EU Compensation
Jul 1, 2005, 8:49 am
#1
Original Poster
Join Date: Mar 2004
Location: London, UK
Posts: 5,105
EU Compensation
Has anyone been lucky 
enough to get the new EU compensation out of BA yet for delays, bumping or cancellation? Was it easy to get or, more likely, did you have to threaten to sue before they coughed up?
enough to get the new EU compensation out of BA yet for delays, bumping or cancellation? Was it easy to get or, more likely, did you have to threaten to sue before they coughed up?
Jul 1, 2005, 5:32 pm
#3
Join Date: Feb 2004
Location: Caerdydd
Posts: 1,987
Just read your post having returned from a short holiday.
I am on the case of a delay which BA are trying to avoid paying out on...their most recent response...their second attempt...claims that technical problems with the aircraft meant that the delay was outwith their control.
If they think I am going to give up they are SERIOUSLY mistaken!
I am on the case of a delay which BA are trying to avoid paying out on...their most recent response...their second attempt...claims that technical problems with the aircraft meant that the delay was outwith their control.
If they think I am going to give up they are SERIOUSLY mistaken!
Jul 1, 2005, 5:41 pm
#4
FlyerTalk Evangelist
Join Date: Feb 2000
Location: London, UK and Southern France
Posts: 18,364
Sometimes you just wonder. Their interpretation suggests that they will only consider themselves bound to pay compensation if they cancel a flight just for the fun of it, without reason 
Whether it is outwith their control is irrelevant. They need to show that 'the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken'.
An aircraft going tech is an 'extraordinary circumstance'? Don't think so.
Whether it is outwith their control is irrelevant. They need to show that 'the cancellation is caused by extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken'.
An aircraft going tech is an 'extraordinary circumstance'? Don't think so.
Jul 2, 2005, 2:22 am
#6
Original Poster
Join Date: Mar 2004
Location: London, UK
Posts: 5,105
Originally Posted by JimmyTheJock
Just read your post having returned from a short holiday.
I am on the case of a delay which BA are trying to avoid paying out on...their most recent response...their second attempt...claims that technical problems with the aircraft meant that the delay was outwith their control.
If they think I am going to give up they are SERIOUSLY mistaken!
I am on the case of a delay which BA are trying to avoid paying out on...their most recent response...their second attempt...claims that technical problems with the aircraft meant that the delay was outwith their control.
If they think I am going to give up they are SERIOUSLY mistaken!
Jul 2, 2005, 3:11 am
#7
Join Date: May 2005
Location: UK
Programs: BAEC (Gold), Hilton (Gold)
Posts: 4,168
Small Claims Court.
It never ceases to amaze me how few people are either aware of, or willing to use, the SCC procedure.
The maximum limit for a claim is now £5000 (England/Wales only) and it's very easy and designed for non-legal people to use. The judge is not interested in complex legal arguments, all s/he is interested in is what a 'reasonable person' would have done under your particular circumstances.
I've used the SCC to get a few scalps over the years including Kensington and Chelsea Council for towing my car away (that cost them over £500 by the time I'd finished with them) and Dixons for failing to honour an on-site warranty on a large telly (they refunded all my money, took the telly away and gave me £200 compensation).
In each case these organisations sent along some high-faluting barrister/solicitor and in each case the judge shot them down on my behalf and TOLD them to speak in plain english so I could understand.
In my experience, the moment the summons is issued you get exactly what you want. I now have a simple rule for complaints - 2 telephone calls, 2 letters and 6 weeks. If I've not got anywhere in this time then it's SCC...
(yes, I'm a bolshy git !)
It never ceases to amaze me how few people are either aware of, or willing to use, the SCC procedure.
The maximum limit for a claim is now £5000 (England/Wales only) and it's very easy and designed for non-legal people to use. The judge is not interested in complex legal arguments, all s/he is interested in is what a 'reasonable person' would have done under your particular circumstances.
I've used the SCC to get a few scalps over the years including Kensington and Chelsea Council for towing my car away (that cost them over £500 by the time I'd finished with them) and Dixons for failing to honour an on-site warranty on a large telly (they refunded all my money, took the telly away and gave me £200 compensation).
In each case these organisations sent along some high-faluting barrister/solicitor and in each case the judge shot them down on my behalf and TOLD them to speak in plain english so I could understand.
In my experience, the moment the summons is issued you get exactly what you want. I now have a simple rule for complaints - 2 telephone calls, 2 letters and 6 weeks. If I've not got anywhere in this time then it's SCC...
(yes, I'm a bolshy git !)
Jul 2, 2005, 3:47 am
#8
FlyerTalk Evangelist
Join Date: Feb 2000
Location: London, UK and Southern France
Posts: 18,364
It is not a bad idea to complain to the relevant national regulator (in the UK: the Consumer Protection Group of the CAA) and the EU Commission (phone, fax and, e-mail and postal address here) until the airlines start to take these obligations seriously.
Jul 2, 2005, 3:58 am
#9
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Originally Posted by NickB
It is not a bad idea to complain to the relevant national regulator (in the UK: the Consumer Protection Group of the CAA) and the EU Commission (phone, fax and, e-mail and postal address here) until the airlines start to take these obligations seriously.
Jul 2, 2005, 4:01 am
#10
Join Date: May 2005
Location: UK
Programs: BAEC (Gold), Hilton (Gold)
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Originally Posted by GUWonder
BA is not the only one playing games here. KLM told me that they did not receive my 5 faxes on a cancelled flight compensation matter. Only when I had the documents faxed over from a Swedish courthouse did they seem to get the point.
Jul 2, 2005, 5:28 am
#11
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Originally Posted by BAHumbug
The advantage of a fax, of course, is that you can PROVE that someone received a fax by retaining the transmission report. The attitude of courts (at least in the UK) is that if you have a transmission report showing receipt of the fax, then it's the recipients problem if they claim not to have it...
Jul 2, 2005, 10:35 am
#12
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Originally Posted by JimmyTheJock
Just read your post having returned from a short holiday.
I am on the case of a delay which BA are trying to avoid paying out on...their most recent response...their second attempt...claims that technical problems with the aircraft meant that the delay was outwith their control.
If they think I am going to give up they are SERIOUSLY mistaken!
I am on the case of a delay which BA are trying to avoid paying out on...their most recent response...their second attempt...claims that technical problems with the aircraft meant that the delay was outwith their control.
If they think I am going to give up they are SERIOUSLY mistaken!
Every airline has to maintain their aircraft that this not happens.
outwith their control is : bad weather, airport closed, walkout , attacks ....