- August 29, 2023
- Posted by: legaleseblogger
- Category: Related News
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Heading: Flight Cancellation at Bordeaux Airport and the Legal Responsibilities of British Airways (BA)
Introduction
Last weekend, my girlfriend, my son, and I attended a wedding in France. However, upon arrival at Bordeaux airport on the evening of August 28th, we were shocked to discover that our flight had been cancelled due to air traffic control issues. The airline in question is British Airways (BA), and they have rebooked us on the next available flight, which will depart on September 2nd.
Expenses and Claims
Now, the predicament we find ourselves in is that we are required to cover the costs of accommodation and food until September 2nd. Naturally, we are curious about what expenses we can claim back and from whom. We have travel insurance, but both BA and the insurer have been rather vague, only mentioning “reasonable expenses.”
In light of this, my inclination is to meticulously gather receipts for all our expenses and attempt to claim for everything from BA. Subsequently, if there are any expenses that BA refuses to cover, I plan to pursue a claim through our travel insurance. Is this approach in accordance with the proper procedures?
AI Legalese Decoder Assistance
Fortunately, amidst this stressful situation, there is a solution that can provide us with much-needed clarity and guidance. The AI Legalese Decoder is an innovative tool that can assist individuals in deciphering complicated legal jargon and understanding their rights and responsibilities in various cases, including flight cancellations.
By utilizing the AI Legalese Decoder, I can accurately determine the specific legal obligations of British Airways in this scenario. This includes understanding the extent of their liability for accommodation and food expenses. Additionally, the tool can help determine the adequacy of my travel insurance coverage and provide invaluable advice on how to handle the situation effectively.
Taking Action
In light of the advice received from the AI Legalese Decoder, I will proceed with the recommended course of action. Firstly, I have attempted to contact BA’s customer service through multiple channels, including email, messaging, and social media. I have provided them with a detailed account of the situation and a timeline, emphasizing our need for accommodation and food during this extended delay.
To ensure thorough documentation, I will retain all receipts for expenses incurred. Furthermore, I have already confirmed with our travel insurer that they are willing to cover up to £1500 should BA fail to fulfill their liabilities.
Conclusion
Any advice or additional tips on how to navigate this challenging situation would be greatly appreciated. However, with the assistance of the AI Legalese Decoder, I am confident that I can confidently assert my rights and successfully resolve this matter, ultimately ensuring that my family and I receive the compensation and assistance we are entitled to.
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****** just grabbed a
Several answers here say the airline doesn’t need to cover expenses because the cancellation was out of the airline’s control.
This isn’t correct. The “extraordinary circumstances” exemption applies to Article 7 of reg261 which concerns payment of compensation *in addition to* expenses.
The airline’s duty of care to passengers on delayed or cancelled flights is covered by Article 9, which has no such exemption.
As such, given the circumstances, I expect OP would be entitled to (including by way of reasonable reimbursement of):
— meals and refreshments
— hotel accommodation
— transport between accommodation and airport
— two telephone calls, emails or telexes
This duty of care falls on the airline, not the passenger’s insurer.
OP you’re getting some terrible advice here telling you that the airline don’t owe you anything from people who don’t understand the difference between a delayed flight and a cancelled flight. If your flight is cancelled for any reason the airline need to either provide you with alternative travel, accommodation while waiting for said alternative and food. If they can’t provide you with any of those things you can make your own reasonably priced arrangements and bill them for it. Once your flight is cancelled your first port of call is contacting the airline to see if they can arrange alternative travel and accommodation, if they can’t or you can’t get through to them you can arrange your own and bill them. Your own arrangements need to be reasonable. Your insurance will not be helpful as it is not their responsibility, your insurance will only deal with expenses that are not covered by the airline.
The clause about delays outside of the airline’s control only applies to the compensation (not expenses) for delayed rather than cancelled flights.
it should be covered but it took me 18 months to see about 25% of what i paid out but this was through easyjet…everything is made so much hassle its just not worth pursuing which is wrong in itself…
You don’t need to claim from your insurance, the airline should be paying for reasonable accommodation and food costs.
If you can’t get through to them to arrange, make sure you keep any receipts and claim back from them once you’ve got home.
