Delayed flight – compensation?
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at 21:55 by Flightlevel.
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FormerlyDoSParticipantTim
Yes, BA could have insisted on routing to SAO. The OP could then have said he was not waiting for 24 hours (hardly the ‘earliest opportunity’ the regulation requires for a re-routing) and wanted to travel under comparable conditions with another carrier.
Or he could have said ‘I understand you have a Rio flight, put me on that and pay for a TAM internal.’
22 Jan 2013
at 15:16
TimFitzgeraldTCParticipantHi Nathinfor
In which case – apologies. I was working on the basis the flight was subsequently cancelled and that your 12 hour delay was due to the fact that you took the direct Rio flight.
Sounds like if they had a technical issue followed by staff issues – my guess will be that the staff issues were beyond there control due to weather and displacement of staff – but that is only conjecture.
22 Jan 2013
at 15:16
FormerlyDoSParticipantnathinfor
Did BA inform you of your rights under EU261/2004?
22 Jan 2013
at 15:16
FormerlyDoSParticipant“Sounds like if they had a technical issue followed by staff issues – my guess will be that the staff issues were beyond there control due to weather and displacement of staff – but that is only conjecture.”
Staff issues would not be extra ordinary circumstances at homebase (unless it was a wildcat strike, or similar unpredictable event), tech would be unlikely to be, either (although not impossible.)
22 Jan 2013
at 15:18
FormerlyDoSParticipantJust to build on the post before, I had a canx flight last year, due to a pilot suffering from an ailment and received 600€ as the airline had not been able to provide a replacement (It was decided they had not used all reasonable efforts.)
22 Jan 2013
at 15:20
nathinforParticipantThe technical issues was to be solved within a couple of hours. I am struggling to understand how BA could run out of staff at Heathrow…
No BA did not inform me of my rights. They said at the time I was not elligible for compensation (remember the EU law was forced onto UK carriers only recently).
In all fairness, they did provide me with a nice hotel room for the night (so BA kinda knew their duties) and did offer a rerouting. I am not complaining about their behavior at the time.But at the end of the day, I was 12 hour late because of them. Had they conducted appropriate maintenance and repairs, there would not have been a technical issues. had they planned their staff ressources appropriately, they would have had back up if needed.
Without rerouting, I would be eligble for compensation (no debate about that the EU law is clear).
Now the rerouting: yes legally it makes my case difficult. Commercially, it does not alleviate that I was 12 hours late.22 Jan 2013
at 15:30
NobleM400ParticipantWas on this flight:
http://www.facebook.com/pages/Cancelled-Flight-VS016-271012/132937900187406?ref=stream&sk=info
36 hours delay getting home. No food or water for 18 hours etc (Honestly!)
Tried for 6 weeks and gave up for compensation as Virgin and EU made it so hard for the passenger to be compensated. Lost earnings, etc.
When we finally left Orlando the pilot promosed us that we would all get compensated etc. Even stated the fault was discovered when the outbound plane left LGW prior to landing in Orlando – which would assist compensation as the fault was discovered hours in advance. They could have got me on another VS flight home in the time period but they did nothing to help.
22 Jan 2013
at 15:33
Papillion53ParticipantFDoS – I DO understand your points, but I am still perplexed as to why anyone would want further compensation from an airline due to their flight having been delayed for what in the scheme of things is only a matter of hours, subsequently been offered another flight, which was direct to the final destination, which IMHO would be a huge benefit.
So my next question for nathinfor – would BA have put you up in an hotel if you had decided to wait for the “delayed” flight the next morning?
Nathinfor, I bet you didn’t think you’d get this much response to your question? 😉 🙂
Edited – answered whilst I was typing the question.
Thanks NT! 🙂
22 Jan 2013
at 15:37
Papillion53ParticipantNatinfor – @15:30
Ah yes planning and foresight for any and every eventuality- isn’t that equivalent to having a crystal ball?
22 Jan 2013
at 15:43
nathinforParticipantPapillon,
BA put me in a hotel and in the morning sorted out the flights with either: fly to SP at 10am or to Rio at noon (again why do people say BA reduce the delay by 12 hours???).
I am not sure I see your point here?And yes, I wasn’t expecting so much reaction. and not so much opposition! Maybe I am missing something. Or maybe people are misunderstanding some parts.
Seems some people are just happy to have their holidays messed up because an airline can’t conduct its business properly. There should not be technical faults or lack of staff. Most people are focusing on the “generosity” of BA (accommodation = EU law, rerouting = mere effort to limit the pain and did not cost much to the airline since the flight was not full) and forget the responsibility of BA (12 hour delay due to BA, EU law supporting this view).Re last point: no crystal ball needed to run a business. Technical problems and availability of staff is part of the normal conduct of business for an airline (and any other business). For example, they could have planned more time inbetween two flights in case there is a technical problem for example. Or plan more staff if needed. At any rate, they failed in their mission in what was within their control. That is why the EU believes they should compensate their customers (forgetting the rerouting part).
22 Jan 2013
at 15:47
Papillion53ParticipantJust wondered if they had offered you hotel as you would be having to wait overnight for the flight, but you already answered that as I was typing.
No, no opposition, just wondering why, if you got to your destination, and yes, safe and well, albeit 12 hours late, and they gave you airmiles, you felt you should have more compensation?
I guess I come from a generation that this is totally alien action to take, always wanting more compensation or someone to blame. Yes it is BA’s fault their aircraft went tech, but this happens and I’m sure that the last thing BA wants is to have aircraft go tech and all the resulting problems this causes, but sometimes things just do happen, and there is simply nothing that can be done. In the circumstances, I do not believe you were badly treated.
Anyway, lively discussion and thank you, nothing here is personal, but isn’t it great that we have such a forum where we can express our views and opinions, whether or not others agree? 🙂
22 Jan 2013
at 15:56
LuganoPirateParticipantHave you accepted the 15,000 miles nathinfor? If so I don’t think you can get much more as BA will claim you accepted the compensation offered. If you haven’t then perhaps its worth trying, however is all the hassle you’ll have to go through, and hassle you will have, worth the extra?
22 Jan 2013
at 16:06
nathinforParticipantLugano,
The 15,000 miles were offered as a commercial gesture (the return flight was also a mess but that is a different story), not compensation, taking into account I was a CW passenger on that flight.
The BAEC person told me she could not deal with cash compensation and I should contact the relevant department. She did confirm the miles would not preclude me from claiming for compensation if i decided to do so.
Obviously that was a year ago so what a person told me over the phone a year ago is probably worth little today…22 Jan 2013
at 16:13 -
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