Compensation, compensation...
#107
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The material evidence we have thus far is:
- Flight cancellation: BA2938 scheduled departure 12:15 LGW-EDI
- Passengers rebooked onto the later BA2938, with scheduled departure 14:55
- BA2938 departed LGW at 15:24
Add to this anecdotal information
At 07:00, we can deduce seats were available for sale on the 0930 flight to EDI as poggs and family were invited to upsell their restricted ticket if they wished to move onto this earlier flight. Had BA staff known of an impending technical fault, one would assume they would have been beckoning pax onto the 09:30 flight. Apparently, this did not happen, so one can read at face value BA did not foresee a problem at this time.
At 11:55 BA announced the cancellation of the 2938. If the gate crew were correct in saying the aircraft allocated for EDI had at the eleventh hour been switched to cover a now inoperable aircraft allocated for the MAN, then again on face value this leads me to believe the problem was not a foreseen one. Should a judge request details on what caused the cancellation, I would think this question would be a relatively simple one for BA to answer. I believe under the conditions of the EU directive, the responsibility is placed on the operator to demonstrate sound reasons why it considered the circumstances extraordinary so I expect this would be a robust reply.
I do sympathise with poggs and family. After waiting out a 6 hour connection, then to be informed you need to wait a further 2hr 35mins would make my heart sink. So poggs, I ask of you, upon objective review of the events you experienced, the information you are now in possession of relating to what caused the cancellation, is a day in court really going to give you closure?
#108
Join Date: Feb 2008
Posts: 1,922
The wheels do grind slowly but I'd question whether this particular vehicle should ever have set off in the first place.
The material evidence we have thus far is:
Add to this anecdotal information
At 07:00, we can deduce seats were available for sale on the 0930 flight to EDI as poggs and family were invited to upsell their restricted ticket if they wished to move onto this earlier flight. Had BA staff known of an impending technical fault, one would assume they would have been beckoning pax onto the 09:30 flight. Apparently, this did not happen, so one can read at face value BA did not foresee a problem at this time.
At 11:55 BA announced the cancellation of the 2938. If the gate crew were correct in saying the aircraft allocated for EDI had at the eleventh hour been switched to cover a now inoperable aircraft allocated for the MAN, then again on face value this leads me to believe the problem was not a foreseen one. Should a judge request details on what caused the cancellation, I would think this question would be a relatively simple one for BA to answer. I believe under the conditions of the EU directive, the responsibility is placed on the operator to demonstrate sound reasons why it considered the circumstances extraordinary so I expect this would be a robust reply.
I do sympathise with poggs and family. After waiting out a 6 hour connection, then to be informed you need to wait a further 2hr 35mins would make my heart sink. So poggs, I ask of you, upon objective review of the events you experienced, the information you are now in possession of relating to what caused the cancellation, is a day in court really going to give you closure?
The material evidence we have thus far is:
- Flight cancellation: BA2938 scheduled departure 12:15 LGW-EDI
- Passengers rebooked onto the later BA2938, with scheduled departure 14:55
- BA2938 departed LGW at 15:24
Add to this anecdotal information
At 07:00, we can deduce seats were available for sale on the 0930 flight to EDI as poggs and family were invited to upsell their restricted ticket if they wished to move onto this earlier flight. Had BA staff known of an impending technical fault, one would assume they would have been beckoning pax onto the 09:30 flight. Apparently, this did not happen, so one can read at face value BA did not foresee a problem at this time.
At 11:55 BA announced the cancellation of the 2938. If the gate crew were correct in saying the aircraft allocated for EDI had at the eleventh hour been switched to cover a now inoperable aircraft allocated for the MAN, then again on face value this leads me to believe the problem was not a foreseen one. Should a judge request details on what caused the cancellation, I would think this question would be a relatively simple one for BA to answer. I believe under the conditions of the EU directive, the responsibility is placed on the operator to demonstrate sound reasons why it considered the circumstances extraordinary so I expect this would be a robust reply.
I do sympathise with poggs and family. After waiting out a 6 hour connection, then to be informed you need to wait a further 2hr 35mins would make my heart sink. So poggs, I ask of you, upon objective review of the events you experienced, the information you are now in possession of relating to what caused the cancellation, is a day in court really going to give you closure?
I don't see BA's defence in that situation. In fact this would be one of the scenarios that probably prompted the EU Regs - BA made a commercial decision.
#109
Join Date: Oct 2009
Posts: 1,024
Companies factor compensation into P & L. Therefore if you are due something you should take it.
