Christmas Eve flight cancelled on the day …. compensation rights?

[Jipster]

Hi All

I’ve tried to search the forum so apologies if this has been covered a million times already…

All flights were in business in case that makes a difference, rebooked on business too.

Tenerife South to Gatwick for 5pm was cancelled at circa 10am on the day. Offered a rerouting via Madrid same day but with a stopover for the night.

Spoke to BA Silver team who organised a 7am Iberia flight from Tenerife North, Via Madrid and just arrived back. Xmas happiness!

Tenerife North is a significant distance away from Tenerife South and I had to drop off my rental car….

Additional costs were:
Taxi from TFS to Santa Cruz de Tenerife €108
Hotel €300
Room Service dinner €30 (most restaurants were shut for Xmas eve sadly)
Taxi from Hotel to TFN €30

Lost costs were a Taxi from Gatwick £140 which was non refundable within 24h.

Taxi from Heathrow was £148 today instead.

Am I correct in thinking we are due cancellation of £350 per passenger + Compensation for the above?

Comments welcome and thanks in advance!

[BA Flyer IHG Stayer]

Compensation will depend on why the flight was cancelled so do you know why it was cancelled?

Hotel / meals / taxis (but not the lost LGW one) will be covered by duty of care reimbursement

[JDB]

As above, any compensation will depend on BA not being able to claim ‘extraordinary circumstances’ which, given the ATC/weather issues on Christmas Eve, is a distinct possibility. I’m not sure BA is liable for either the lost LGW taxi cost or the LHR one. The LHR taxi is not BA’s problem and the cancelled taxi is a matter for insurance not UK261. You should claim from BA anyway as they will sometimes pay and your insurer will expect you to have claimed from BA first.

[Jipster]

Thanks Both. The flight was cancelled due to ‘techical issues’ accordingly to the phone agent and the text I got was:

“We’re really sorry but your flight has been cancelled today due to operational constraints. To help get your travel plans back on track, we’ll be rebooking you onto the next available flight which you can view in Manage My Booking. Please look out for an email with information. BA EuroFlyer”

We were also told on the phone there were some cancellations out of Switzerland.

Does that help?

[JDB]

@Jipster – the text is suitably vague as “operational constraints” could cover all sorts of things some of which would make you eligible for compensation and some not. The earlier comment by the ‘phone agent is of little or no probative value. You should make a claim and see BA’s response and decided how to proceed from there. The reason for the cancellation doesn’t affect BA’s obligation to cover the costs in Tenerife.

[Bill]

I hope BA don’t state that you should have taken the number 10 bus from TFS and Santa Cruz Intercambiador

Similarly there’s a number 20 bus to TFN.

Neither take much more than 5 minutes longer than a taxi.

There’s a direct bus between the two airports as well

[points_worrier]

I agree with @JDB: I do not believe the lost taxi cost would be covered, certainly under statutory regulations. That doesnt mean you cant ask, nor does it mean BA will definitely say no.

I do believe the taxi cost from LHR would be covered: it is Xmas day, no alternative transport, and it is a different airport and time to originally planned (which would have had public transport).

Practically: put in a claim for everything mentioned, with any justification why you needed to spend them. Along with your EC261 compensation. See what they say. If they come back offering to pay only part of the costs (but really should include hotel), then I would probably accept. You can then try and claim lost taxi off travel insurance if you have it if it is not offered by BA.

[SamG]

I’d be surprised if they didn’t pay those costs, they wouldn’t expect you to be taking buses to save €108 and you had no alternative on 25th

I don’t think anyone will refund the taxi and since you’ll have got home at no extra charge then you aren’t out of pocket anyway

Painful cancellation though for all involved!

[Jipster]

Once again thank you to all for taking the time to respond.

I wasn’t planning on asking for both the LGW and LHR taxi costs, just one. So it seems the LHR cost is the one to go for. There was no public transport option on Xmas day.

Re taxi costs to TFN, we had checked baggage, so a taxi is not unreasonable according to what I have read. Further, we didn’t go straight to TFN as we needed a hotel for the evening so again not unreasonable to get a taxi to the hotel (roughly 6km away from TFN) and then to the airport at 5.30am the next day. AFAIK there are no hotels in or around the airport.

I’ll report back on what comes of the claim.

[Lady London]

Claim all taxis. Don’t try to do the thinking for them. Otherwise you might not claim something tbey would have happily paid for, whilst claiming only something else they won’t.

So I’d just give them all receipts, with any short explanatory few words slongside each, in your claim and see what they come back with.

[baec_newbie]

Worth noting that in any event BA are liable for your reasonable costs in getting from LHR to LGW or “another close-by destination” agreed between you and BA. You did, after all, book to fly back to LGW, not to LHR. It being Christmas Day, a taxi is probably the only realistic option.

If your home was closer to LHR than LGW (i.e. your taxi home cost less than what it would have done to LGW) then I think BA would be on a sticky wicket trying to get out of reimbursing the cost of that, even if it wasn’t strictly speaking agreed upon.

BA’s custom and practice of lying to customers when rebooking to an alternative airport and claiming that they won’t pay for transport to the booked destination certainly doesn’t aid their case in this respect.

The cost of the original pre-booked taxi from LGW may be recoverable under Article 19 of the Montreal Convention although it is a somewhat untested area of law. If it went to trial/CEDR may of course make an argument as to betterment or unjust enrichment (i.e. you would have paid to get home either way, so you can’t claim for both taxis).

[SamG]

The reality is BA are reasonable on taxis at the point of claim and I’d be very surprised if they don’t pay all the taxis actually taken here.

(You are correct that they say in advance they won’t pay though !)

Per Flyertalk the flight was cancelled due to cabin crew sickness and is eligible for compensation

[Ihar]

Claim for everything. What BA don’t pay claim on your travel insurance (but don’t claim twice for the same!)

[Jipster]

Dear All

Thank you once again for the help and advice on this thread.

I am writing to update and state that BA have agreed to pay in full all that was claimed for + £350 per person in line with EU/UK621. It was a fairly seamless process following their online form albeit in this case it was comparatively open and shut given the circumstances.

“So I’d just give them all receipts, with any short explanatory few words slongside each, in your claim and see what they come back with.”

This was excellent advice – thank you.

[pointsfan]

Great outcome. I would take the delay for that compensation!