palmanfr

Brilliant arguments c-w-s ! I did not think of some of those arguments in my draft reply... Thank you very much !
I will keep this forum posted of any decision.

Ted51

Have had a dialog with BA, latest reply saying they wont reply to me anymore and suggesting CEDR, which I will be doing in the next few days.

Doing a little research on "TheBAsource", I'm assuming if a flight doesnt appear in the Flight Tracker or Route Tracker it didnt go, presumably cancelled. Looking at the LHR-EWR route, which is the one I was cancelled on, there have been 12 cancelled flights in July-September. There are two daily flights on this route plus numerous flights to JFK. I checked at random the routes to Calgary (BA103), Chennai (BA35), Pittsburgh (BA171) and Rio (BA249) all of which have only one flight per day served by B787 and strangely there has not been one cancellation on these routes over the same three month period.

Would seem to me that BA are scheduling aircraft such that they only ever cancel on a route with multiple flights which certainly does make these "extraordinary circumstances"!

Herts81

Update - BA have responded today to day the claim is approved and so €250 each (Ł equivalent) is due.

Thanks again for all your help!

luvadealme

Dear all, I just received my BA response. My flight arrived exactly 3 hours after original intended time, as confirmed by them (180 mins Total Delay). However they claim 178 minutes is technical fault while 2 mins is due to 'lost time in the air' to quote their response 'Weather factors such as wind speed are outside of our control and therefore we are not liable to pay EU compensation in this case.'

I cannot remember any adverse weather the day of our flight, and to be honest, they could have put their foot down and flown a bit faster to make up time.

It does not seem to be an extreme enough event in my mind, am trying to claim the 250€ compensation and also I had to purchase another return flight (with them), as I was unable to get back in a timely manner for my original inbound leg (as I arrived 3 hrs late to start with!) - they have offered to refund the original unused leg, but I believe it is not compensation enough....

Should I push back here?

Herts81

potentially push back I’d say - see CWS’ really helpful response to my query re a delay of exactly 3 hours. Make the point that by the time the doors opened, it was 3hours-plus-a-few-minutes, taking the compensation-liable delay to 3 hours+.

13901

I’m not a lawyer, but one counter argument to your point b) would be, from BA’s point of view, “if we hadn’t been this scrupulous with safety then we could’ve glossed over faults and dispatched faulty aircrafts, but we’re safety first and so we’d rather use our spares”. Having said that, depending on the problems, one could argue that some faults are not BA’s. Bird strikes, lightning strikes, planes being damaged by ground staff at outstations just to name a few. In my experience the latter two are fairly common, with the latter being endemic especially in those outstations handled by Aviapartner... but I digress.

Your point a) is interesting. 6 frames on a day, for a fleet of approx. 140, is more or less 5%. I don’t think there’s a mandatory minimum set legally, or an industry-recognised average. Perhaps there ought to, but in this case it should apply to trains and other industries too? (I’ve recently taken to commuting on Overground and I’ve just learned that a train could be “on time” but not have stopped at half its stations, which is hilarious...).

FlyerTalker39574

Would a lawyer know about principal-agent relationships? I’d hope so.

13901

The point I was trying to make here is not that somebody carelessly bumping into their planes excuses BA from EC261. I have my feeling about EC261 being applied to tech delays, which I fear can lead to unsafe conduct, but that's not the case. A plane damaged by somebody is still EC261-kosher, regardless of the tabard worn by the fella who damages it.

What I was trying to say, instead, is that - in the context of a dwindling reserve of standby planes - there are factors outside of BA's control. Being damaged by a third party is, in my opinion, one of those.

FlyerTalker39574

IANAL. Is a ground handling agent who BA have a contract with a third party?

UKtravelbear

No they are regarded as being within BAs control and so damaged caused by them when working for BA is not an extra ordinary circumstances.

FlyerTalker39574

Thanks for the clarification.

alex67500

I mean... What? Who in their right mind wouldn't call B... on this one?

TTmex

Hi,

I've just become aware I may be eligible for copensation for a delay back in 2016. At the time I had no idea, but talking with a friend today, I mentioned how we'd waited hours for a delayed flight due to technical reasons.

Is there somewhere where I kind find historical flight information, particularly arrival times from that far back? It was an Iberia flight

Thanks in advance.

caz312

If you know your date of travel, flight number or route and departure time, you should be able to put your details into the free checkers EUClaim or bottonline to check they both say compensation due then contact Iberia

DYKWIA

"Wind speed out of our control"

If there had been a hurricane, then maybe...

Definitely go to CEDR with this one...