Companies pay alot to attract a new customer and once they have you they do not want to loose you. Therefore they are willing to give back less than what it takes to attract a new customer. They prefer net gain than net loss.
If you ask you could be amazed at what you get!!
Companies pay alot to attract a new customer and once they have you they do not want to loose you. Therefore they are willing to give back less than what it takes to attract a new customer. They prefer net gain than net loss.
If you ask you could be amazed at what you get!!
#110
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A good summary except the part about the cancellation. The EDI flight appears cancelled due to a MAN one going tech. .
I don't see BA's defence in that situation. In fact this would be one of the scenarios that probably prompted the EU Regs - BA made a commercial decision.
I don't see BA's defence in that situation. In fact this would be one of the scenarios that probably prompted the EU Regs - BA made a commercial decision.
#111
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#112
Join Date: Feb 2008
Posts: 1,922
We could explore scenarios but say that there were 6 Prems. travelling up to MAN for a conference. Do you think it right to pull the EDI one ?
#113
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We could and all night long too. Add to the list of possible scenarios perishable cargo, loads on the return flight.......
#114



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The reason why...
I believe the reason why it has gotten so bad about people asking for compensation is because of the way airlines treat their customers with regards to charging them for every little thing, whether it is food or luggage or change fees (sometimes the change fee on a discounted long haul business class ticket is 100% of the fare, I learned this the difficult way).
When the airlines become completely inflexible to most passengers, and they've paid what seems like a gouging fee for an extra, the passengers are ready to return the favor to the airline and charge them a fee for each mistake they make.
That's my take at least... when an airline treats me like a loyal customer, I'm much more willing to overlook reductions to my quality of service, but when they gouge me for every little thing, I'm a lot less tolerant.
When the airlines become completely inflexible to most passengers, and they've paid what seems like a gouging fee for an extra, the passengers are ready to return the favor to the airline and charge them a fee for each mistake they make.
That's my take at least... when an airline treats me like a loyal customer, I'm much more willing to overlook reductions to my quality of service, but when they gouge me for every little thing, I'm a lot less tolerant.
#115
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A MAN flight cancellation would be due to the plane going tech - extraordinary circumstances. But the EDI plane didn't go tech - it was swiped to fly LGW-MAN. That's as much a BA management decision as the management deciding that pax A should be allowed to board and pax B should be IDB'd. Why cancel the EDI flight? Why not the GLA one? Or the CDG one? Or the TAB one? Because it's likely easiest for BA to do that. And that manipulating cancellations - instead of them being down to happenstance - is what moves it from extraordinary circumstance to commercial cancellation. It was commercially good for BA to cancel EDI over MAN or any other flight that day - comp is owed. Those pax have been inconvenienced for a commercial decision of BA. That's the very essence of the EU regs.
#116
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It's because BA have made the decision to cancel the EDI flight, inconveniencing the EDI pax and use the plane on the MAN flight (if the comment was correct).
A MAN flight cancellation would be due to the plane going tech - extraordinary circumstances. But the EDI plane didn't go tech - it was swiped to fly LGW-MAN. That's as much a BA management decision as the management deciding that pax A should be allowed to board and pax B should be IDB'd. Why cancel the EDI flight? Why not the GLA one? Or the CDG one? Or the TAB one? Because it's likely easiest for BA to do that. And that manipulating cancellations - instead of them being down to happenstance - is what moves it from extraordinary circumstance to commercial cancellation. It was commercially good for BA to cancel EDI over MAN or any other flight that day - comp is owed. Those pax have been inconvenienced for a commercial decision of BA. That's the very essence of the EU regs.
A MAN flight cancellation would be due to the plane going tech - extraordinary circumstances. But the EDI plane didn't go tech - it was swiped to fly LGW-MAN. That's as much a BA management decision as the management deciding that pax A should be allowed to board and pax B should be IDB'd. Why cancel the EDI flight? Why not the GLA one? Or the CDG one? Or the TAB one? Because it's likely easiest for BA to do that. And that manipulating cancellations - instead of them being down to happenstance - is what moves it from extraordinary circumstance to commercial cancellation. It was commercially good for BA to cancel EDI over MAN or any other flight that day - comp is owed. Those pax have been inconvenienced for a commercial decision of BA. That's the very essence of the EU regs.
Is there any detail in the EU Directive or subsequent legal precedence that confirms the reclassification of cause you suggest?
