UKtravelbear

It is delay on arrival that matters (difference between actual and scheduled) not departure

BA will try and allocate the total delay to (a) the mechanical issue and (b) the medical issue. You would need the delay caused bu the tech issue to be over the EU 261 limit as the medical delay would be excluded from the delay time.

If you give the date of the flight and it's in the last week or so the actual times will be on sites like flight radar.

UKtravelbear

lol no additional compensation

TBH nothing happens to BA. You could complain to the CAA who would do absolutely zilch despite being the regulator responsible for enforcing E U261.

fotographer

Thank you for the reply
will check

kingcole974

armouredant

It's eligible in that you departed from the EU, but the (root) cause of the delays that affected you might be a factor. Also, requesting a reroute can complicate matters. That said, if you're delayed at your final destination, which it sounds like you will be, I would claim EC261 compensation and see what AA say, then decide based on their response how to proceed.

kingcole974

KARFA

armouredant

Im a new user

I think that you should look at national law for that, not EU law. What happens if you don't pay your bills on time, like paying your electricity bill a month late? Usually you'd have to pay late payment fees and interest, and I'd imagine that an airline which doesn't reimburse the customer within seven days gets dinged with the same fees and interest.

bizboy

I'm after some advice on how best to proceed with a claim I'm making. Details as follows:

Date: 5th May 2019
Flight: BA208 (MIA to LHR)
Scheduled departure time: 20.40
Scheduled arrival time: 10.25 (6th May 2019)
Actual departure time: 01.24 (6th May 2019)
Actual arrival time information:
Wheels touched down: 14.15 (6th May 2019)
On the stand: 14.22 (6th May 2019)
Jet bridge attached: 14.26 (6th May 2019)

Actual delay on arrival time: 4 hours, 1 minute.

I know this is the time the jet bridge was attached as I was watching it from the upper deck while checking my iPhone which has it's time automatically synchronised.

As I disembarked from the plane, I spoke to the CSM asking for confirmation from him what time the jet bridge was attached, and he claimed "by my watch it was 5 minutes ago" approximately 2 minutes after disembarking began. It seems clear as day that BA have done this on purpose to avoid paying the full €600 pp compensation.

I've followed standard protocol and raised a case with customer relations and was pleasantly surprised with the initial response as BA didn't try and claim the delay was out of their control. They have however as expected, disappointingly tried to claim the delay was under 4 hours. They have said they will pay the reduced compensation amount of €300 pp (as per eu261 guidelines).

I've gone back to them to re-iterate that as the jet bridge wasn't attached and the door wasn't opened in time, the full compensation is payable but am sure they will just deny it.

Firstly, please can someone confirm my understanding of the delay regulation/compensation amount is correct, and should be €600 pp in this case?
And secondly, any advice on how best to proceed would be greatly appreciated.

BizBoy

KARFA

Welcome to FT!

I just want to check you mention Scheduled arrival time: 10.25 (6th May 2019) and Wheels touched down: 16.15 (6th May 2019). Isn't that already over 4 hours late regardless of how quickly you got on to the stand and the doors were open?

bizboy

Thanks KARFA,

Apologies - I had scribbled times down and on typing up in 24 hour format, made mistakes. I've editted my post above to correct the mistakes.

kingcole974

IMH

I'd be grateful for advice/pointers on the following.

Earlier this month, BA took us from FRA to JFK without any problems. However, the first flight of our return journey from IAH was cancelled after the incoming plane was damaged. BA's IAH team was very good about letting us know what was happening and also quickly arranged a hotel and bus. ^ (They must have been having a challenging day, as BA's earlier LHR-IAH-LHR rotation had also been cancelled).

As of the following morning, BA had not offered us new flights. That's not surprising, as it was a very heavy travel day on all carriers. So we made our own alternative arrangements (UA miles: IAH-ORD-FRA).

My understanding is that a plane being damaged by airport is not an extraordinary circumstance, so EC261/2004 should apply. I'm guessing that we should ask for this and a partial refund for the cancelled segments in the same message, correct?

Can anyone point me to guidance on calculating the refund due? Our receipt only shows the total price for the return journey. Thanks.

NWIFlyer

For a return ticket, just half it and let BA argue it - there really can’t be much in it. There’s no question, given the length of the delay, that you’ll be entitled to a refund under article 8.

However, in terms of compensation under article 7, this does become more difficult if you don’t actually take the delayed flight (and you need to determine if this was really a cancellation, and not just a delay). You’re probably then into arguing that the delay was long enough to count as a cancellation and that BA didn’t take all reasonable measures to get you home - leaving you no option but to make your own arrangements. You’d have to give more, pretty precise, details before anyone could even give an opinion on that. Even then, you would certainly have to go to court and I’d expect BA to defend it rather than settle - so be prepared to have to spend half a day or more in court, and that you might well lose.

If you have evidence from BA that they did actually cancel the flight then article 7 sounds like it’s in scope and you’ll have no issue with the 600 Euros.