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Would appreciate any advice. I booked to fly with BA and was due to fly at 8pm from London. The flight was delayed and at arounf 11.30pm, BA said it was too late to take off from the airpory and was postponing the flight until 1pm the next day. The couldnt offer accommodation and said find it yourself. I had an onward flight that I missed as a result and wouldnt be able to get to my final destination on time for an appointment so I decided not to fly. I first wrote to BA who initially communiated with me after a number of month wait and then ignored me. I eventually had no choice but to bring the case to CEDR. BA are saying that they will return the cost of the tickets but no compensation will be paid for the delay as I failed to take the flight. However it firstly took BA over 3hr to advise of the flight delay and then rescheduled the flight for 14hrs later. I also missed my connecting flight so does that become an expense too. What should I be entitled too.
Can you clarify –
Was the onward flight was part of the same booking or if it was a separate one?
What was the route?
What reason did they give for the cause of the delayed flight?
BA is correct in that you aren’t entitled to delay compensation for a flight on which you didn’t travel. Obviously, had the flight been cancelled would have been a different issue but say it’s an overnight delay. It’s not clear when you decided not to fly, so effectively cancelling and seeking a refund, BA no longer has any Article 9 ‘right to care’ obligations, eg hotel or food. If the connecting flight was on a separate booking, BA has no responsibility, but you could look to see if it might be covered by travel insurance. If it was on one booking, in cancelling the first flight you have forgone any rights owed to you by BA. Unfortunately, the fact that BA took 3 hours to advise you of the overnight delay etc. is poor customer service but doesn’t affect any compensation. It’s academic now, but you could have asked BA to reroute/rebook you on an alternative flight, even with another carrier; that right kicks in after five hours of delay.
Unfortunately I think BA might be correct. When did you choose not to fly? And when did you communicate this decision to BA?
The right to a refund usually only kicks in after a delay of 5 hours which a delay overnight from 8pm to 1pm the next day surely is.
As for compensation I think it is an either / or situation ie you can’t ask for a refund and compensation.
Regarding the second missed flight was that on the same PNR as the BA flight or a separate booking? If on a separate booking then that’s a consequential loss and one for your travel insurance.
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