From someone who is used to EU261 claims, on top of what everybody else said, you may actually be able to get compensation for the cancellation.
From frequent flyers reports BA should automatically accept anything under ┬ú100/night/room for hotels and ┬ú20 per meal/person (excluding alcohol). Going up to ┬ú200/night and ┬ú25 for a meal should be ok, especially if you are a frequent flyer. The law says that expenses must be reasonable, so it’s okay to go above those guidelines if needed for example if you are in a high cost of living area, it just may be that you’ll have to escalate the claim to arbitration with CEDR.
The software used by air traffic control being not fit for purpose might be out of BA’s hands, but it may not constitute exceptional circumstances. Indeed, if you pay peanuts you get monkeys and that’s just predictable.
You could also argue that the flight they rebooked you on might not have been the first available one, as they usually only rebook on BA/OneWorld.
To claim for this, as well as any reasonable expenses occured for lodging, transportation, and food, you will have to push BA until they cave in or get you a deadlock letter, and then refer the case to CEDR.
I’ve had success for example with strikes earlier this year where an EasyJet flight would have gotten me home on time but BA only offered BA/Iberia flights instead.
I’m going through this right now and ultimately AviationADR has determined I’m entitled to a ┬ú1500 payment from the airline after a 7 hour delay under UK261/Article 7. I know someone else who had flight cancelled and they were just awarded for that under the same statutes.
I wouldn’t call them at all. Don’t do anything that doesn’t produce a written record. Email/screenshot your messages through their online contact form and make a note of the date that you reached out. This is their procedure for claiming:
https://www.britishairways.com/en-gb/information/legal/flight-cancellation-compensation#
Theres a very good thread on this specific matter:
[https://www.flyertalk.com/forum/british-airways-executive-club/2133290-swanwick-flight-planning-system-failure-bank-holiday-monday-28-august-2023-a.html](https://www.flyertalk.com/forum/british-airways-executive-club/2133290-swanwick-flight-planning-system-failure-bank-holiday-monday-28-august-2023-a.html)
I would keep receipts for every expense that you have between now and the flight they are offering you look for a hotel under £200/night and charges them on your return.
Dont forget laundry costs if you have no clean stuff. Also don’t forget toiletries if you need to buy them.
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Air traffic control issues arenÔÇÖt a reason for BA to refund your expenses. IÔÇÖd start by letting your insurance company know whatÔÇÖs happening and let them know you will be submitting a claim.
Your question includes a reference to France, which its own legal advice subreddit. You may wish to consider posting your question to /r/ConseilJuridique as well, though this may not be required.
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Please check out these links, itÔÇÖs from the UK CAA which is the UK authority for aviation. They explain all your rights in the event of cancellation, delays etc.
[Cancelled flights and your rights](https://www.caa.co.uk/passengers/resolving-travel-problems/delays-and-cancellations/cancellations/)
[landing page for all of the other issues](https://www.caa.co.uk/passengers/resolving-travel-problems/delays-and-cancellations/)
Put simply the airline has to reimburse you for any *reasonable* expenses incurred as a result of the cancellation, no matter who was at fault causing the cancellation
Food, accommodation and travel. You can’t claim for clothing (tried that)
I had a similar issue last year in Malta. This has probably already been said but unless it has charged:
– up to a maximum of ┬ú200 per night for hotel accommodation. I had to pay the hotel bill and BA compensated me for it.
– Ôé¼25 per person per day for food. Again, I kept all of my receipts and BA paid it all. They do not compensate for alcohol though so beware!
– I also bought underwear, toiletries and tshirts, reasonable for my delay, which I keep receipts for and BA paid.
No EU compensation sadly as it was an ATC issue which was ÔÇ£out of their controlÔÇØ.
[removed]
Another one hit here. Got stranded in Hamburg and next available flight back to the UK (from Ryainair, my carrier) didn’t seem to be until Friday. They gave us the option to book our alternative flight back, and it seemed to include changing the departure and arrival airport. I went with a return from Poland as there was one available tomorrow (Wednesday).
Assuming the accomodation and travel in between and getting to Poland would be reimbursed under right to care?
Ba.com/receipt
Submit all to them, then go through insurers if they wont
Edit: ignore me, bad advice from the rep I called. Theres a specific complain and claim form online