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My mother was recently on the journey from hell, and I’m just wondering how I can help her with getting the aftermath sorted out when she’s back from her holiday. She was due to fly a few days ago LHR-SEA, on a BA ticket (AA metal). Firstly, the flight was cancelled at short notice, and she was put on a flight 17 hours later, and put up at LHR. Then, on the way over, they had to make an emergency landing at Reykjavík due to a problem with the oxygen system. This meant another overnight stay, before getting back on the plane the following day. she finally got to Portland (final destination) more than two days behind schedule. According to her, BA would not answer calls, and no one at AA was willing to help.
She is very unlikely to do anything about it when she gets back, but it seems to me that this type of chaos is probably eligible for some sort of compensation, is that correct?
In principle your mother should be eligible for €600 compensation for the short notice cancellation of the first flight and the failure to reroute within the 1hr/2hr time window if less than seven day’s notice, unless AA can claim ‘extraordinary circumstances’. She needs to claim that from AA as the operator of the flight.
Re the flight she eventually travelled on, new UK261 rights should attach to that flight such that should be eligible again for compensation. In view of the delay to that flight being caused by the emergency landing en route, it’s very likely that ‘extraordinary circumstances’ will be claimed by the airline, but because it appears to relate to a technical issue that may not be justified; it will depend on the precise circumstances.
In respect of expenses, your post suggests that the airline(s) have already covered the cost of accommodation in London and Reykjavik, but if not she is entitled to reclaim any hotel costs she incurred plus food and communications costs.
She’s been offered the standard £520, although this seems a little light for what turned into a three day delay. Should she push for more, would it just be at the airline’s discretion?
That is the statutory compensation
Given AA are the cause of this as operator of the originally cancelled flight they need to be approached if you want any more but don’t bet on it.
Just because the ticket was booked via BA does not mean they are responsible or was the flight diverted to KEF on BA metal?
Thanks. That’s what I told her as well, but I wasn’t sure.
She’s been offered the standard £520, although this seems a little light for what turned into a three day delay. Should she push for more, would it just be at the airline’s discretion?
The point of the UK261 legislation is to provide simple, standardised compensation as it is not realistic for an airline, adjudicator or court to assess damages for each case. It’s tough that someone delayed by four hours and barely inconvenienced might get the same as your mother who clearly had the most horrendous journey. However, I did mention at the outset that your mother is potentially eligible for £520 compensation both for the originally cancelled flight and also the second rerouting flight but you need to ask – they won’t volunteer compensation. You don’t say which airline the rerouted flight was with, but if it was also AA, you need to tell them or make a separate claim to whichever airline operated the flight.
All flights were on AA metal
All flights were on AA metal
OK, so you need to ascertain which flight AA has paid the £520 for. They owe your mother £520 cancellation compensation for the first flight under Article 5.1(c)(iii) as they failed to provide a rerouting within -1/+2hrs.
Your mother’s UK261 rights then start all over again for the replacement flight, which was delayed by over four hours for what sounds like a technical fault, which ought to make her eligible for £520 delay compensation. AA may argue ‘extraordinary circumstances’ but technical issues such as the oxygen failure you describe are rarely considered as such. If they refuse, you will need to send them a letter before claim setting out why their ‘extraordinary circumstances’ defence is not tenable and take them to MCOL (in your mother’s name) if they still don’t pay as I don’t think they participate in ADR.
These are two entirely separate matters, so you need to get away from the narrative of it being one trip arriving more than two days behind schedule – you don’t get extra for that and it distracts from the actual legal position.
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