EU late/cancelled flight compensations claims

[knasty]

Hi,

Has anyone pursued a compensation claim for a cancelled flight? My delay was 3 hrs 14 mins when BA put me on Air France after BA26 was cancelled. This is their response to my request for the EUR300. At the time the transit desk in HKG gave no info as to the cause of the flight cancellation - seems to me they could use a number of excuses to claim 'extraordinary circumstances', or it could be true...

Thank you for contacting us. I apologise for the delay in replying to you.
Your claim for compensation has been refused because flight BA0026 on 14 March 2014 was delayed due to unexpected flight safety shortcomings, which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation.
The aircraft was damaged by a foreign object during the preceding flight and this is outside our control and constitutes as extraordinary circumstances.
Unfortunately airline operations are subject to circumstances outside the airline's control. British Airways takes all reasonable measures to avoid delaying a flight in such circumstances. Consideration is given to whether there are any operational options available before a decision to delay is made. We are sorry that the delay was necessary in this case.
Thank you for following this up with us. I do hope we have the chance to welcome you on board again soon.

 

[n7of9]

just curious, how did you suffer EUR300 worth of troubles in 3 hours and 14 minutes?

 

[kelvedon]

This BBC article shows the links to your EU and US rights, and an app. It's from dec 2012 but I'm not aware of any changes to the airlines obligations since. The answer hopefully lies there.

BBC - Travel - Pocket guides to flyer?s rights : Travel Tips

 

[knasty]

just curious, how did you suffer EUR300 worth of troubles in 3 hours and 14 minutes?

The compensation scheme is not related to direct expenses. If the delay was more than 4 hours it would be EUR 600 at stake.

 

[RooFlyer]

Hi,

Has anyone pursued a compensation claim for a cancelled flight? <snip>

When Lufthansa cancelled my flight from Casablanca to Frankfurt (no advice to me, no offer of alternative flight; I found out at t-5 when I checked status on-line), I made the EU compo claim. It was the most excruciatingly difficult process imaginable#; research since shows that my experience with LH is far from isolated.

They eventually paid up more than the standard EU compo amount for my self paid alternative flight and necessary overnight accom at FRA because I missed my onwards connection, but it took about 2 months and I aged a couple of years.

I wouldn't necessary take BA's reply at face value. Not saying they are lying outright, but they may be being 'economical with the truth'. I'd go back to them and asking them to substantiate their claim, else you will escalate the claim under EU rules (check what these are - there must be some sort of dispute resolution process). If they do refuse to substantiate, or fob you off, do escalate the claim.

# eg finding the portal to lodge the claim; I was in Canada at the end of the affected trip, and a resident of Australia with a European claim. I asked LH by phone where I should lodge and was told different places (internet sites) and it eventually ended up in the Philippines (Asia region). They lost the scanned paperwork twice, 'lost' my address details another time. I swore I'd never travel LH again but (sigh) they are taking me to Europe and back in a few months. Can't beat great J fares.

 

[knasty]

Thanks RooFlyer.

 

[MEL_Traveller]

Hi,

Has anyone pursued a compensation claim for a cancelled flight? My delay was 3 hrs 14 mins when BA put me on Air France after BA26 was cancelled. This is their response to my request for the EUR300. At the time the transit desk in HKG gave no info as to the cause of the flight cancellation - seems to me they could use a number of excuses to claim 'extraordinary circumstances', or it could be true...

Thank you for contacting us. I apologise for the delay in replying to you.
Your claim for compensation has been refused because flight BA0026 on 14 March 2014 was delayed due to unexpected flight safety shortcomings, which prevented the aircraft operating as scheduled. Under EU legislation, British Airways is not liable for a compensation payment in this situation.
The aircraft was damaged by a foreign object during the preceding flight and this is outside our control and constitutes as extraordinary circumstances.
Unfortunately airline operations are subject to circumstances outside the airline's control. British Airways takes all reasonable measures to avoid delaying a flight in such circumstances. Consideration is given to whether there are any operational options available before a decision to delay is made. We are sorry that the delay was necessary in this case.
Thank you for following this up with us. I do hope we have the chance to welcome you on board again soon.

there are companies who will lodge the claim on your behalf. They take 33% plus a processing fee.

costs you nothing to lodge. And given the response by BA it seems you have nothing to lose.

It does however sound like BA might be correct in this case. Engine ingestion covers things such as birds.

 

[serfty]

see this thread from flyertalk:


The BA Compensation Thread: Your guide to Regulation 261/2004 - FlyerTalk Forums

pay particular attention to Post #1, #371, #247,#248,#249 & #294