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Old Aug 28, 2019, 6:17 am
  #1  
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BA Compensation

Three months ago my Emirates flight from MAN to DBX was delayed for 18 hours due to a tech fault. Emirates put me up in accommodation and then paid out the customary £540 within 10 days.

Two weeks ago my flight in to LHR was late hence I missed my connection to Doha. BA paid for accommodation and got me on a flight the next day (13hrs later). I claimed on their website and got an automated reply and since then have heard nothing. Just to put the icing on the cake my luggage was stuck in LHR for another 2 days prior to them .sending it out.

Anyone on the forum got advice on how I can take my claim to the next level as by law I am led to believe they need to compensate me the £540 similar to Emirates?

thanks
Hitman
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Old Aug 28, 2019, 6:22 am
  #2  
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Originally Posted by Hitman09
Three months ago my Emirates flight from MAN to DBX was delayed for 18 hours due to a tech fault. Emirates put me up in accommodation and then paid out the customary £540 within 10 days.

Two weeks ago my flight in to LHR was late hence I missed my connection to Doha. BA paid for accommodation and got me on a flight the next day (13hrs later). I claimed on their website and got an automated reply and since then have heard nothing. Just to put the icing on the cake my luggage was stuck in LHR for another 2 days prior to them .sending it out.

Anyone on the forum got advice on how I can take my claim to the next level as by law I am led to believe they need to compensate me the £540 similar to Emirates?
Why was the flight delayed? If because of weather, then no compensation is due.

See here for further information :-

The 2019 BA compensation thread: Your guide to Regulation EC261/2004
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Old Aug 28, 2019, 6:22 am
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Given the recent IT and strike issues BA customer services are quite overwhelmed. I would give them a little more time to respond before escalating.

Courts generally take a dim view on people to failing to make adequate efforts to resolve a dispute through other means before going down the legal route
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Old Aug 28, 2019, 6:26 am
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Would be worth a call once the volumes drop because of the strike to determine where the claim is. I'd try and escalate through the call centre and web form / twitter several times before moving to CEDR/MCOL.

Also, due to drop in GBP; the 600EUR is now worth about £545.... hmrf
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Old Aug 28, 2019, 6:38 am
  #5  
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Originally Posted by Hitman09
Three months ago my Emirates flight from MAN to DBX was delayed for 18 hours due to a tech fault. Emirates put me up in accommodation and then paid out the customary £540 within 10 days.

Two weeks ago my flight in to LHR was late hence I missed my connection to Doha. BA paid for accommodation and got me on a flight the next day (13hrs later). I claimed on their website and got an automated reply and since then have heard nothing. Just to put the icing on the cake my luggage was stuck in LHR for another 2 days prior to them .sending it out.

Anyone on the forum got advice on how I can take my claim to the next level as by law I am led to believe they need to compensate me the £540 similar to Emirates?

thanks
Hitman
I assume this was all one ticket/PNR but what was your origin? Were all segments marketed and operated by BA? If your delayed flight to LHR started outside of the EU, different rules might apply.
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Old Aug 28, 2019, 7:53 am
  #6  
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What does EK have to do with this?

OP really needs to provide relevant specifics:
1. What was the routing of the flight with the delay? Please include scheduled timings.
2. What was the reroute and the timings?
3. What does BA have to do with this?

"Escalate" to whom?
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Old Aug 28, 2019, 8:06 am
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Originally Posted by Often1
What does EK have to do with this?
Think OP is merely making reference that dealings with EK were seemingly better than with BA
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Old Aug 28, 2019, 8:12 am
  #8  
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Originally Posted by Often1
What does EK have to do with this?

OP really needs to provide relevant specifics:
1. What was the routing of the flight with the delay? Please include scheduled timings.
2. What was the reroute and the timings?
3. What does BA have to do with this?

"Escalate" to whom?
I think we can get a pretty accurate answer by taking some time to rake through the post ...

We know the OP had a connection on a xxx-LHR-DOH itinerary.

From a previous flight from Manchester with EK, we get a good idea of the OP’s starting point, and for the purposes of this it’s not really relevant anyway.

