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Old Jul 6, 2019, 1:23 pm
  #1  
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LGW - VCE Cancelled

Hi all,

(Mods feel free to move into the EC261 thread if you feel it's more appropriate).

Some family meant to be on the LGW - VCE today at 17:30 which ended up being cancelled after boarding due to, I believe, pilot illness. Not sure if BA would try and define this as "extraordinary circumstance" or not - but I guess the counter argument would be a standby pilot at a main BA base is not unreasonable? (I can see why this may not be practical in a small outstation!)

Been rebooked tomorrow onto the 1:30pm from LHR.

If I've read everything right, this is something that is claimable under EC261 as a category 1 flight for 250 euros per person? And this sum of in addition to a refund of the ticket price? It was an Avios reward booking on an Amex companion voucher, so I guess you just get the Avios return for the outward leg?

Am I right in thinking it's also then possible to claim for the following:
- The night lost in the hotel in Venice
- The cost of a taxi from home to LHR (as the re-booked flight is out of LHR and the car has to be left at LGW for the return flight) Getting a train not practical.
- The cost of a taxi/train from LGW to get home this evening

Unfortunately staff at the airport were not very well informed or helpful (as well as I imagine stressed having to re-book lots of people). The advice from BA was to go home and go to LHR tomorrow I believe.

Hoping I've got it all right - the EC261 thread is a beast!

Thanks everyone for any help and advice!
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Old Jul 6, 2019, 1:31 pm
  #2  
 
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If you are rebooked tomorrow, you won’t get a refund as well. The refund is only if you reject the rebooking.

You wont get the hotel reimbursed by BA - not the sort of consequential loss covered.

Your transport requirements do not easily fit EU261’s terms of reimbursement. If you were going direct to LHR for the flight then BA would reimburse you (and a hotel too if you overnighted there). So if your transport tonight/tomorrow is a similar cost then hopefully BA will cover it but it’s not black and white.

If it were an option, you could probably get them to switch your return to LHR (call BA) but maybe you’ve already left your car at LGW? Paying twice for parking would probably be your loss though.

Maybe they’d also push your return back a day, if you want to preserve your holiday length. Check your travel insurance on the hotel loss.
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Old Jul 6, 2019, 1:38 pm
  #3  
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Originally Posted by pauldb
If you are rebooked tomorrow, you won’t get a refund as well. The refund is only if you reject the rebooking.

You wont get the hotel reimbursed by BA - not the sort of consequential loss covered.

Your transport requirements do not easily fit EU261’s terms of reimbursement. If you were going direct to LHR for the flight then BA would reimburse you (and a hotel too if you overnighted there). So if your transport tonight/tomorrow is a similar cost then hopefully BA will cover it but it’s not black and white.

If it were an option, you could probably get them to switch your return to LHR (call BA) but maybe you’ve already left your car at LGW? Paying twice for parking would probably be your loss though.
Thanks for the reply Paul!

Completely missed the bit about consequential loss... Thanks for the reminder! I assume that any excesses on travel insurance policies etc. can't be recovered from BA as that would still count as a consequential loss?

Unfortunately can't return a day later due to working requirements etc. But a good thought for the future....

Fingers crossed RE travel... Hopefully they won't make it difficult...!
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Old Jul 6, 2019, 1:45 pm
  #4  
 
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No I don’t think they’ll cover the excess.

Correcting myself, per EU261 they owe you for the overnight: “transport between the airport and place of accommodation (hotel or other”. So hopefully that will be ok.
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Old Jul 6, 2019, 3:24 pm
  #5  
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Was there room on easyJet LGW-VCE at 20.30, if so they should’ve put you on that.
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Old Jul 6, 2019, 6:52 pm
  #6  
 
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You will get EU261 as it’s not an event beyond the airlines control to replace sick staff at a home base.

You are entitled to duty of care and transport to LHR for your onward flight.

Taxis are capped at £50 and need to be receipted. I don’t know if they would give out a voucher for the coach at LGW or taxis at LCY they do so I suspect you can’t ‘bend the truth’ and claim one taxi home.

Ive found that BA will stick to what they are legally obligated to do (ie duty of care and travel) not give you the equivalent cash amount as long as it was thereabouts the same.

