Flight delay compensation
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Flight delay compensation
Hi
Is there anyone who has had success with BA on claiming compensation for a delayed long haul flight. I am currently in a struggle to get the full compensation (euro 600 each) but they are insisting on 50% only.
Is there anyone who has had success with BA on claiming compensation for a delayed long haul flight. I am currently in a struggle to get the full compensation (euro 600 each) but they are insisting on 50% only.
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Did your flight arrive within 4 hours of schedule?
Article 7
Right to compensation
1. Where reference is made to this Article, passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(a) by two hours, in respect of all flights of 1500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a) or (b),
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.
Right to compensation
1. Where reference is made to this Article, passengers shall receive compensation amounting to:
(a) EUR 250 for all flights of 1500 kilometres or less;
(b) EUR 400 for all intra-Community flights of more than 1500 kilometres, and for all other flights between 1500 and 3500 kilometres;
(c) EUR 600 for all flights not falling under (a) or (b).
In determining the distance, the basis shall be the last destination at which the denial of boarding or cancellation will delay the passenger's arrival after the scheduled time.
2. When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8, the arrival time of which does not exceed the scheduled arrival time of the flight originally booked
(a) by two hours, in respect of all flights of 1500 kilometres or less; or
(b) by three hours, in respect of all intra-Community flights of more than 1500 kilometres and for all other flights between 1500 and 3500 kilometres; or
(c) by four hours, in respect of all flights not falling under (a) or (b),
the operating air carrier may reduce the compensation provided for in paragraph 1 by 50 %.
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Yes we arrived on stand 3:53 late, I don't recall exactly what time the doors . opened but;
"2 When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8" The was NO OFFER of a re-route therefore I am going to holdout for 100%!"
"2 When passengers are offered re-routing to their final destination on an alternative flight pursuant to Article 8" The was NO OFFER of a re-route therefore I am going to holdout for 100%!"
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As drafted, that provision was to apply exclusively to denied boarding and cancellations NOT delays (ECJ rulings extended it to delays).
It would be illogical for one compensation amount apply when pax rerouted and another when not - for exactly the same delay. I'm fairly certain the ECJ would agree, as that was part of their logic in extending compensation to delays.
Good luck, and don't forget to let us know how you get on.
It would be illogical for one compensation amount apply when pax rerouted and another when not - for exactly the same delay. I'm fairly certain the ECJ would agree, as that was part of their logic in extending compensation to delays.
Good luck, and don't forget to let us know how you get on.
Not only were you offered re-routing at the earliest opportunity as described in Article 8, but you accepted it and the airline got you there within 3:53 of the original arrival time. 50% is probably going to be their last offer.
It probably has no relevance to you but €300 for a touch under 4 hours is €75 per hour which sounds like a lot of money to me. Multiply it by the number of passengers on the flight and it sounds like my next flight will cost me more.
It probably has no relevance to you but €300 for a touch under 4 hours is €75 per hour which sounds like a lot of money to me. Multiply it by the number of passengers on the flight and it sounds like my next flight will cost me more.
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TimGriff6,
I understood the OP saying his flight was delayed (not cancelled) and he travelled as booked. No reroute was necessary and therefore was not offered. He is thinking that the 50% reduction should not apply as he was not offered a rerouting.
If I've got it wrong, apologies.
I understood the OP saying his flight was delayed (not cancelled) and he travelled as booked. No reroute was necessary and therefore was not offered. He is thinking that the 50% reduction should not apply as he was not offered a rerouting.
If I've got it wrong, apologies.
The definition of re-route covers a flight by any means that is not scheduled as originally booked - ie this case is a re-route, regardless of which aircraft it was on. Bearing in mind that the compensation starts at 3 hours and we are talking about a long flight, the €300 is even better value. 54 minutes less flight time and there would be no compensation. I know the law is there and was put there to encourage airlines to stop cancelling uneconomical flights at short notice but I think that I would need to consider what my costs have been before making a claim under it. I certainly wouldn't try to make an exaggerated claim in the hope that the other side would give in. (But that's just the way I am)
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TG6, I agree. The compensation amounts were intended to be punitive to dissuade cancellations. That the court has decided that they should be applied to delays as well is unfortunate.
