BA 0846 on 18 December 2010, 08.15 shall I take them to Small Claims Court?

[boloney]

Hi all, I`m new on this forum, sorry for my English, hopefully you will be able to help me.

Thanks in advance

 

My correspondence with British Airways:

 

Dear Sir/Madam

 

 

Reservation number

Date and time of flight: 18.12.2010, 8.00 a.m.

Time British Airways notified about cancellation: 18.12.2010, 6.47 a.m.

Passengers additional cost because of cancellation: 242.16 GBP (new ticket 553.36 GBP, taxi to and from LHR to London 85 GBP)

 

 

Passengers booked on this flight present themselves at the airport about 5 a.m. they did not receive notification

about cancellation until 6.47 A.m. Staff at the quick drop desk did not give us any information, we ask for manager on duty, but

manager did not give us enough information, we have been advised not to que at Customer service desk because of the infant travelling

with us, she told us to call British Airways phone line, we tried about 20 times, every time we been cut-off.

Nobody was interested what`s gonna happen, we have been left without any help, information(breach Article 14:An airline denying boarding

or cancelling a flight should provide each passenger with a written notice setting out the rules for compensation and assistance.

It should also provide each passenger affected by a delay of at least two hours with an equivalent notice. The contact details

of the enforcement authority in the Member State should also be provided to the passenger in written form. ) by drop-off desk.

Based on the Regulation 261/2004/EC passengers on a cancellation are also entitled to monetary compensation. The amounts vary

according to the distance of the flights. Passengers should receive 250 euros where the cancelled flight is for 1,500km or less,

(LHR to WAW 1471 km).

British Airways breach also Article 8.1 provides that refund of the flight and compensation payments provided for the in

the Regulation should be made within seven days by cash, electronic bank transfer, bank orders or bank cheques or, with the signed

agreement of the passenger, in travel vouchers and/or other services.

We received refund on 17.01.2011, cancellation was on 18.12.2010.

 

 

So, we wish that British Airways cover all money we lost (242.16 GBP) and pay compesation(Article 5.3 provides that the air carrier

shall not be obliged to pay compensation if it can prove that the cancellation is caused by extraordinary circumstances which could not

have been avoided even if all reasonable measures had been taken. The Regulation gives the following examples of extraordinary circumstances:

political instability; bad weather; security risks; unexpected flight safety shortcomings; strikes that affect the operation of an air

carrier and air traffic management decisions. ) for 3 passengers (3x 250 euro) 750 euro.

Unless British Airways have a good reason for cancellation of this flight and can proof it, if not we will and up in Small Claims Court.

If you decide not to cover money we lost and not to pay compesation please send to us the post address that I should give it to the court.

 

BA response 26.01.2011

 

Dear Mr

 

 

Thank you for taking the time to contact us about your recent experience with British Airways. I am sorry you did not receive the high level of service you expect from us. I understand why you are dissatisfied. Please accept my apologies.

 

 

We are determined to provide the highest possible level of service to our customers. This includes your contact with us before and after you travel, as well as during your journey. We have a senior manager responsible for customer experience. Your feedback is vital to us because it means they can identify which areas must be improved as a priority.

 

 

The recent severe weather means we are much busier than usual and we are aware that we are taking longer than normal to respond to our customers. I am sorry for not replying to you in as much detail as I would like, but please be assured we do take your comments very seriously.

 

 

In order for us to be able to investigate your case further, we would need to have receipt of your out of pocket expenses for any delays/cancellations incurred. Please send in original copies of these, please quote the case reference shown below on all correspondence.

 

 

We know we operate in a very competitive market and genuinely value the confidence and trust you place in us when you choose to travel with British Airways. Once again, I am sorry you have been so disappointed. I do hope that we can welcome you on board again soon.

 

 

 

 

Best regards

 

Me again on 30.01.2011

 

Dear Mr

 

I would like to send you copies of my receipts but you did not give me the address where should I send them.

Anyway I wish keep original copies of them to the time British Airways cover all my expenses, just in case we will end up in Small Claims Court. If you are interested in copies of my out of pocket expenses please give me address I should use to send them to you.