To give yiu you an example I had a mishandled bag, it was coming in on the next flight which was delayed and would be too late to courier to my hotel that night and the next courier slot was in 3 days. They would have happily paid whatever it cost to buy a pair of trousers, a couple of shirts , underwear and toiletries say £75-£100 but they wouldn’t pay £35 for me to get a taxi back to the airport that night and back to my hotel again despite it being considerably cheaper than the costs they would have happily been legally obliged) and they pretty much told me that in my telephone conversation with the, subsequently.



Enjoy Venice when you get there.
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Old Jul 7, 2019, 1:02 am
  #7  
 
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Originally Posted by KeaneJohn
You are entitled to duty of care and transport to LHR for your onward flight.

Taxis are capped at £50 and need to be receipted. I don’t know if they would give out a voucher for the coach at LGW or taxis at LCY they do so I suspect you can’t ‘bend the truth’ and claim one taxi home.

Ive found that BA will stick to what they are legally obligated to do (ie duty of care and travel) not give you the equivalent cash amount as long as it was thereabouts the same.

To give yiu you an example I had a mishandled bag, it was coming in on the next flight which was delayed...
As I added above, duty of care specifically includes “transport between the airport and place of accommodation (hotel or other).” I think this should cover their taxis, particularly if they weren’t informed of their entitlement to a hotel and transfer. Perhaps not if they live much closer to LGW and could/should have got back to LGW for a coach to LHR.

In your baggage example, IMO reimbursement for essentials is their policy, not their legal obligation. The Montreal Convention makes them liable for damages: if you can demonstrate you needed to taxi back to the airport to remedy the delay, that’s what you can reclaim from BA. But you might have to push/MCOL for a remedy outside their policies.
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Old Jul 7, 2019, 1:12 am
  #8  
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Originally Posted by flyer_tom
Hi all,

(Mods feel free to move into the EC261 thread if you feel it's more appropriate).

Some family meant to be on the LGW - VCE today at 17:30 which ended up being cancelled after boarding due to, I believe, pilot illness. Not sure if BA would try and define this as "extraordinary circumstance" or not - but I guess the counter argument would be a standby pilot at a main BA base is not unreasonable? (I can see why this may not be practical in a small outstation!)

Been rebooked tomorrow onto the 1:30pm from LHR.

If I've read everything right, this is something that is claimable under EC261 as a category 1 flight for 250 euros per person? And this sum of in addition to a refund of the ticket price? It was an Avios reward booking on an Amex companion voucher, so I guess you just get the Avios return for the outward leg?

Am I right in thinking it's also then possible to claim for the following:
- The night lost in the hotel in Venice
- The cost of a taxi from home to LHR (as the re-booked flight is out of LHR and the car has to be left at LGW for the return flight) Getting a train not practical.
- The cost of a taxi/train from LGW to get home this evening

Unfortunately staff at the airport were not very well informed or helpful (as well as I imagine stressed having to re-book lots of people). The advice from BA was to go home and go to LHR tomorrow I believe.

Hoping I've got it all right - the EC261 thread is a beast!

Thanks everyone for any help and advice!


we had a similar situation phi/leg a few months ago but only 5 hour delay due to pilot illness. Tried to claim eu261 but told that as the flight was departing from an outstation it couldn’t be expected for BA to have a back up crew there, had it been from lgw it would have been different. Did try to escalate but no luck. To be fair BA flew a completely new crew out later that evening
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Old Jul 7, 2019, 6:52 am
  #9  
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Thanks for all the responses and words of advise. Sounds like as it was a main base we should be on to a winner! Hopefully taxi's also shouldn't be a problem by the sound of it, as as pauldb points out the passage relating to travel between place of accommodation.

The final piece of the puzzle is that it seems the flight they've been booked on to today, they've been put in ET as no space in CE (not sure whether this was explained when they were rebooked or not). Do you still get the downgrade compensation in this instance (it was an Avios booking)? I seem to remember that if you "accept" the offer of a downgrade instead of being asked to be rebooked on another flight then you don't, but is that only in instances of overselling/forced downgrade rather than a complete cancellation?

In this case there wasn't much alternative, apart from not go to Venice at all! (At this point even the 1:30 flight means missing nearly 24 hours of holiday!) So I would expect them to offer something... but maybe I'm wrong... However would that be treated as part of EC261 or is it a completely separate thing all together?

Thanks again all!
flyer_tom is offline  


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