EU261 – BA predicts the unpredictable
Back to Forum- This topic has 24 replies, 15 voices, and was last updated 6 Jun 2016
at 17:36 by AnthonyDunn.
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FishflyerParticipantGuidance / opinions would be welcomed …
I was contacted by BA who have cancelled a INV-LHR 22 hours in advance due to “weather”, and state that no compensation is payable under EU261 as it is due to extraordinary circumstances. BA offer a change of flight (48 hours later due to full loads) or a full refund, but no compensation.
Is it possible for BA to define extraordinary weather 22 hours in advance, despite the connecting flight from LHR still operating ?
Any views welcome … Thanks.
30 May 2016
at 20:41
LuganoPirateParticipantI’d say BA is liable but I’m no expert. Just give it to one of the claims handling companies and I’m sure they’ll sort it out.
31 May 2016
at 00:03
FDOS_UKParticipantFishflyer
I could see (admittedly rare) circumstances where BA could be off the hook, but the onus is on the airline to show why the circumstances were extraordinary, so I suggest you write a short note asking them for a full explanation of the event – just stating it is extraordinary is not acceptable.
If they do not respond within a reasonable time (say 10 days), then write again and if no further response is received, give them another 10 days and then write a ‘letter before action’ saying you will issue a moneyclaim online and it will cost them £xxxxx.
If they do rely, you can judge the response on it’s merit and, if you wish, share it here for comment.
Otherwise, LuganoPirate’s advice is good.
31 May 2016
at 06:10
ReefermanParticipantThere’s a posting on BA’s website this morning:
QUOTE
Strong winds are expected at London Heathrow on Tuesday 31 May.
We have agreed with Heathrow Airport and other airlines to slightly reduce our short-haul flight schedule in response to this.
For safety reasons Air Traffic Control has to allow greater spaces between landing aircraft in high winds and this has resulted in a reduced number of aircraft being allowed to land each hour at Heathrow.
We apologise for any difficulties caused by the poor weather and will do all we can to minimise the effect it has on our operations.
UNQUOTE
I imagine it’s related to this – although whether that lets them off the hook, I have no idea31 May 2016
at 06:58
FDOS_UKParticipantReeferman – 31/05/2016 07:58 BST
That was one of the circumstances I had in mind and it now becomes a tricky argument, since on the one hand weather is involved, but on the other it was BA’s decision to cancel thi sparticular flight, not another.
Offering an alternative +48 hours is a poor show, if I were the OP, I’d be asking for a re-routing on the same day.
31 May 2016
at 07:05
TimFitzgeraldTCParticipantThey should have offered another Scottish airport of your convenience. Leeds is often weather affected and people normally choose a Manchester reroute and sometimes Newcastle.
31 May 2016
at 21:48
BigDog.ParticipantUmm….methinks some porkies are being peddled to save compensation. Would be interested to know the loading or if there maybe some technical issues.
….Time-based separation technology has been on trial at Heathrow Airport….
…High winds are one of the most common causes of flight delays and cancellations at airports, but new technology is now to put an end to the problem.
Air traffic controllers at three of Britain’s busiest airports are to adopt a new system that can automatically adjust the landing rate of aircraft depending on the wind conditions….
31 May 2016
at 22:23
ReefermanParticipantI did try and make a follow-up post yesterday, but, being a newbie, was only allowed one post in the first 24 hours.
Anyway, yesterday, a short time after I made my post, BA was still selling the INV/LHR flight on its website for Wed – i.e. 24 hours of delay instead of 48 hours.
Very odd!1 Jun 2016
at 06:54
canuckladParticipantIt seems to me that BA is getting creakingly cunningly clever when it comes to avoiding EU261 compensation.
And sadly showing their total disdain to the regions at the same time, yet againIf their restricting flights into LHR, why lose the sole INV flight, why not ditch an EDI/GLA flight.
Why not offer Fishflyer an option to join an ABZ –LHR flight.And how high are these winds….. I’ve not heard of an impending hurricane hitting the SE !!
1 Jun 2016
at 09:47
LuganoPirateParticipantFrom what I’m reading Reeferman, it’s becoming increasingly clearer that BA are trying to avoid its obligation. However, I’m finding this is becoming more the norm not just with BA but with other European airlines as well.
Chatting to someone from BA the other week, he mentioned how unfair this compensation was and how it was a burden especially where the average price for a ticket on a given flight could be just £ 120 return, yet if they had to pay out compensation to everyone it could amount to over £150 for just the single leg, and they still had to fly them and get them home.
I could see his point but wondered if he could also see the point of the passenger who perhaps had a hotel or car booked, who might have missed a cruise, a wedding or an important business meeting. His response was rather non-committal.
I wouldn’t either bother wasting your time writing or phoning in, just hand it to a claims specialist who for a reasonable fee will do all the work for you.
1 Jun 2016
at 10:00
SimonS1ParticipantFully agree LP. Just use a claims company like Bott & Co.
Remember EU261 was only introduced as airlines can’t be trusted to treat people fairly. I think we can safely predict further legislation in the future to plug a few of the loopholes companies like BA try to exploit.
I wonder if in the future EU261 will become the new legal gravy train now that PPI is fading away. I saw in my local paper last week that there were three separate block adverts at different parts of the paper from the same company.
1 Jun 2016
at 10:06
DavidSmith2ParticipantThe response I just received from Iberia for a recent delay was as follows:
“I am writing in relation to flight IB 3825 of 11, may 2016 and would like to take this opportunity to thank you for contacting us.
Please accept my apologies for the inconvenience we might have caused you due to the flight delay. We know how important it is to our passengers that the scheduled time is observed on a trip, and make every effort to achieve this.
On this occasion your flight was late due to delays on previous stopovers that altered the day’s flight schedule. We strive to do everything we can to minimize disruptions and provide the fastest way for you to reach your destination, depending on the available alternatives. We analyse delays and cancellations every day and prepare improvement plans for these situations. Please accept my sincere apologies if the information or help we provided was not satisfactory.
Depending on the infrastructure and operation of each airport, the airlines and airport authorities establish minimum times to guarantee the connections of passengers and their luggage.
When these times are shortened and the connection proves infeasible, we provide them with the quickest way to reach their destination, depending on the availability of alternative flights.
On this occasion, the aircraft that was to fly this route arrived late due to an extraordinary circumstance that affected the schedules, which led to your originating flight being delayed. As it was an event outside our responsibility, European Community Regulations establishes that no compensation is due.
Thank you again for contacting us. Your assistance allows us to improve our service. We hope we continue to enjoy your trust.
Sincerely,”
So 5 paragraphs of blah blah, then a statement that the late arrival (and departure) of my flight was due to exceptional circumstances. No indication of what those circumstances were and no reply option for the email to follow up. So basically they seem prepared to lie through their teeth in the hope you will let it drop.
1 Jun 2016
at 10:14 -
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