 

Kind regards

 

BA on 01.02.2011

 

Dear Mr

 

 

Thank you for your email.

 

Please send original copies of you reciepts to the address below:

 

British Airways,

 

Customer Relations,

 

PO Box 5619

 

Sudbury,

 

CO10 2PG

 

If we are able to settle your claim, the fastest and most secure way to do this is by bank transfer to a UK account. Please provide the following information when you send you reciepts in so we can set up the bank transfer if required:

 

 

Bank name

Branch name

Sort code (6 digits)

Account number (8 digits)

 

 

 

If you would like to fax us your details our fax number is 01787 883 195 or you can send your details by email. Please feel free to send more than one email or fax if you are concerned about providing all your information at once, and include your customer relations reference number on all correspondence.

 

 

 

 

 

 

Thank you again for your email. I do hope you will choose to travel with us again in the near future.

 

 

 

 

Best regards

 

 

After this one i sent the letter by post, with photocopy of the receipts of out of pocket expensen

 

BA respose 13.02.2011

 

Dear Mr

 

 

Thank you for contacting us about your claim for compensation.

 

 

Your claim for compensation has been refused because BA0846 on 18 December 2010 was cancelled due to circumstances outside British Airways' control resulting in insufficient flight crew to operate the service. Under EU legislation, British Airways is not liable for a compensation payment in this situation.

 

 

Unfortunately airline operations are subject to circumstances outside the airline's control. British Airways takes all reasonable measures to avoid cancelling a flight in such circumstances. Consideration is given to whether there are any operational options available before a decision to cancel is made. We are sorry that cancellation was necessary in this case.

 

 

Thank you for following this up with us and I hope you will fly with us again soon.

 

 

 

 

Best regards

 

And me again today

 

Dear Sir/Madam

 

Firstly: when you replay to this message please do not use templates.

Secondly:

Basen on the Regulation 261/2004/EC Article 5.3 provides that the air carrier

shall not be obliged to pay compensation if it can prove that the cancellation is caused by extraordinary circumstances which could not

have been avoided even if all reasonable measures had been taken. The Regulation gives the following examples of extraordinary circumstances:

political instability; bad weather; security risks; unexpected flight safety shortcomings; strikes that affect the operation of an air

carrier and air traffic management decisions.

 

We did not see any prove so far, so question is can British Airways prove it?

 

Thirdly:

British Airways breach Article 14:An airline denying boarding

or cancelling a flight should provide each passenger with a written notice setting out the rules for compensation and assistance.

It should also provide each passenger affected by a delay of at least two hours with an equivalent notice. The contact details

of the enforcement authority in the Member State should also be provided to the passenger in written form.

 

We did not receive any information of British Airways staff at the airport.

 

Fourthly:

British Airways breach also Article 8.1 provides that refund of the flight and compensation payments provided for the in

the Regulation should be made within seven days by cash, electronic bank transfer, bank orders or bank cheques or, with the signed

agreement of the passenger, in travel vouchers and/or other services.

 

We received refund on 17.01.2011, cancellation was on 18.12.2010, so that was 4 weeks, shall be 7 days.

 

Can you please explain above, please do not use templates.

Based on the above statement British Airways shall cover out of pocket expenses [242.16 GBP (new ticket 553.36 GBP, taxi to and from LHR to London 85 GBP)] and pay compensation (3 x 250 euro) 750 euro.

Otherwise we will take this case to Air Transport Users Council and Small Claims Court without further notice.

 

Kind regards

 

All that does`t take us anywhere, they use templates, crazy but this what they do.

Do you all think have I any chances in court?

[honeybee13]

Hello there, I imagine all this [not particularly easy to follow, but that could be me] happened during the snow?

 

My best, HB

 

PS You don't seem to be that new to the forum, you've been here longer than me!

[boloney]

Hello there, I imagine all this [not particularly easy to follow, but that could be me] happened during the snow?

 

My best, HB

 

PS You don't seem to be that new to the forum, you've been here longer than me!

 

We shall take off at 8.15, there was no snow at all. I did't post anything before this one