAL) which doesn't give a formal claim under EC261 but you can claim via CEDR since HAL are a member of that dispute resolution service. You can use the 250€ amount as the claim figure - based on EC261, but it's not a regulatory amount in this circumstance. So bearing in mind that EC261 may not directly apply, nevertheless the EC261 thread in the Dashboard will tell you more about CEDR. First stage is a complaint to HAL, and I would be upfront in asking for the 250€ from the outset.
Yes, it was Omniserv. They are horrible. The company in MAN airport was wonderful, whoever they are. They told me that there were tons of complaints about LHR’s service.
oaken is offline  
Reply With Quote
Old Jul 11, 18, 2:49 pm
  #8  
Original Poster
 
Join Date: Oct 2015
Posts: 206
My arrival should have been 7:45 AM. Since I was on the next flight, it turned out to be 9:15 ish.

Originally Posted by Often1 View Post
A Type 1 flight, so EUR 250 at 2 hours. Delayed departure is irrelevant, so I am presuming that the arrival delay was the same as the departure delay.

You will have a fight on your hand, but you presented yourself in a timely manner, your documents were in order and BA (or a contractor) failed as to the rest.
oaken is offline  
Reply With Quote
Old Jul 11, 18, 2:53 pm
  #9  
Moderator, Iberia Airlines, Airport Lounges, and Ambassador, British Airways Executive Club
 
Join Date: Feb 2010
Programs: BA Lifetime Gold; Flying Blue Life Platinum; LH Sen.; Hilton Diamond; Kemal Kebabs Prized Customer
Posts: 35,910
Originally Posted by oaken View Post
Question: Why is it a Type 1 flight when the routing was FCO-LHR-MAN which is more than 1500 kilometers? LHR was an overnight layover...
I don't think that is relevant, since EC261 doesn't directly apply in my view, but you can use that figure (or any other figure) as a basis for claiming against HAL.
corporate-wage-slave is offline  
Reply With Quote
Old Jul 11, 18, 2:54 pm
  #10  
 
Join Date: May 2010
Location: UK
Programs: BAEC Silver
Posts: 4,887
Originally Posted by oaken View Post
My arrival should have been 7:45 AM. Since I was on the next flight, it turned out to be 9:15 ish.


In that case I think that may change things as it is under 2 hours delay. It looks like any compensation would be a decision made by HAL, but you don't have a EUR250 comparable.
Flexible preferences is offline  
Reply With Quote
Old Jul 11, 18, 3:00 pm
  #11  
Original Poster
 
Join Date: Oct 2015
Posts: 206
Is there a difference between a delay and not being able to board the flight because the flight is gone?

Originally Posted by Flexible preferences View Post
In that case I think that may change things as it is under 2 hours delay. It looks like any compensation would be a decision made by HAL, but you don't have a EUR250 comparable.
oaken is offline  
Reply With Quote
Old Jul 11, 18, 3:18 pm
  #12  
FlyerTalk Evangelist
 
Join Date: Mar 2008
Location: Netherlands
Programs: Gold: A3, AZ, BA Silver: KL
Posts: 22,862
Originally Posted by oaken View Post
Is there a difference between a delay and not being able to board the flight because the flight is gone?


If this was an EC261/2004 case no; all that matters, when determining the compensation, is how much later than planned you arrive at your final destination, if the delay is the fault of the airline.

Your apparent 90 minute delay would not qualify for any delay compensation under EC261/2004.

But as others have said above, this isn't an EC261/2004 case as BA were not directly responsible for the mishap that caused your delay.
irishguy28 is offline  
Reply With Quote
Old Jul 11, 18, 3:21 pm
  #13  
FlyerTalk Evangelist
 
Join Date: Aug 2010
Location: DCA
Programs: UA US CO AA DL FL
Posts: 37,826
None of this matters now that OP has provided the facts. The length of delay does not qualify him for anything. But, he should nonetheless file a complaint with BA and might perhaps see some customer service gesture.

Had the time qualifications been met, it is BA's responsibility to provide assistance. That is especially included in EC 261/2004. BA did not provide that assistance. The fact that at LHR, the service is provided by a contractor to the airport operator does not change the application of BA's duty. \

This is not to suggest that BA cannot collect this from the contractor, but that is none of OP's concern.

This one is important because it points to a significant security flaw.
Often1 is offline  
Reply With Quote
Old Jul 11, 18, 3:36 pm
  #14  
Senior Mod and Moderator: Aegean Miles&Bonus and British Airways
 
Join Date: Jan 2009
Location: Norwich, UK
Programs: A3*G, BA Gold, BD Gold (in memoriam), IHG Spire
Posts: 5,519
Originally Posted by Often1 View Post
Had the time qualifications been met, it is BA's responsibility to provide assistance. That is especially included in EC 261/2004. BA did not provide that assistance. The fact that at LHR, the service is provided by a contractor to the airport operator does not change the application of BA's duty.
With respect, I think this is misleading. Whilst the application for assistance might be made via BA, actually the law says airlines should not provide it, it is specifically the responsibility of the airport authority.

As such, the advice from c-w-s is the one to follow.
NWIFlyer is offline  
Reply With Quote
Old Jul 11, 18, 3:38 pm
  #15  
 
Join Date: Jul 2014
Programs: Mucci de l'Arbitrage
Posts: 729
Originally Posted by Often1 View Post
This one is important because it points to a significant security flaw.
Being ?
Takiteasy is offline  
Reply With Quote

Thread Tools
Search this Thread
 
  • Ask a Question
    Get answers from community experts
Question Title:
Description:
Your question will be posted in: