EU comp claim denied by BA. Next steps?

[bigsim]

My recent BA flight HAM-LHR was, I was told at the time, cancelled due to a problem with the hydraulics. The (very charming and apologetic) captain came out, told everyone the flight was cancelled and explained the problem to the waiting passengers. The BA ground staff rebooked me onto another flight departing the next day, the cancelled flight being the last one departing HAM that day. All this was done with a minimum of fuss and was impressively professional, especially when compared to what happens on certain other airlines.

I was, therefore, surprised to have my claim for EU compensation turned down on the grounds that the flight was not cancelled but was "only" delayed. The delay in question being 934 minutes, as claimed by BA customer relations.

My question is: is BA being disengenious here or are my expectations out of whack? Do I still have grounds to claim under the EU provisions and if so, how should I best proceed?

I am very interested in your opinions.

Many thanks

'Big' Sim

[ShamRoc]

Google this!

"Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (Text with EEA relevance) - Commission Statement"

Then revisit your grounds for complaint! If the airlinr took allreasonable care to look after you, and it appears it may have done then you may not be successful. There appers to be a good many "get out clauses"! Good luck.

[RevMan2]

Delays
* Delays over 2 hours under 1500 km, or 3 hours and between 1500km-3500km within the EU or 4 hours delay and over 3500 km outside the EU you are entitled to meals and refreshments and hotel accommodation where necessary.
* Over 5 hours you are entitled to a refund of your ticket (with a free flight back to your initial point of departure, when relevant)
More here (http://www.rcn-ifna.org.uk/html/eu_delay_compensation.html)

[Globaliser]

My recent BA flight HAM-LHR was, I was told at the time, cancelled due to a problem with the hydraulics.
...
I was, therefore, surprised to have my claim for EU compensation turned down on the grounds that the flight was not cancelled but was "only" delayed. The delay in question being 934 minutes, as claimed by BA customer relations.

My question is: is BA being disengenious here or are my expectations out of whack? Do I still have grounds to claim under the EU provisions and if so, how should I best proceed?No compensation for mechanicals, anyway, isn't it? (I know, a bit of a simplification, but it's how the airlines are applying it.)

They have to look after you, but it sounds like they've done that. And they don't have to do any more.

If I've got this wrong, I'd be grateful for correction, too.

The flight may technically have been only delayed according to BA ops information, because the aircraft would still have had to come home at some stage. I agree it's confusing and the Regulation probably ought to deal better with such long "delays". But if, ultimately, you wouldn't have got any compensation anyway because it was a mechanical, it makes little difference.

[Final 3 Greens]

I would have a think about seeking a refund of your ticket cost, since the delay was over 5 hours on the airlines admission.

If they argue, I'd consider a small claim, it will cost them to defend it and they may see sense then.

[SXB]

The only occasions when I've been insistent on compensation have been when I've been bumped from a flight, this has happened 3 times in the last 2 years and always when I've been travelling in Y on short haul.

For cancellations due to tech problems as long as they feed me and put me up in a good quality hotel I feel that's sufficient, in my mind they are upholding their part of the contract. On numerous occasions I've also been rebooked on other airlines due to tech and weather problems, sometimes you need to lean on them to book you with other airlines but they will do it. For weather problems this is beyond their control, I've found Austrian particularly good in these circumstances, especially in the Caucasus where they don't operate a daily service.