[Anonymous]

[AndrewR79]

Hello all

I was due to fly from Miami to Heathrow a few days ago but the flight was cancelled when a baggage carrier hit the plane and damaged it. They had started to board the plane when it was cancelled.

All passengers were told they would be staying in a hotel for the evening and that they would be booked onto alternative flights and that we should call BA reservations to confirm our new flights. Meals were provided at the hotel (dinner, breakfast and lunch).

When I called BA reservations I was informed that I would be flying to Orlando the next day then flying from Orlando to Gatwick and then from Gatwick to Edinbugh (which was my final destination).

When I queried what compensation I was entitled to I was promptly informed that I was entitled to nothing.

The cancellation of my flight meant I had to miss an improtant meeting in London on the Monday that I will have to rearrange and fly back to London to attend at an extra cost to me. I had scheduled my original flights so that I had time to go into London to attend the meeting.

The flight being cancelled also meant that I arrived around 18 hours later than I was supposed to in my final destinatation or 21 hours late into London.

Is it correct that I am entitled to no compensation whatsoever? BA customer services said they might make some kind of goodwill gesture.

What should I do to pursue compensation? What do you think I would get if I did? What have others received in a similar situation?

Help much appreciated.

[VintageKrug]

I would check your travel insurance before engaging with BA.

Your policy is likely to cover cancelled flights, and should cover your immediate needs.

Neither BA nor your insurance company has any liability connected with the missed meeting, alas.

Out of interest, did they put you up in the Miami Hyatt or elsewhere?

[AndrewR79]

Was put up in the Wyndham which is close to the airporta although some people went to the Hyatt. Was the luck of the draw based on which coach you got on at the airport.

I will contact my travel insurance company and see what the say.

I was reading guidelines on compensation for cancelled flights. The guidance on moneysavingexpert (http://www.moneysavingexpert.com/travel/flight-delays) suggest that I am entitled to €600. Flight to EU on an EU carrier and re-routed but delayed more than 4 hours.

[VintageKrug]

I was on the same route when the plane went technical about a year ago, flying in Club World.

It seems to happen rather more regularly in MIA…

We were fed on board and then I was accommodated at the Downtown Hyatt, breakfast and lunch provided, and although it was 24 hours before we headed off to London, the whole issue was handled well by BA.

It’s always interesting to know what you are legally entitled to for such a delay.

Personally, I think unless I actually suffered a loss at least equivalent to the compensation, I would struggle to want to claim that sum. In my opinion it smacks of a rather legalistic approach to life; sometimes things do go wrong, and we should treat it as part of life’s rich pattern.

Certainly BA seemed to have looked after your immediate needs, re-routed you as quickly as possible. Your Travel Insurance should look after the rest.

[DisgustedofSwieqi]

Andrew

You are not entitled, due to ‘extraordinary circumstances beyond the airline’s control.’ Unless you can prove it was otherwise.

VK

It is not a matter of claiming the compensation, the airline must pay any compensation due within 7 days, end of story, that is the law.

BA seems to have met its obligations to Andrew, although he was still inconvenienced by a case of ‘sh!t happens.’

[AndrewR79]

VK I agree with you to a certain extent and had BA been just a little bit better at handling the situation I may not have even looked into compensation. As it was I didn’t feel they were that great. I am particualrly annoyed that I was told there was no compensation available which I think is an outright lie. I think I should have been told that compensation is potentially due if the conditions are met. However it was left to me to look into this myself.

Furthermore my alternative flights weren’t convenient and meant that I would be travelling for an additional 7 hours the next day because I had to fly to Orlando rather than flying directly from Miami to London.

In addition to the above problems they also lost my bag for 24 hours when I travelled out to the US and my utlimate flight back to Edinburgh was also delayed (the straw that broke the camels back).

I have done some research on “extrodinary circumstances” and I don’t think a baggage carrier crashing into the plane should fall within that definition. Loading and unloading baggage from a plane results in an inherent risk of an accident which should be avoidable if competent staff are used. However accidents do happen but I don’t think this one falls within “extrodinary circumstances”.