So, I think we might reasonably conclude that the OP was routing MAN-LHR-DOH, or possibly LBA-LHR-DOA, and that the flight from either Manchester or Leeds was delayed, causing the misconduct. We’ve been told the result was a 13 hour delay to final destination.

QED

What is more relevant is the reason for the delay, and whether it would give BA an exemption from EC261 delay compensation.
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Old Aug 29, 2019, 7:31 am
  #9  
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I was using Emirates as an example to what happened a few months back

Flight was all 1 ticket. ABZ-LHR-Doha-KUL

The flight from Aberdeen to LHR was late in departing due to it arriving late into Aberdeen. It was then held circling at LHR for 40 mins before being allowed to land.
When I got to terminal 4 which was another carry on as I had to be bussed from 5 to 2 to 4 the flight to Doha was closed.
The Guy from Qatar then got me on the MAS flight to KUL departing 11am the following day however I had to go back to terminal 5 and talk to BA for accommodation which they provided without an issue as their delayed flight had caused the problem.
However they then lost my luggage which turned up another 2 days later (3 if you take in time difference).
As BA provided me with accommodation this would then mean they are liable for compensation I would think.
Or am I picking this up wrong?

Last edited by Hitman09; Aug 29, 2019 at 7:39 am
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Old Aug 29, 2019, 7:45 am
  #10  
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Originally Posted by Hitman09
The flight from Aberdeen to LHR was late in departing due to it arriving late into Aberdeen. It was then held circling at LHR for 40 mins before being allowed to land.
The key questions are why was the LHR-ABZ flight late, and why was the ABZ-LHR flight held before landing? If (for example) this was all due to bad weather that day, then there will be no cash compensation.
Originally Posted by Hitman09
As BA provided me with accommodation this would then mean they are liable for compensation I would think.
This doesn't follow. The duty of care always applies, even in situations in which cash compensation is not payable (eg weather delays).

There's lots more information and help here: The 2019 BA compensation thread: Your guide to Regulation EC261/2004
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Old Aug 29, 2019, 8:00 am
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Originally Posted by Hitman09
The flight from Aberdeen to LHR was late in departing due to it arriving late into Aberdeen. It was then held circling at LHR for 40 mins before being allowed to land.
If the plane was circling for 40 minutes then I think BA could successfully argue that the delay to your flight, and subsequent very late arrival at your destination, were due to air traffic (ATC) delays and therefore outside their control. It would be useful to know why the first plane was late in arriving at ABZ, and how much further delay was then caused by having to hold at LHR.

As Globaliser has already said, BA has a duty of care regardless of the cause of the delay, and the fact that they put you up in a hotel is not an admission of culpability.
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Old Aug 29, 2019, 8:12 am
  #12  
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Holding for 40 minutes to LHR is extremely unusual and frankly would indicate some sort of very significant disruption if correct. Usually there is a lot of ground holding at the outstation if expected hold times at LHR are likely to be anywhere close to this.

What date was the ABZ-LHR flight? I note two weeks ago would put this around 12-16 August. I think there were some days with significant weather delays that week although can't remember the exact details. Had a quick search and found this thread

LHR delays... [12 Aug weather]
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Old Aug 29, 2019, 8:46 am
  #13  
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There was no weather issue.

The date was Sunday August 11th - beautiful day.

I arrived in ABZ and the woman when I checked in quoted your flight will be 45 mins delay in departing however this turned into 1 hour as the incoming flight fto Aberdeen from LHR is late - apparently this seems to be a common occurrence but I cannot clarify that it was only mentioned by regulars who use this flight out of Aberdeen to LHR

We got in to the LHR holding pattern at 20:20, finally landing 20:50 and then bussed to terminal 5 arriving there 21:00. My Qatar flight had the gate close at 21:55.

