Am I due compensation from BA?

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Viewing 14 posts - 16 through 29 (of 29 total)

  • Ah,Mr.Bond
    Participant

    “…….not entitled to anything as we were told before arriving at the airport.”
    This is utter rubbish, unless they told you with at least 2 weeks notice. You could demand your ticket be endorsed to another airline in the same cabin.


    SimonS1
    Participant

    @DanielRawson

    My interpretation is yes, as that falls within their duty of care haveing cancelled your flight.

    Probably no to the taxi from manchester though, as that was a separate booking and therefore at your risk.


    cityprofessional
    Participant

    Without knowing the full facts, it’s hard to tell if they owe you anything on this. Under EU legislation 261/2004, if BA cancel the flight within a week of departure, they do not need to compensate you if they offer an alternative flight departing up to one hour before your previously scheduled flight time. It sounds like they did do that, but you turned this down because they would not offer assistance to connect from a flight that was operated by a different, non-interlining airline, under a different ticket. You instead accepted a different BA flight on a different day. It sounds like they gave you free tickets from LHR-MAN to replace the non-refundable separate tickets that you were unable to use to LBA

    Unfortunately this is one of the gambles you take when you purchase separate tickets (three separate tickets! so much risk of misconnect!); all it takes is one flight going wrong, and you are out of pocket. BA offered you a reasonable alternative that you were unwilling to take (did you consider the 22:25 AA flight?), so you unfortunately need to suck up the costs

    Insurance normally covers these things, no?


    FDOS_UK
    Participant

    DanielRawson – 22/07/2015 15:34 BST

    You should get the hotel and transfers in New York. I would also claim the taxis home, as it wasn’t your fault that they caused you to miss your flight and then re-routed you to MAN.

    If they kick up about it (and depending how much the fare is) I might be inclined to look at a Money Claim On Line – but before you do that, give them ample opportunity to settle (at least two letters, 10 days apart.)

    I think it is unlikely they would defend a claim for taxi fares, but they might and if they were successful, you’d lose the cost of the case.


    flyingcanadian
    Participant

    Please, can someone on this forum help me?

    I have read through all the forums on this subject, but I cannot find one relevant to my delay.
    IN CPH, we had a 2 hour Air Canada APU 787 DREAMLINER Fault delay. When it came to start #1 engine, the APU would not start the engine. The AC and Boeing engineers then obained an external APU unit to try and start the engine. This was not powerful enough and we then had to wait for 3 external APUs to help start the engine.After 2 hours, this was done, and we started #1 engine, pushed back aand started #2 engine out on the taxiway.
    I am obviously not seeking compensation from BA,(I cannot find another relevant thread), but can I claim ffrom AC, Please?
    It is an AC flight, in Denmark, flying to Canada. I have read the relevant threads re delays, but they seem to apply to European flts. If I can claim, please under what legal ruling am I claiming. I was in J class with my son.
    I thank you in advance for any advice which you are able to offer.


    FDOS_UK
    Participant

    flyingcanadian – 01/11/2015 06:05 GMT

    Please note that I am not a lawyer and thus my personal opinion is not derived from legal training and should not be relied on!

    It sounds that the fault may fall within the scope of the regulation (I doubt it would be classed as extraordinary circumstances) and Air Canada, although a non-community carrier, is caught on flights from EU states.

    However, the delay is measured on arrival (not departure) and would need to be four hours or more for compensation to be due under article 6, per the wording of the original regulation. Assuming a flight of 3,500kms or greater.

    Here is a link to the regulation

    http://www.businesstraveller.com/discussion/post.add/Am-I-Due-Compensation/148135?page=1#reply

    Subsequently a case known as ‘Sturgeon’ introduced a ruling that flights with over three or more hours delay should be treated as cancelled and therefore article 5 would apply and compensation would be due.

    Here is a link to more information about Sturgeon

    https://www.flight-delayed.co.uk/sturgeon-ruling

    The key question is how late was the flight, when the passenger door were opened on arrival?


    flyingcanadian
    Participant

    Good Morning FDOS_UK.

    Thank you for your quick reply. On arrival in YYZ, the flight was still over 120 mins late. Westbound one encounters headwinds, and unfortunately the Captain said that he had not been able to make up any time.
    I will certainly follow up on the leads which you have supplied, but as you wrote, it is a matter of defining the leglity of the situationn
    Thank you again.


    FDOS_UK
    Participant

    Hi flyingcanadian.

    Unless the flight arrived 180 minutes later (or more), then compensation would not apply, unfortunately.

    Arrival is defined as the time the door is open and the passengers begin to disembark.


    flyingcanadian
    Participant

    Ok FDOS_UK

    Thank you, anyway.
    Enjoy your flights the rest of 2015!


    FlightDelays
    Participant

    Its all depends on the circumstances involved in more detail, Usually under EU reg they will be liable for flight delay compensation as long as your an EU citizen and flying using an EU airline which BA is, And yes they should also reimburse you for the taxi fares too,

    If you ever need help these guys were pretty good for us

    http://www.flightdelays.co.uk

    Hope this Helps


    TominScotland
    Participant

    I think we need to take Flightdelays’ advice with a degree of caution – is this her/ his own website that is promoted here? For starters, if this is the case, her/ his information is incorrect.

    What is this twaddle about having to be an EU citizen to be eligible for compensation under EU rules?

    Likewise, advice about EU/ non-EU airlines is incorrect – you are also entitled if on a non-EU based airline flying from an EU airport.


    Uncledude
    Participant

    To all readers.

    When arriving on a separate / non One World ticket to a Premium Class award flight always allow 5 hours except NE Airports in Winter and arrive the Day before.

    Particularly if its a Long Haul First Class flight on CX with only 6 seats. I even do this for One World connection flights throughout.
    .


    Wolfman
    Participant

    Why would you be entitled for taxi to and from JFK unless you were on a tight connection and are now being forced to overnight. Hotel seems reasonable to expect reimbursement. Taxi from Manchester to Leeds – bus or train?? Either way you will get no joy from BA as their customer service in situations like this is an absolute disgrace.


    varun
    Participant

    I am sure you should get compensation. According to EC Regulation 261/2004, if you were not informed about the cancellation 7 days prior to your flight departure date. Although, if you are offered an alternative route and the delay of your arrival does not exceed 2 hours, your compensation could be decreased by up to 50%. However, if you are willing to claim compensation or even know how much amount you can claim, use the online tools like the Flight Delay Compensation Calculator (for example: https://goo.gl/vSxLv9 ) or you can simply learn about the EC Regulation 261/2004

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