Reply to: Flight disruption and compensation

[TheFaQQer]

If you think you might have a case, and can't be bothered to argue it, then euclaim.co.uk can fight it for you, but IIRC they take 30% of what they recover.

When I sued BA, the case was so clear cut that it wasn't worth handing over 30% to them.

There is an article about them in the Guardian from 2008 here.

[TheFaQQer]

Does it apply to UK-UK flights ?

Yes - any flight that has departs from, or lands in an EU country is covered

What is the difference between a delayed and a cancelled flight (e.g. one of my flights this winter was definitely cancelled because of snow, but the insurance company argues it was a delayed flight as I then rebooked another flight in two weeks with the same airline)?

Your flight wasn't delayed - it was cancelled and you then rebooked on a different flight, albeit with identical times.

There is some good information on the EU regulations (which is perhaps irrelevant to your argument with the insurance company) on Wikipedia. When I was arguing with BA, I made sure I had a printed copy of the regulations in front of me to make sure that I was in the right.

[lje]

Does it apply to UK-UK flights ?

What is the difference between a delayed and a cancelled flight (e.g. one of my flights this winter was definitely cancelled because of snow, but the insurance company argues it was a delayed flight as I then rebooked another flight in two weeks with the same airline)?

Sorry - I don't know the answer to this.

[Lumiere]

You should be able to claim if you are an EU citizen and your flight is delayed by more than 5 hours. You should get food and accomodation but no extra 'inconvienience' money. If you ask for a refund instead of rerouting you wouldn't be entitled to any accomodation/food costs after you got the refund.

Does it apply to UK-UK flights ?

What is the difference between a delayed and a cancelled flight (e.g. one of my flights this winter was definitely cancelled because of snow, but the insurance company argues it was a delayed flight as I then rebooked another flight in two weeks with the same airline)?

[TheFaQQer]

I once took BA vouchers instead of cash because they were offering more. It turned out not to be such a generous offer when getting back to the UK to cash them in would have cost too much in time off.

I've taken BMI vouchers before when I got bumped, because they paid twice the amount in vouchers than they did in cash and I was flying every week with them so was going to spend the money anyway.

[Sysman]

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.

I once took BA vouchers instead of cash because they were offering more. It turned out not to be such a generous offer when getting back to the UK to cash them in would have cost too much in time off.

[SupremeSpod]

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

Cagey slitty-eyed yellow Bastards!!
Acts of God AND Acts of Godzilla eh?

ftfy

[shaunbhoy]

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

Cagey Bastards!!
Acts of God AND Acts of Godzilla eh?

[Pondlife]

And this Godzilla thing. You think it likely then?

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

[shaunbhoy]

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.

[stillooking]

And this Godzilla thing. You think it likely then?

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

[stillooking]

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

[shaunbhoy]

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?

[TheFaQQer]

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.

[stillooking]

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