Anyway I shall give them a few more weeks before I use one of these companies I see online to fight my case

Thanks for the advice
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Old Aug 29, 2019, 9:14 am
  #14  
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Thanks for the details. So this was presumably BA1315 scheduled 1830d 2005a, actual 1920d 2049a. That really does look like a very significant (and unusually long) holding. I am afraid after a bit of searching I can't find out why.

https://www.flightradar24.com/data/f...a1315#21a7ed5a

The aircraft was only 10 or so minutes late getting in to LHR on the previous rotation from SPU that afternoon, but the northbound service to ABZ was delayed departing by 1.5 hours, and arrived in to ABZ about 1 hour late.

I am afraid I can't see why the departure for ABZ was delayed.

There did seem to be a significant amount of wind and storm activity at LHR that afternoon from about 4pm onwards, but I have no idea whether that was related to your delay (apologies for the details below but I thought I would copy it in for reference)

EGLL 111220Z AUTO 24015KT 9999 FEW039 22/11 Q1011
EGLL 111250Z AUTO 24017KT 9999 FEW038 22/11 Q1010
EGLL 111320Z AUTO 22017KT 9999 FEW041 22/11 Q1010
EGLL 111350Z AUTO 23017KT 9999 FEW042 22/11 Q1010
EGLL 111420Z AUTO 22016KT 9999 NCD 21/12 Q1010
EGLL 111450Z AUTO 23015G27KT 9999 NCD 22/12 Q1010
EGLL 111520Z AUTO 22017KT 9999 //////CB 22/11 Q1010 TEMPO SHRA=
EGLL 111550Z 22016KT 9999 FEW025CB 22/12 Q1010 TEMPO SHRA=
EGLL 111620Z 23016G26KT 190V260 9999 FEW025CB 21/12 Q1010 TEMPO SHRA=
EGLL 111650Z 22017KT 9999 FEW030TCU SCT045 21/12 Q1010 TEMPO SHRA=
EGLL 111720Z 23015KT 9999 7000SW -SHRA FEW030CB SCT035 BKN045 21/13 Q1011 TEMPO SHRA=
EGLL 111750Z AUTO 25013KT 9999 FEW036/// SCT047/////////CB 20/14 Q1011 TEMPO SHRA=
EGLL 111820Z AUTO 25013KT 9999 //////CB 20/11 Q1011 TEMPO SHRA=
EGLL 111850Z AUTO 25012KT 9999 FEW042/// //////CB 19/11 Q1012 TEMPO SHRA=
EGLL 111920Z AUTO 25013KT 9999 SCT047 18/12 Q1012 TEMPO SHRA=
EGLL 111950Z AUTO 24010KT 9999 //////CB 18/12 Q1012 TEMPO SHRA=
EGLL 112020Z AUTO 24009KT 9999 SCT041 BKN049 18/12 Q1013 NOSIG=
EGLL 112050Z AUTO 25011KT 9999 FEW045 18/12 Q1013
EGLL 112120Z AUTO 25009KT 9999 NCD 17/12 Q1013 TEMPO SHRA=
EGLL 112150Z AUTO 25010KT 9999 NCD 17/12 Q1013 TEMPO SHRA=
EGLL 111652Z 1118/1224 22012KT 9999 SCT030
PROB30 TEMPO 1118/1120 23015G25KT 3500 +TSRA
BECMG 1200/1203 29008KT
PROB30 TEMPO 1204/1213 7000 SHRA=

TAF AMD EGLL 112155Z 1121/1224 23010KT 9999 FEW030
PROB30 TEMPO 1121/1211 7000 SHRA
BECMG 1200/1203 29005KT
PROB30 TEMPO 1211/1217 3500 +SHRA=
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Old Aug 29, 2019, 9:22 am
  #15  
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In any event, had the aircraft been cleared to land rather than held, OP would likely have made his onwards flight. The decision to clear the flight is made by ATC and one must presume was for some good reason, is beyond BA's control and is clearly in the realm of the "extraordinary circumstance."

In that light, it should not matter why the aircraft was delayed into ABZ amd thus delayed on OP's flight.

BA would, as the operating carrier of the flight in question, is responsible in all circumstances for a duty of care and rebooking.

Doubtful OP obtains any compensation here.
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