BA Have Crystal Balls

Back to Forum

Tagged: 

This topic contains 18 replies, has 11 voices, and was last updated by  FDOS_UK 27 Jul 2017
at 14:36
.

Viewing 15 posts - 1 through 15 (of 19 total)

  • ontherunhome
    Participant

    Sorry to have another rant at BA, but seeking some experience with a cancellation.

    I was in Basel, and had a text over 30 hours before my flight saying it was cancelled, no reason, and that i would be booked onto an earlier one. This was very inconvenient, as i had to rush my work, rush to airport etc. I could not take a later flight as had further flights the next morning.

    I put in a claim for EU compensation, and have just had a call from BA customer relations, saying they could not pay due to weather.They could operate the earlier flight, the weather was fine at LHR when i landed.

    Can they claim weather 30 hours in advance, as an excuse?

    Any advice before i claim through small claims court?

    Thanks


    FDOS_UK
    Participant

    Unfortunately, you don’t provide enough information to have a reasonable view if you are covered, so I’d put your flight details into https://www.bottonline.co.uk/flight-delay-compensation/calculator or similar, to see if it appears eligible for compensation.

    Then, if it appears to be covered, decide whether to let Bott and Co do the work for their percentage, use the CEDR ADR service or MCOL it your self.


    ontherunhome
    Participant

    Thank you FDOS. I have punched in detail for the Bott and Co form, and it came up , yes I am entitled to €250.

    I think a stiff letter to BA legal, may be best next move. Then small claims.

    Thanks for the help.


    FDOS_UK
    Participant

    If I could change EC261, I’d triple the comp. payments for airlines who deny valid claims.

    Good luck.


    stevescoots
    Participant

    If I could change EC261, I’d triple the comp. payments for airlines who deny valid claims.

    Good luck.

    agreed!


    BugAdvisor
    Participant

    I’m not sure if you are covered as you didn’t arrive more than three hours late. If you had refused to accept the earlier flight then yes. But then I’m not an expert nor a lawyer.


    FDOS_UK
    Participant

    I’m not sure if you are covered as you didn’t arrive more than three hours late. If you had refused to accept the earlier flight then yes. But then I’m not an expert nor a lawyer.

    May I suggest you become a little more familiar with EC261, you can download it from the link below and this knowledge is important when hegotiating with airline staff over re-routing etc.

    http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32004R0261

    So long as there were no extraordinary circumstances, he should receive €250 ( for a flight of 1500kms or less), which is what Bott & Co’s site apparently said.

    This is an area where it’s best not to comment unless you are sure.


    lostantipod
    Participant

    Not just a crystal ball, but a glass jaw…. called IT.


    rferguson
    Participant

    I’m pursuing a case against Finnair through the small claims process. It’s very easy, you can do it online. I also contacted the UK Citizens Advice Bureau whom where excellent. They have an entire section on their website also.

    In regards to cancelled flights:
    It states you have the right to either a full refund or a replacement flight.
    If the flight was cancelled within seven days before travel as is the case of the OP compensation is as follows:
    Less than 1500km
    Departure – at least one hour before scheduled flight
    Arrival – up to two hours later than booked flight.
    Euro125
    Arrival – at least two hours later than booked flight
    Euro250

    https://www.citizensadvice.org.uk/consumer/holiday-cancellations-and-compensation/if-your-flights-delayed-or-cancelled/


    ontherunhome
    Participant

    Thank you for the advice. My flight was brought forward by 3 hours, so i think the time issue is not an issue. What peeved me most is customer service agent calling to try and pacify with Avios, and denying it was a valid claim, under EU261, citing weather over 30 hours in advance.
    I wish i could have their foresight for the lottery numbers.
    I have now written a strong letter to BA in house legal team. I have referred to Bott & Co.

    I will keep the forum updated on how i get on. if negative I will use court action.

    Why they cant just cough up, and admit they were liable.

    Have a good weekend all.


    FDOS_UK
    Participant

    Thank you for the advice. My flight was brought forward by 3 hours, so i think the time issue is not an issue. What peeved me most is customer service agent calling to try and pacify with Avios, and denying it was a valid claim, under EU261, citing weather over 30 hours in advance.
    I wish i could have their foresight for the lottery numbers.
    I have now written a strong letter to BA in house legal team. I have referred to Bott & Co.

    I will keep the forum updated on how i get on. if negative I will use court action.

    Why they cant just cough up, and admit they were liable.

    Have a good weekend all.

    Well done for standing up to them. It’s the only way to hold them accountable.


    ontherunhome
    Participant

    Just an update. It is over a month since I wrote to the legal department at BA Waterside. I have not even had an acknowledgement of that letter.Today I am sending a letter, signed for, advising of my intent to commence legal proceedings.I will keep you all informed.


    capetonianm
    Participant

    I will be interested to see how you get on, and of course I wish you luck.

    I am similarly engaged with Lufthansa, also waiting for a response, and am about to send them a letter before action. Their contention is that the delay that caused me to miss a connection and arrive 12 hours late was due to WX. I am able to prove that other aircraft landing and took off on time during the period that they claim a thunderstorm closed FRA. I have also got the movements for that aircraft for the day and it had an ongoing delay from midday until late evening.

    So, see you in the County Court, Lufthansa!


    MartynSinclair
    Participant

    @onthehomerun – I would stop trying to be a “corporate lawyer” against BA (a letter before legal action) and instead use the retail legal system (if you think your case is strong enough).

    Just download and complete the papers from the small claims court, send an advance signed copy of the claim papers to the BA legal department warning them the papers will be submitted in 48 hours if nothing is heard.

    A couple of us have used this strategy with positive effects.

    I am not a lawyer, but companies can not afford not the be reactive to such papers for fear of actually being issued with a CCJ..

    Good luck and look forward to further updates.


    travelworld
    Participant

    I’m doing the same with BA in respect of a cancelled flight in March. They refused to pay EU261 compensation as they say the cancellation was caused by a Mixed Fleet crew strike. That’s notwithstanding the fact that my route (to Jeddah) is not flown by Mixed Fleet and that the CAA guidance says on its website that strikes by an airline’s own staff do not exempt them from paying EU261 compensation unless the strike was wildcat (this one wasn’t). What I suspect happened was that the legacy crew who were due to fly to Jeddah were rostered elsewhere to cover for a striking crew. My trip was delayed by 24 hours and I was offered no alternative.

    So I have sued them for the 600 Euro, using the Money Claim on line service. BA have instructed international law firm Norton Rose Fulbright to defend them (I am not making that up) and there is a two hour trial listed at the central London County Court at the Royal Courts of Justice in the Strand for 2 October. I will report back.

Viewing 15 posts - 1 through 15 (of 19 total)
You must be logged in to reply to this topic.
Be up-to-date
Magazine Subscription

To see our latest subscription offers for Business Traveller editions worldwide, click on the Subscribe & Save link below

Polls