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Hi all I’m looking for some advice. I flew back from Las Vegas to Gatwick toward the end of October and we were over 4 hours late landing at Gatwick so of course I put in my claim to BA.
The inbound plane was delayed and then we waited in Las Vegas and then after leaving the stand we had to return so a fault with the aircraft could be fixed. I was told by the gate agent in Las Vegas the issues were “crew” issues. So I fully expected my claim to go through smoothly but BA have denied it.BA reasoning is ” just to be clearer the decision also takes into account the previous sector, hope this helps. As your flight was delayed due to due to the weather conditions Air Traffic Control imposed management decisions en route to London Gatwick. Although some flights were able to operate as normal, your flight was one of those we had to delay.”
Now there was no delay on the flight itself after take off so I assume BA are talking about the later departure of the plane which then arrived late to pick us up in Las Vegas. However I can find no evidence of poor weather in London or Las vegas, a friend flew with Virgin and took off a similar time to my scheduled departure with no issue. I am also assuming that my flight/ aircraft just goes back and forth between Gatwick and Vegas and I can see no delays in the days proceeding mine so again I don’t know how they are blaming weather or a late arriving aircraft being out of their control.
I have stated these points to BA and asked them to prove the reasoning of adverse weather but they haven’t even attempted to do so and now say they will not respond to me.
So what is my next course of action? I don’t know what the next step should be but I don’t want to give up as I feel BA are really just trying to get out of paying what they legally owe.
Any help very much appreciated! Thanks all.Your only option is now to take BA to CEDR. MCOL is also a possibility but I wouldn’t pursue that path in this sort of case as BA could come up with evidence such that you lose the case having paid fees.
CEDR is free and BA will have to provide the evidence you asked for if their ‘extraordinary circumstances’ defence is to succeed.
I’m sure @JDB will be along shortly to better explain how delays on previous rotations can mean no delay compensation is payable.
One thing i will say though it that this is not a good assumption to make.
I am also assuming that my flight/ aircraft just goes back and forth between Gatwick and Vegas
The same plane does not always ply the same route day in day out. More often than not the schedule does not permit it.
If you wish to take it further then CEDR and MCOL are your options.
The aircraft G-YMMP positioned from Heathrow to Gatwick. Looks like this was supposed to happen at 9am but was delayed until 11.27am arriving 11.49am. Presumably the aircraft needed catering etc
Departed 3hrs 10 minutes late outbound but for some reason ended up picking up further delay in LAS eventually arriving back at LGW 4hr 5 min late
If the positioning sector picked up an ATC delay is quite feasible that they may not need to pay compensation. I’d take them to CEDR and see what the breakdown/ evidence is
The aircraft G-YMMP positioned from Heathrow to Gatwick. Looks like this was supposed to happen at 9am but was delayed until 11.27am arriving 11.49am. Presumably the aircraft needed catering etc
Departed 3hrs 10 minutes late outbound but for some reason ended up picking up further delay in LAS eventually arriving back at LGW 4hr 5 min late
If the positioning sector picked up an ATC delay is quite feasible that they may not need to pay compensation. I’d take them to CEDR and see what the breakdown/ evidence is
Hi @SamG are you saying the plane flew from Heathrow to Gatwick in the morning and then onto pick me up in vegas? Out of interest how do you know this? I have been trying to find a way to know a particular aircrafts movements but couldn’t find one.
Thanks all for the advice, I think I will pursue CEDR and hopefully at least get some clarity on the situation and force BA to prove their case.
@BigJ84 BTW there’s a website called flightradar24 and it’s also an app that details aircraft movements.
Yes from Flightradar24.
There is usually at least 1 x LHR bird flying out of Gatwick so it’s possible they swapped them that morning or they positioned another one in to cover for a sick LGW bird
Thanks all for the help / advice.
I signed up for a free trial of flight radar so have been looking at the planes movements.
I checked the aircraft movements and it looks like it arrived at Heathrow on time but as @SamG says it looks like it left for Gatwick over 2.5hours late. Again the weather on this day looks fine from what I can see so I don’t know what BA are talking about.
I will see if I can get another response from BA with these additional details and if no luck will go the CEDR route.
Thanks again allHi all, just wanting to come on and provide an update and maybe some hope to others! I have now had my full £520 payout from BA. When I pointed out the aircraft movements they finally agreed to pay compensation, no reason was given for the change of heart or why the weather was suddenly no longer adverse. They did however state the delay was under 4 hours so only £260 was due.
I then had to go back to them again stating the actual arrival and the planned arrival time and they then agreed to pay the full amount in a second payout which I have now received.
So I urge anyone having difficulties with claims to stick to your guns if you believe you are owed one. I didn’t even have to get as far CEDR but it is frustrating that it seems BA will just try multiple times to fob you off of compensation you are entitled to.
Once again. Thanks all for your help and advice on this!Good to know, and well done for perseverance. I’m currently waiting for a BA response to a claim. I think snails move faster!
Well done on your success, what a great bunch of people on here helping out. Agree, gives us hope of BA folding, the odd time…
Yes I’m very thankful for the help on here. Good luck to you Jill, they do move very slowly!
Well done on your success, what a great bunch of people on here helping out. Agree, gives us hope of BA folding, the odd time…
It actually isn’t just the odd time. Given the number of BA flights HfP readers take, we actually see remarkably few stories of failed claims. BA pays lots of claims at the first time of asking if they are valid and if BA refuses on spurious grounds and it’s put back to them effectively, that then results in a whole lot more getting paid. As @meta wisely said today in another thread, a lot rides on how you present your case and overstating one’s case is as bad as missing key elements. The passenger really needs to help BA, CEDR adjudicator or MCOL judge find in their favour by presenting the facts (which obviously also need to be correct) in a compelling manner. It does of course rely upon the passenger having a genuine claim and we do read here of quite a few erroneous ones…
At the first stage, BA can quickly see who means business and who they can fob off and most airlines work in this way. In my experience, BA is roughly in the middle and tending towards the upper half of European airlines.
Well done on your success, what a great bunch of people on here helping out. Agree, gives us hope of BA folding, the odd time…
At the first stage, BA can quickly see who means business and who they can fob off and most airlines work in this way. In my experience, BA is roughly in the middle and tending towards the upper half of European airlines.
@JDB, what im mostly taken from you and others advice is not to waffle. Short and factual.
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