Reply To: A tale of 3 airlines

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Potakas
Participant

Had similar problem with BA,

“Delay” of 12 hours!! We got on an aircraft the next day on the morning, Hotel payed by BA but not food/drink/transportation coupons, send them back asking for compensation under the EU laws, on my letter I pointed out this article from BT ,
“Last November, the European Court of Justice ruled that delays of three hours or more were to be treated in the same way as cancelled flights. This means passengers can claim €250-€600 in compensation depending on the length of delay and the distance between destinations, provided the reason for the delay is within the airline’s control – the real deal-breaker. The ruling has been criticised by the airlines, who say it could cost them up to €5 billion a year, forcing them to increase ticket prices. But they are not required to publish what they pay out.”

http://www.businesstraveller.com/archive/2010/may-2010/special-reports/what-are-my-rights

And this from EU,
“If you get to your final destination with a delay of three hours or more, you may be entitled to identical compensation to that offered when your flight gets cancelled, unless the airline can prove that the delay was caused by extraordinary circumstances. Additionally, airlines can be held liable for damages resulting from delays. “

http://ec.europa.eu/transport/passenger-rights/en/08-air-long-delays.html

The reply I got was dismissive and they told me to that the flight was not cancelled but delayed 😉 Also they told me that this happened because of “was due to an unexpected technical difficulty on the previous flight. This delay constitutes an extraordinary circumstance as set out in Recital 15 of EC Regulation 261/2004 and could not have been avoided by British Airways even if all reasonable measures had been taken. “

I wonder what tech could have been predicted,

Also the letter closes with that paragraph:
“BA will prove the defense of “extraordinary circumstances” should this become necessary in court proceedings. I am sorry to disappoint you, and I hope this helps clarify our position for you.”

I didn’t bother more but their answer was bad IMO,

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