[bombayteddy]

Whatever would he do were he in India where LONG delays are routine and nobody gives a sh*t!

[IamSpartacus]

Interesting thread as always. sad to see some of the same bull headed stubborness from some to even consider or discuss other peoples opinions.
I think there is definately some merit in the moral argument of seeking more compensation in what appears to be a well handled situation when a problem arose. It seems some people can not forgive any failure by some companies or maybe are just a lot less tolerant of it. I personally am saddened to see the blaim and claim society we have become with everyone asking what am i entitled to.
I think we can all agree that he is entitled to claim financial compensation by law the more interesting question is, when BA accomodated him over night, flew him to his final destination as an alternative saving him time, stress of re-booking and money and offered him 15,000 avios as a measure of compensation, did s/he think they handled the situation well at the time? (bearing in mind that no company has a 100% pefect operation all of the time) and if so why do they feel the need to pursue further financial compensation?

[TerryMcManus24]

Good news and well done.

EU “safeguards “unlike General Melchits (aka Blackadder) outlook to common sense should not be…. “poo-pood”.

Just been reading about a new website launched to help passengers claim compensation for delayed, diverted and cancelled flights ….which might be of interest:

Refund.me claims as many as 1.7 million passengers failed to exercise their right to compensation last year, missing out on €400 million…….400 MILLION Euros..?

Already launched in other European countries it says that it will make it easier for passengers to secure compensation of up to €600 per person, per flight.

Backed by a pan-European network of legal experts and in partnership with various consumer organisations across Europe, refund.me claims to specialise in the application of the specific EU Regulation that establishes standard compensations in the case of delays, missed connections, diverted flights or cancellations…etc

Passengers are offered free consultations and they can instantly check their flight’s eligibility for compensation through its website http://www.refund.me.

To file a complaint, a passenger fills out an online form, and refund.me handles the process from there.

Not recco or anything……… just for interest

[AMcWhirter]

bombayteddy

If you are flying within India then, yes, you’re correct. India, like almost all of Asia, has no passenger rights legislation.

But if departing India (or indeed from any Asian country) to an EU destination, with an EU-based airline, then you still qualify for EU passenger rights.

[TimFitzgeraldTC]

Hi Nathinfor

Well done on claiming your compensation. Sorry if I mistook some of your original points – I did misread them. It is interesting to see that they have said they will pay – I guess there is a link between recent judgements and the airlines responses.

Tim

[FormerlyDoS]

” the more interesting question is, when BA accomodated him over night, flew him to his final destination as an alternative saving him time, stress of re-booking and money and offered him 15,000 avios as a measure of compensation, did s/he think they handled the situation well at the time?

I am spartacus, there is no interesting question, I am afraid.

Firstly, when this incident happened, all countries in Europe, except the UK had accepted an interpretation of the regulation that equated long delays to cancellations; This was known colloquially as “The Sturgeon” ruling.

In the UK, a number of airlines and travel companies, including British Airways, took an action in the High Court to delay this interpretation and this was in place at the time nathaninfor suffered this horrendous delay.

It therefore follows that BA could not settle nathaninfor’s claim and the offer of Avios was a commercial gesture that did not prejudice his EU261/20054 entitlement. It is therefore not a part of his settlement.

The overnight accomodation provided was BA meeting the requirements of the regulation to provide ‘care and was not in the scope of his compensation entitlement.

In terms of the decision to offer him a flight to Rio, there is nothing in the regulation to prevent an airline doing this, but the OP was not obliged to accept it and could have insisted on being flown to Sao Paolo; he could also have asked to be flown there on an earlier flight with another airline, so once again this change should not be considered a part of any compensation, as it is not. The OP already stated he would not regard buying a new ticket on the TAM shuttle as being a big deal. Incidentally, by flying the OP for an hour less, BA also saved some fuel. Again, such a mutually agreed change is outside the scope of the legislation and the airline knows this.

So that leaves the matter of the 600€; As soon as the AG made a ruling on this matter, the High Court stay was removed and BA was obliged to pay the OP the compensation due; I repeat in any other EU country, he would have already received it.

So in conclusion, there is no interesting question to ask about the ethics of claiming, the airline paid the OP what was due under the law, the only reason he had to contact them is that it seems they did not advise him of his rights, as they should have done.

