Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Claim flight compensation cancelled flight ??

37 replies

hollyhee111 · 13/09/2019 23:54

Hi all - my dads flight was cancelled ( British airways ) Heathrow - South Africa . It was due to fly Tuesday 10th but got cancelled to Wednesday the 11th 7.05 pm , he went to London to then be told it was delayed until Thursday the 12th 9.50am . He was told about the initial cancellation 15 days prior ( so I understand no refund probably ) BUT would he be entitled to full £540 compensation based on the flight that was delayed on the Wednesday ?? They did put him up in a hotel etc . But looking online I'm a bit confused where he stands

OP posts:
ContinuityError · 14/09/2019 09:41

Just reread that OP’s dad was put up in a hotel at BA’s expense on the Wednesday evening, so would just be claiming compensation for the delay. I’d still give it a try.

Dontforgetyourbrolly · 14/09/2019 09:55

Continuity sorry to hear that , I've only had positive experiences via their travel trade support

hollyhee111 · 14/09/2019 19:15

@Dontforgetyourbrolly what about the second flight that they delayed ?? He only found out that was delayed when he arrived at the airport - they put another flight on 14 hours later ? Thanks

OP posts:
MrsMaiselsMuff · 14/09/2019 19:24

You can claim compensation where a flight is cancelled due to airline staff striking, that is not an extraordinary circumstance. BA are getting around it by cancelling flights before the qualifying 14 day period, if a flight is cancelled before this point no compensation is due.

In the OP's circumstance, the second date was not a strike date, and he was not made aware of the cancellation 14 days in advance. Therefore there may be grounds for compensation, depending on the reason for the cancellation.

hollyhee111 · 15/09/2019 04:02

My father just send me this as I was unsure of exact details -

Officially I found out when I arrived at the airport. I had checked in online the night before and the flight was confirmed. And my train ticket to London was already booked and paid for. Flight delayed due to industrial action? I was only given a night in a hotel by ba. (I did know in advance but not not notified personally by ba). Causing me to be absent from my buisness in S.A. For a total of 3 days, ony arriving at my residence in the early hours of Friday morning and having to pay R800 for a taxi. Don't forget my original fight had already been cancelled by ba.xxxx

OP posts:
BuffaloCauliflower · 17/09/2019 22:02

@Dontforgetyourbrolly sorry I forgot to check back on this, thank you. We don’t have a tour operator, the flights are booked directly with BA. They’re business class flights and were Avios club members. Hopefully it is too close to the 27/28th to cause problems. Argh what a pain!

15thOctober2019 · 17/09/2019 22:08

Go to the BA forum on FlyerTalk. A specific thread and lots of great advice.

www.flyertalk.com/forum/british-airways-executive-club/1948451-2019-ba-compensation-thread-your-guide-regulation-ec261-2004-a.html

15thOctober2019 · 17/09/2019 22:08

Go to the BA forum on FlyerTalk. A specific thread and lots of great advice.

www.flyertalk.com/forum/british-airways-executive-club/1948451-2019-ba-compensation-thread-your-guide-regulation-ec261-2004-a.html

Fruitbatdancer · 17/09/2019 22:17

Yes he should get the compensation. It’s happened 3 times to me. Once for an aircraft that broke before take off, once for a hurricane (hurricane over but planes in wrong place) once for overbooking. Never an issue.

BuffaloCauliflower · 18/09/2019 07:29

@Fruitbatdancer those incidents aren’t the same as a pre planned strike

rrg1 · 18/09/2019 08:28

I have claimed several times and have had legitimate claims refused, which seems to be part of some airlines policy, as they expect you not to take it any further.
My claims have been in and out of Spain where the Government offer a free appeals service. Here is a link, it is in Spanish, so click the translate button if using Chrome.

www.seguridadaerea.gob.es/lang_en/particulares/cancelac_retraso/default.aspx

Under EU law, you're only entitled to compensation if you hear from the airline less than 14 days from the date you're due to fly that your flight is cancelled.

If the airline warned you of the cancellation at least two weeks prior to your scheduled time of departure, you won't get compensation but you'll get a refund.

Is a strike an extraordinary circumstance?
Airlines are not always obligated to offer compensation following a strike because strikes are usually considered to be 'extraordinary circumstances'. These are situations beyond the control of the airline, and can include adverse weather conditions as well as certain strike action.

But when a a flight is delayed or cancelled due to strike action taking place by the airline's own employees (eg. pilots, airline staff), then the airline is required to pay compensation to passengers.

Even sudden 'wildcat' strikes aren't classed as extraordinary circumstances when the industrial action has been called by an airline's staff rather than a third party, such as an air traffic control or a baggage handling strike.

This principle was confirmed by European judges in the German case of Helga Krüsemann and Others v TUIfly GmbH and will be legally binding throughout Europe and in the UK.

It remains the airline’s responsibility to ensure it has contingencies in place to guarantee you still arrive on time.

Hangingwithmygnomies · 18/09/2019 18:33

@BuffaloCauliflower the strikes have been called off for next week so you should be fine. Now I have the fun job of trying to get passengers we moved back onto their original cancelled flights 🙄

New posts on this thread. Refresh page
Please create an account

To comment on this thread you need to create a Mumsnet account.

This thread is closed and is no longer accepting replies. Click here to start a new thread.