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Forums Other Flight changes and cancellations help Flight cancellation – compensation due?

  • Tom2 113 posts

    Friend of mine travelled from Dubai to London on BA a couple years ago.

    She ended up arriving back 12 hours late due to a last minute cancellation caused by baggage staff damaging something on the plane.

    Compensation claim was denied by BA because the delay was caused by a 3rd party out of their control. Should this have been denied or if she took this to court would she win?

    NorthernLass 8,220 posts

    I think you can claim up to 6 years after the travel date but questions might be asked about why she left it so long and it will be extremely difficult to prove if (when) BA tries to deny liability. Was it actually cancelled or just delayed? Technical faults are eligible for delay compo so it might well be that damage (however caused) also counts. I wonder if it’s ever been tested before?

    Tom2 113 posts

    She attempted to claim with BA but was told no compensation was due under EU regulations, she took that at face value and thought that was the end of the road. She has the email denial from BA stating the damage being caused by a 3rd party.

    My initial thought was it was no different to technical faults but I am far from certain!

    The flight was cancelled and she was rebooked on to another flight.

    • This reply was modified 54 years, 5 months ago by .
    meta 1,470 posts

    She can claim up to 6 years post-flight. No questions regarding when you claim will be asked by the court. BA might try to argue that it’s too late, but it’s rubbish. You just pre-empt this in the LBA and say it is your right to claim at any point within 6 years.

    In fact, I claimed for a delay compensation and duty of carr in 2019 for DUB-LCY flight I took in 2015. I initially corresponded with BA and they kept on denying, but I just didn’t have time to continue as I was travelling extensively and had crazy hours. In early 2019, I decide to send LBA, then went to MCOL. BA couldn’t muster up any excuse as they ´lost’ all records of that flight. I kept all the original correspondance plus a recording of captain’s announcement. BA settled before the hearing.

    Lady London 2,139 posts

    I think you can claim up to 6 years after the travel date but questions might be asked about why she left it so long and it will be extremely difficult to prove if (when) BA tries to deny liability. Was it actually cancelled or just delayed? Technical faults are eligible for delay compo so it might well be that damage (however caused) also counts. I wonder if it’s ever been tested before?

    I agree with you Anna it’s the same as a technical fault. It’s their own staff or their own (directly or indirectly) contracted services that caused a problem with the specific plane the passenger was travelling in or that had been allocated to the flight the passenger was booked on.

    Delay over 4 hours, not an exceptional circumstance and not out of the airline’s control due to the above. Over 4 hours delay so 600 euros compensation under EU261 or its UK equivalent, per seat even on a 241.

    If extra hotel in DXB needed due 12hr delay, claimable under separate duty of care section of EU261 as well. Plus all extra meals required due to the extended wait time, internet or 2 phone calls, transport to and from the hotel. In addition to the above.

    Send a Letter Before Action (search HfP for how/where) giving them 28 days and MCOL. Don’t CEDR this one as you want what’s fair and square in the law on your side and there is no point taking the risk of a perverse decision at CEDR. Your small fee is returned when you win.

    Does not matter provided it’s within 6 years. Your approach if it comes up is that you had given up all hope after BA’s denial at the time and recently met someone who told you this was incorrect.

    • This reply was modified 54 years, 5 months ago by .
    Lady London 2,139 posts

    PS was tbe flight number 12 hrs later different? It sounds like it would have been. This would make getting all of the above easier.

    Lady London 2,139 posts

    PS was tbe flight number 12 hrs later different? It sounds like it would have been. This would make getting all of the above easier.

    PS was tbe flight number 12 hrs later different? It sounds like it would have been. This would make getting all of the above easier.

    .
    PPS also same as no exceptional circ if incoming plane is late. So if baggage issue occurred unloading previous flight still must pay compo

    Tom2 113 posts

    Thank you all. Will advise her to send the LBA and see what they say!

    She was put on a different airline by BA so will be completely different flight numbers so demonstrating the delay should be very easy.

    • This reply was modified 54 years, 5 months ago by .
    Lady London 2,139 posts

    Yes it’s clearly a cancellation claim now. This is because the flight number she travelled back on was different.

    If it was just a delay claim – ie left on same flight number same day but landed later than scheduled then the claim is more finely tuned than a cancellation claim. Change of flight number=cancellation so game over for the airline : it’s a cancellation.

    This is a cancellation claim so you have just the exceptional circa/circs that couldn’t possibly be avoided by the airline to get over to get the 600 euros per seat. That’s why I put my logic above.

    Duty of care part is always payable regardless of the airline being able to weasel out of compensation part. So whatever the reason or not airline’s fault, any airline subject to EU261 / UK261 has to pay the expenses listed along with hotel and meals above.

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