[DisgustedofSwieqi]

Andrew

Firstly, it is BA’s responsibility to decide whether compensation is due and to automatically give you it, if it applies. So when they informed you it was not due, I cannot see how you can think it is a lie. You may disagree with their opinion, in which case you should take it up the with National Enforcement Body (NEB), which I think is the Air Users Council in the UK.

As I understand this, a vehicle operated by a third party crashed into your aircraft.

If BA took reasonable steps to vet the baggage operator and this type of incident happens irregularly, that sounds pretty much like a definition of ‘extra ordinary’ to me.

The airline then re-routed you and got you home, no it was not convenient for you, but they did not leave you stranded.

If it were me, I would be very irritated, but would work the line of an ex gratia service recovery agreement, which BA are pretty good at offering in my experience.

[VintageKrug]

I would agree with pursuing the ex-gratia service recovery line.
A reasonable slew of miles should be both useful to you, and settle the matter from BA’s perspective.

One of the key learning points from this is to get yourself onto the next flight out (and I recall there between 2 and 3 per day from MIA, depending on season) the minute you know you are going to be cancelled. That is why I always keep the local and UK callcentre numbers in my phone; you should always be able to get hold of someone who can pro-actively re-accommodate you on a direct service and that way you aren’t left to the whims of the local agents, and are right at the front of the queue.

[gregd75]

Andrew – I would recommend that you call the CAA and they’ll be able to help you.

The thing that bugs me is that if we were in a store and we wanted to buy a medium size red shirt- imagine that you pay first then get the item- when we go to get the item the store says ‘well, we only have an extra large white shirt take it or leave it’ then we’d go crazy.

Just because this is the travel industry, things shouldn’t be different. When we buy our tickets we enter into an agreement. our money for a specific flight. Before people say that airlines can’t be held responsible for ‘unavoidable events’, well I totally agree- but accountability is the key. If the baggage truck hit the plane, then Miami airport should be held responsible by British Airways.

I had my Heathrow – Houston flight cancelled by Continental back in January (the plane never left their home base) this year and they offered me $150 as a gesture of goodwill- carefully worded sentences, if you ask me.

I have been following this up with the CAA and even though its almost a year later, the CAA have been following up on the case. I guess the volcanic ash situation made things worse for them.

Try calling them- it won’t do you any harm

[VintageKrug]

I would caution going directly to the CAA.

There is due process which should be followed in the first instance, and should this not prove successful, then you should absolutely escalate to organisations such as the CAA.

But if everyone escalated everything immediately, then organisations such as this would become overburdened.

As stated before, first try your travel insurance to compensate any financial loss, try BA for some mileage compensation for the inconvenience suffered, and then try the normal channels for European Flight Compensation, and lastly if all else fails escalate it to those organisations which specialise in such cases if you really feel you must.

It does sound to me like an extraordinary circumstance outside the airline’s control.

[gregd75]

I completely agree that you shouldnt go directly to the CAA. But lets remember that the CAA is there to deal with exactly these types of situations.

I recommend that you make a call. Ask for their informal advice as to what to do.

Considering that the poster says that BA has already said theres nothing available in the way of compensation- I think it could well be time to take the next step.

As for insurance- as previuosly stated, as it was an unavoidable situation I guess it wouldnt pay out, or maybe the poster didnt get insurance to start with.

[Pomkiwi]

The Air Transport Users Council: http://www.auc.org.uk/
provides useful advice in this situation – they are helpful if you phone.

[Turkman]

My suggestion would be just call BA customer services and explain what happened. In my experience they have been more than generous with compensatory miles in 95% of cases. There is a world of difference between a legal entitlement and what makes commercial sense – most of the time BA get this point rather well.

[MartynSinclair]

If there was a genuine loss, I would try going after the company that owned the “baggage carrier” (but through the US legal system, I am sure you will find a Mr. 40% attorney, ready to perform) – otherwise the best words of comfort are at the top of the thread

“treat it as part of life’s rich pattern”

Travel safe and fairly!

[Author]

Posts