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Perhaps the OP could get Flight Delays (dot) co (etc) on his case. Apparently they assess a small fee of up to 50%.
It must be true, because Mr. O'Leary said so. Ryanair slams 'ambulance chasing' flight compensation firms
It must be true, because Mr. O'Leary said so. Ryanair slams 'ambulance chasing' flight compensation firms
Avoiding paying
My son turned up for a mid morning Lhr departure to ist.
Gatwick had a lot of wind and diversions but very few at lhr.
Flight called and aircraft with crew at the gate. Five mins before departure aircraft and crew were changed to another service and he and a family eventually got onto an evening flight.
So far all claims have been declined.
Comment was due extreme weather but truth is that it was a commercial decision.
Gatwick had a lot of wind and diversions but very few at lhr.
Flight called and aircraft with crew at the gate. Five mins before departure aircraft and crew were changed to another service and he and a family eventually got onto an evening flight.
So far all claims have been declined.
Comment was due extreme weather but truth is that it was a commercial decision.
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As has been said many times before, all airlines will dismiss initial claims in the hope that the claimant swallows their bull dung and goes away. Many do! As soon as you show them that you have the appropriate evidence and mean business, they will pay up. Even then they won't admit to any fault on their part but declare it as a gesture of goodwill. It's all a game for them and, if you want your money, you have to play it.
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blind pew,
No doubt commercial considerations came into it. One, or more, flights had to be delayed or cancelled due to the weather conditions. Perhaps they cancelled the flight with the lowest load, or perhaps they cancelled the flight with the longest duration - as that would impact on the aircrafts return to LHR (and subsequent flights). Your son did get to his destination albeit late.
It isn't a science, it's an art.
Edited to add:
I think your son was luckier than some.
No doubt commercial considerations came into it. One, or more, flights had to be delayed or cancelled due to the weather conditions. Perhaps they cancelled the flight with the lowest load, or perhaps they cancelled the flight with the longest duration - as that would impact on the aircrafts return to LHR (and subsequent flights). Your son did get to his destination albeit late.
It isn't a science, it's an art.
Edited to add:
A spokesman for London's Heathrow Airport said that at least 50 flights had been cancelled today after the fog reduced visibility early this morning.
And all 1,300 flights could face severe delays,
And all 1,300 flights could face severe delays,
Last edited by ExXB; 17th Dec 2016 at 17:00.
About 4 years ago I was flying home back to Australia from Norway with BA and Emirates. Checked-in in Norway early and my bags were checked all the way through routing Stavanger-LHR-DUB-Brisbane BUT as I had checked in early, the computer systems could not issue onward boarding cards from LHR DUB-Bris but I was told to pick up my onward boarding cards from the Emirates desk in Term 3 LHR on arrival. Got to LHR and went up to the desk and handed my Qantas FF Gold card over (Emirates and Qantas code share) to retrieve my onward boarding card (Seat 40H held weeks before hand) only to be told by the Dragon behind the desk that my seat had been sold as I was a "No Show". I pointed out that I had checked-in in Norway and seat 40H had been allocated, she still insisted that I was a No Show. I pointed out very clearly that 1) How could I be a No Show when I was Airside and 2) If I was a No Show, why did I have a baggage receipt from Stavanger to Brisbane with BA and Emirates ? She would not budge and slammed to shutters down. Long story short, I had to pay another $289 to change my ticket home later that night then presented Emirates with the bill who refused to pay so took them to the Small Claims court back home and won. I would recommend everyone who knows they are right to do the same, from memory it cost me $23 to lodge the claim but was given back to me when I won the case. Was awarded the $289 + $23 + $2 (original out of pocket claim + court fees + Interest)