[IamSpartacus]

I completely understand the point you have repeatedly made here FDOS and agree that he is entitled to claim financial compensation, i dont actually think anyone is disagreeing with you on this. I suppose the discussion other posters and i are trying to have relates to the larger picture of blaim and claim. I know alot of it will come down to personality type and how we individualy would have approached this situation. I for instance would have been happy with the compansation offered, would have appreciated BA getting me to my final destination (saving me a lot of hassle, wether i was happy or not, re-booking an extra flight) and the offer of points. I would not seek extra financial compensation because in this case when the problem had been dealt with in this manner by BA because i understand that flying is not always smooth sailing (so to speak) and dont want to see fares increasing to cover the increased compensation claims for every delayed flight. I would prefer also that going forward airlines did not feel the pressure to fix tech faults at speed to minimise any potential delays and compensation claims, and spent all the time they needed to make sure everything is as it should be.
As i said these are all personal choices which i understand why i would make them i am just interested to hear it from the other side. It sounds as though BA handled this well at the time so is it just a case of i’m entitled to comp so i will claim and what are the opinions of other posters on here as to wether they would follow suit or take a wider more pragmatic view of the situation and airline compensation as a whole.

Once again just to clarify i COMPLETELY understand the EU legislation and entitlements, i am looking at this from more than one point of view.

[SimonS1]

Each to their own I guess.

The hotel and rearranged flight are what you would expect any professional airline to do as the delay doesn’t absolve you from delivering what you are contracted to deliver.

As far as the compensation is concerned (for arriving 12 hours late) then Avios would only suit those people who collect them. As I don’t I would have taken the cash.

[FormerlyDoS]

iamspartacus

The point is that there is no debate to be had about the compensation, BA should have paid it to him, end of story.

You are confusing two different elements here, what the airline should have done under the reg and what you think is a moral course of action.

If someone runs into your car and you can’t drive it, then acts well towards you by giving you a lift to the nearest station, it does not reduce their liability to pay for your repairs and I don’t think most people would think twice about making the subsequent insurance claim.

So, if BA handled this well (which I don’t think is the case, to be honest, on the evidence the OP has presented), it in no way reduces their liability to pay in line with the law and nor should anyone feel there is a moral dimension to the OP claiming. There isn’t.

If BA had handled it as well as you think, the company would have advised him of his rights (as the regulation says they should) and informed him of the process to settle the matter (which would have involved awaiting the AG’s statement.).

Now if you wish to have a debate about whether EU261/2004 is a good regulation and you take the view that it isn’t, fine, but please don’t link it to whether the OP should have claimed.

EU261/2004 will raise the cost of air travel, but only marginally (due to the very small number of claims, in the bigger scheme of things) and this was always the intention of the EU. It is designed to encourage airlines to invest in preventive maintenance and proper staff cover, to reduce inconvenience to us, the passengers.

I think it is a very good thing, but I respect your differing opinion.

[FormerlyDoS]

SimonS1

“The hotel and rearranged flight are what you would expect any professional airline to do as the delay doesn’t absolve you from delivering what you are contracted to deliver.”

The regulation says the airline must provide HOTAC etc.

When EU261 was just coming into force, I was refused HOTAC by BA after they cancelled a flight due to ‘rotational issues’ several hours after bad weather and with Heathrow in bright sunshine.

I was told to come back the next day and when I pointed out I lived in Malta, was told bluntly ‘not our problem.’ (This was on a Club Europe D class ticket.)

So I believe that the fact that BA paid for HOTAC for the OP hows the regulation was needed.

[CharisseR49]

sorry for the late reply but just for the heads up, that’s way too long 12hours delayed flight. For me i think you are entitled to a compensation because the delay of your flight is longer than 3 hours to be entitled for any claims or compensation. Also it destroyed you time and schedule, what if you have a business meeting that is very important right?I once experienced a situation like this but its not 12hours mostly its 4hours i think and i found out that i can get a compensation because of the delayed flight so i searched and contacted a firm called flight claim UK and they willingly helped me. Just for the reference. Here: http://www.flightclaimuk.com/flight-compensation.html

[LuganoPirate]

You clearly work for that company Charisse, I just hope you process claims faster than the two plus years it to you to respond to the OP?

[SimonS1]

“Charisse is an Online Marketing person and she loves to cook and eat.”

Shame the spelling and grammar lessons didn’t make it up the list.

[Alexthegreat]

Last January, 3 of us were traveliing to GIG with AF. After doing web check-in, on the day of departure we got an sms to say that the flight was retimed to operate 9hrs later (the following day) with a new flight number. As recommended by AF Staff at their CDG Transit Desk, we applied online for compensation and….absolute silence. After 2 months we wrote this time to the local AF/KL Office from where we got the tickets. In less than a week we had an offer of EUR 600 cash or EUR 800 travel voucher. Three satisfied customers now booking their next flight.

[LuganoPirate]

Simon. +1

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