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Flight disruption and compensation

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    #11
    Originally posted by stillooking View Post
    Yes, I'm claiming for the 9 or 10 days + basic living costs.
    The airline is definitely obligated to provide compensation on a fair use basis. If you put yourself up in some 5 star hotel they may not reimburse but you are entitled to per day compensation for the number of days you were in a hotel waiting for your flight.
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      #12
      Originally posted by northernladuk View Post
      You have got to be kidding??? Seriously?
      Nope, no insurance, I didn't think it was clever at the time I made the decision or after..I realised it was a risk. It was my first time outside Europe (in the Caribbean).

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        #13
        Originally posted by fullyautomatix View Post
        The airline is definitely obligated to provide compensation on a fair use basis. If you put yourself up in some 5 star hotel they may not reimburse but you are entitled to per day compensation for the number of days you were in a hotel waiting for your flight.
        Thanks for the info, I stayed at a very reasonably priced villa on a less than reasonably priced island (Barbados) .

        I'll have to pursue the fact that the flight was cancelled for 9 days, 2 hours before the original scheduled time BA allegedly changed the status from cancelled to delayed, then they put the flight on! Nobody was notified and one of reasons is that they didn't want all the hassle of dealing with paying punters if the flight was re-routed to Madrid during flight, it nearly happened, it was one of the first planes allowed back into UK airspace. Another reason for the sneakiness was that they had to get lots of holiday co & airline staff off the island pronto.

        ah well, I shall continue

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          #14
          Originally posted by stillooking View Post
          Thanks for that, I had a look at the EU directive and I do believe I could claim, but if BA are trying it on and just saying it wasn't cancelled, well that requires a different approach.
          As has been said, all airlines operating a flight into or out of the EU, then they owe a duty of care to the passenger. If the flight is delayed for more than 2 hours, there is a payout that is also due - unless they can prove that the delay was caused by unexpected action that could not reasonably be predicted.

          The exact nature of that is vague. For example, if Godzilla turned up on Monday and ripped apart the plane, then this would be unexpected action that could not reasonably be predicted - no payout due. If Godzilla turns up every Monday and rips apart the plane, this would be unexpected action BUT could reasonably be predicted - therefore a payout is due.

          BA (and most other airlines) are notorious at trying to slip out of paying what they legally owe you. I had a BA flight cancelled a few years back because they plane was in New York because the captain was ill and they had sent their reserve crew home for the night. BA was adamant that no payment was due (I wanted the EU compensation plus the cost of an alternative flight).

          In the end, I filed a claim online in the small claims court. BA immedaitely offered me £300 in vouchers, but I was on holiday when they made the offer and the time limit they had provided ran out. I came back from holiday to find a cheque for the full £470 waiting for me - they still maintain they were in the right, but it wasn't worth their while to argue it in court where it would set no legal precedent.

          If you are getting nowhere with BA customer services, then I would file a small claims court claim and see how that goes.
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            #15
            Originally posted by TheFaQQer View Post
            As has been said, all airlines operating a flight into or out of the EU, then they owe a duty of care to the passenger. If the flight is delayed for more than 2 hours, there is a payout that is also due - unless they can prove that the delay was caused by unexpected action that could not reasonably be predicted.

            The exact nature of that is vague. For example, if Godzilla turned up on Monday and ripped apart the plane, then this would be unexpected action that could not reasonably be predicted - no payout due. If Godzilla turns up every Monday and rips apart the plane, this would be unexpected action BUT could reasonably be predicted - therefore a payout is due.

            BA (and most other airlines) are notorious at trying to slip out of paying what they legally owe you. I had a BA flight cancelled a few years back because they plane was in New York because the captain was ill and they had sent their reserve crew home for the night. BA was adamant that no payment was due (I wanted the EU compensation plus the cost of an alternative flight).

            In the end, I filed a claim online in the small claims court. BA immedaitely offered me £300 in vouchers, but I was on holiday when they made the offer and the time limit they had provided ran out. I came back from holiday to find a cheque for the full £470 waiting for me - they still maintain they were in the right, but it wasn't worth their while to argue it in court where it would set no legal precedent.

            If you are getting nowhere with BA customer services, then I would file a small claims court claim and see how that goes.
            And this Godzilla thing. You think it likely then?

            “The period of the disintegration of the European Union has begun. And the first vessel to have departed is Britain”

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              #16
              Originally posted by TheFaQQer View Post
              As has been said, all airlines operating a flight into or out of the EU, then they owe a duty of care to the passenger. If the flight is delayed for more than 2 hours, there is a payout that is also due - unless they can prove that the delay was caused by unexpected action that could not reasonably be predicted.

              The exact nature of that is vague. For example, if Godzilla turned up on Monday and ripped apart the plane, then this would be unexpected action that could not reasonably be predicted - no payout due. If Godzilla turns up every Monday and rips apart the plane, this would be unexpected action BUT could reasonably be predicted - therefore a payout is due.

              BA (and most other airlines) are notorious at trying to slip out of paying what they legally owe you. I had a BA flight cancelled a few years back because they plane was in New York because the captain was ill and they had sent their reserve crew home for the night. BA was adamant that no payment was due (I wanted the EU compensation plus the cost of an alternative flight).

              In the end, I filed a claim online in the small claims court. BA immedaitely offered me £300 in vouchers, but I was on holiday when they made the offer and the time limit they had provided ran out. I came back from holiday to find a cheque for the full £470 waiting for me - they still maintain they were in the right, but it wasn't worth their while to argue it in court where it would set no legal precedent.

              If you are getting nowhere with BA customer services, then I would file a small claims court claim and see how that goes.
              Thanks FAQ

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                #17
                Originally posted by shaunbhoy View Post
                And this Godzilla thing. You think it likely then?

                maybe not Godzilla, but perhaps a herd of ferrets could cause havoc.

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                  #18
                  Originally posted by stillooking View Post
                  maybe not Godzilla, but perhaps a herd of ferrets could cause havoc.
                  We used to have a ferret here. He caused a bit of havoc too..............then left..........in a flounce IIRC.
                  “The period of the disintegration of the European Union has begun. And the first vessel to have departed is Britain”

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                    #19
                    Originally posted by shaunbhoy View Post
                    And this Godzilla thing. You think it likely then?

                    JAL have a specific clause that won't payout. Just in case.

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                      #20
                      Originally posted by Pondlife View Post
                      JAL have a specific clause that won't payout. Just in case.
                      Cagey Bastards!!
                      Acts of God AND Acts of Godzilla eh?

                      “The period of the disintegration of the European Union has begun. And the first vessel to have departed is Britain”

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