#117
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EU judges have ruled that airlines cannot use technical malfunctions, arising from routine operations, as an excuse to avoid paying compensation to passengers whose flights are cancelled.
More here:
Specific Ruling:
In its judgment of today, the Court finds that in the light of the specific conditions in which carriage by air takes place and the degree of technological sophistication of aircraft, air carriers are confronted as a matter of course in the exercise of their activity with various technical problems to which the operation of those aircraft inevitably gives rise. The resolution of a technical problem caused by failure to maintain an aircraft must therefore be regarded as inherent in the normal exercise of an air carriers activity. Consequently, technical problems which come to light during maintenance of aircraft or on account of failure to carry out such maintenance do not constitute, in themselves, extraordinary circumstances.
However, it is not ruled out that technical problems are covered by exceptional circumstances to the extent that they stem from events which are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. That would be the case, for example, in the situation where it was revealed by the manufacturer of the aircraft comprising the fleet of the air carrier concerned, or by a competent authority, that those aircraft, although already in service, are affected by a hidden manufacturing defect which impinges on flight safety. The same would hold for damage to aircraft caused by acts of sabotage or terrorism.
The Court states that, since not all extraordinary circumstances confer exemption, the onus is on the party seeking to rely on them to establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight. The fact that an air carrier has complied with the minimum rules on maintenance of an aircraft cannot in itself suffice to establish that that carrier has taken all reasonable measures so that it is relieved of its obligation to pay compensation.
However, it is not ruled out that technical problems are covered by exceptional circumstances to the extent that they stem from events which are not inherent in the normal exercise of the activity of the air carrier concerned and are beyond its actual control. That would be the case, for example, in the situation where it was revealed by the manufacturer of the aircraft comprising the fleet of the air carrier concerned, or by a competent authority, that those aircraft, although already in service, are affected by a hidden manufacturing defect which impinges on flight safety. The same would hold for damage to aircraft caused by acts of sabotage or terrorism.
The Court states that, since not all extraordinary circumstances confer exemption, the onus is on the party seeking to rely on them to establish that, even if it had deployed all its resources in terms of staff or equipment and the financial means at its disposal, it would clearly not have been able unless it had made intolerable sacrifices in the light of the capacities of its undertaking at the relevant time to prevent the extraordinary circumstances with which it was confronted from leading to the cancellation of the flight. The fact that an air carrier has complied with the minimum rules on maintenance of an aircraft cannot in itself suffice to establish that that carrier has taken all reasonable measures so that it is relieved of its obligation to pay compensation.
Last edited by serfty; Aug 4, 2010 at 5:05 pm
#118
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In post 31, poggs says 'My wife is still upset by the whole fiasco, demanding that BA be held to account for her distress....' - it seems a long time to hold on to a matter that whilst unpleasant at the time did have an ultimately happy ending, that of the poggs family travelling back to EDI safely.
And I wonder how much time and energy someone might devote to the matter? Let's say 100 hours, perhaps 150. Let's say a person's time is worth 20 an hour, plus or minus a fiver an hour. That's a substantial sum that could have been earned at work or almost a week spent on a quarrel with an airline that could have been spent with family or friends.
Everyone has the right to choose how they spend their time, and certainly if no one ever made a complaint and suggested ways to improve matters then changes for the better might not be implemented.
But there are occasions when one has to bow out and say my life / time is worth more than the effort made here and this is a battle I no longer want.
Last edited by Trav+; Aug 4, 2010 at 10:21 pm
#119
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#120
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I'm still puzzled by this concept of morality.
Entitlement to compensation is derived from the regulations governing air transport in the EU, not a moral code. The system was set up to encourage airlines to better serve their customers. The idea is that modest fines, the compensation payments, will focus the minds of airline managers on ensuring customers' needs are met.
Not to proceed with a claim dilutes the impact of the regulation, thus weakening the effect of a provision aimed at improving public service.
Acting against "the public good" in this way puts the perpetrator on the wrong side of the angels, certainly on a slippery slope if you are seeking moral high-ground.
Entitlement to compensation is derived from the regulations governing air transport in the EU, not a moral code. The system was set up to encourage airlines to better serve their customers. The idea is that modest fines, the compensation payments, will focus the minds of airline managers on ensuring customers' needs are met.
Not to proceed with a claim dilutes the impact of the regulation, thus weakening the effect of a provision aimed at improving public service.
Acting against "the public good" in this way puts the perpetrator on the wrong side of the angels, certainly on a slippery slope if you are seeking moral high-ground.


