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British Airways compensation a joke

Inverkeithing...
posts: 16
British Airways compensation a joke

my sister in law and 6 yr old child was due to fly home from beijing to heathrow on sun 1st sept.with British airways. At first they said flight was delayed a couple of hours then were told it was cancelled completely. they were taken to hotel and told to wait there. to cut the story short after many phone calls and a lot of anxiety they arrived home on wed 4th at 11pm. my brother has written to B.A about compensation and he got a reply this morning saying sorry it was due to a bird strike and offered him a £150 e voucher which had to be used by 10th sept(yesterday) where does he go to now to take compensation claim further

41 replies to this topic
Edinburgh, United...
posts: 7,534
reviews: 15
1. Re: British Airways compensation a joke

"where does he go to now to take compensation claim further"

He doesn't since bird strikes are exceptional circumstances. He is legally entitled to nothing so should be grateful for a £150 voucher. I'm guessing he misread the expiration date and that it is 10/9 next year. If not, it's almost certainly an error on BA's part that I'm sure they will be happy to correct.

Edited: 8:17 am, September 11, 2013
Liverpool, UK
posts: 9,401
reviews: 14
2. Re: British Airways compensation a joke

If the delay was caused by a bird strike this was outside the airline's control and would be considered exceptional circumstances which means the delay compensation under EU 261 is not due and the airline's responsibility was a duty of care during the delay which they seem to have met with the hotel (assuming they also provided meals).

All you can do is write to BA expressing dissatisfaction - you might get a voucher with a longer time for use or some FF miles.

uk
posts: 2,617
reviews: 73
3. Re: British Airways compensation a joke

I am assuming the BA paid for the hotel and provided meals during the delay.

If you have any additional out of pocket expenses, such as extended car parking, I would suggest claiming on travel insurance.

As Lex states, I imagine the expiry date is an error which I am sure BA will correct.

Nuremberg, Germany
posts: 2,915
4. Re: British Airways compensation a joke

At least in Germany there is a court ruling that bird strike is not an exceptional circumstance (County Court Hannover 543 C 1945/11 dated 7th June 2011). This ruling was upheld at the appeals court on 18th January 2012 (District Court Hannover 14 S 52/11).

But bird strike is, since April 2013, on the preliminary EU list of exceptional circumstances …europa.eu/transport/themes/passengers/air/d…

I therefore doubt that similar rulings like above will be made in future.

Oxford, United...
Destination Expert
for St Barthelemy
posts: 698
reviews: 256
5. Re: British Airways compensation a joke

What compensation is the OP after ? Assuming the voucher expiry date is next year then I don't think the compensation offered is unreasonable and certainly not a joke. BA appear to have offered accommodation and meals, and go the OP home safely eventually

tucson, az
posts: 1,712
reviews: 6
6. Re: British Airways compensation a joke

>>At least in Germany there is a court ruling that bird strike is not an exceptional circumstance (County Court Hannover 543 C 1945/11 dated 7th June 2011). This ruling was upheld at the appeals court on 18th January 2012 (District Court Hannover 14 S 52/11).<<

Just out of curiosity, why wouldn't they consider it an exceptional circumstance? It's not like anyone can control birds.

Travelling The World
posts: 11,343
reviews: 18
7. Re: British Airways compensation a joke

"It's not like anyone can control birds."

Airports have teams of people that do just that.

tc.gc.ca/eng/…tp13029-airports-115.htm

Edited: 10:12 am, September 11, 2013
Nuremberg, Germany
posts: 2,915
8. Re: British Airways compensation a joke

The court reasoned that bird strikes are a typical problem of airline operations and therefore countermeasures, like spare aircrafts or avoiding measures at the airports, are reasonable for airlines to avoid delays due to such incidents.

@fatbear200

The OP is after compensation in line with EU regulation No. 261/2004.

Brechin, United...
Destination Expert
for Disneyland Paris, Marne-la-Vallee
posts: 3,394
reviews: 35
9. Re: British Airways compensation a joke

And what would having spare aircraft do to ticket prices?

Romford, United...
posts: 2,066
reviews: 23
10. Re: British Airways compensation a joke

Something doesn't ring true on the BA explanation of "Bird Strike" as flight 0039 LHR-PEK on August 31 took off and landed 2hrs 40mins late(in other words a normal flight time), this aircraft was due to become 0038 on September 1, so I'm wondering where and when did this bird strike took place?

Is there anywhere the OP can obtain independent verification of the incident? the reason I am suspicious is that I assume the BA fulfilled their obligations for hotel food etc during the delay but they are not exactly known for their non contractual generosity and this would definitely be classified as "extraordinary circumstances"

Edited: 11:12 am, September 11, 2013
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