Hi caggers,

I was caught in the BA fiasco last week and need some advice.

I booked the flight Heathrow - Madrid - Menorca via Tripsta travel agent.

To complicate things further, the booking was done on an Iberia flight operated by BA.

My understanding of the EU regulation is that I should claim directly from BA.

What do you think?

Second question is: Heathrow to Menorca is listed as 1375km so I would be in the lower bracket compensation 250 euro).

However if I consider my planned route, Heathrow -Madrid and then Madrid-Menorca, it piles up to almost 2000km and so the higher bracket compensation (400 euro).

Should I claim the higher compensation based on my route?

Thread moved to the appropriate forum..please continue to post here to your thread.

Regards

Andy

Thanks Andy, I knew I screwed it up

Yes - claim from BA. Fraid the distance is calculated by great circle first and last airport, on a through ticket. So less than 1500km.

Yes - claim from BA. Fraid the distance is calculated by great circle first and last airport, on a through ticket. So less than 1500km.

Even if I deliberately booked a 2 leg flight to do shopping in Madrid?

If you booked this as two separate tickets then you would be entitled to €250 per leg, provided each flight arrived at its respective destination more than three hours late. Did you?

If you booked this as two separate tickets then you would be entitled to €250 per leg, provided each flight arrived at its respective destination more than three hours late. Did you?

No, I didn't.

You're right, I read the regulations and also about the German court case similar to mine, so I'll only be entitled to 250 eros.

Thanks for your input.

Hi guys, maybe I'm going mad, so please bear with an old man.

I booked a flight with the family via tripsta who issued tickets on an Iberia flight operated by British airways.

They had that system outage on 27/05 and we were caught right in the middle of it, so our flight from Heathrow terminal 5 was cancelled.

Only BA operates from terminal 5 and the terminal was shut on the day.

A BA rep gave us a leaflet explaining the situation and advising on how to claim compensation.

I put a claim through BA under the Regulation (EC) No 261/2004 of the European Parliament and of the Council (250 euro per person).

Today I received an email from them saying:

...your claim for compensation has been denied because British airways didn't operate flight BA0518 on 27/05/2017.

If you contact Iberia airlines they'll be able to consider your claim.

This is pure lies because that flight was operated by BA as stated on my ticket and only BA operates from terminal 5.

Also, because it was a BA problem, if the flight was operated by Iberia, I would have got to Spain on the day, right?

Am I correct in thinking that it doesn't matter where you get your ticket when making a claim for compensation under the EC 261/2004?

I am reading point (7) and (8) of this legislation which makes it clear that it is the air carrier responsibility to pay compensation and they can claim their shortfalls to a third party if they wish.

(7) In order to ensure the effective application of this Regulation, the obligations that it creates should rest with the operating air carrier who performs or intends to perform a flight, whether with owned aircraft, under dry or wet lease, or on any other basis.

(8) This Regulation should not restrict the rights of the operating air carrier to seek compensation from any person, including third parties, in accordance with the law applicable.

Is my next move a strong worded letter to BA urging to pay or a fresh claim to Iberia?

Just checked online at flight stats and it now says that the flight is operated by Iberia on behalf of BA, but on my original ticket it clearly states "Operated by British Airways".

Where do I stand?

Is my ticket receipt enough proof that BA was the air carrier?

Thread moved to the appropriate forum...please continue to post here to your thread.

Regards

Andy

Thanks Andy.

My own opinion and nothing but my opinion the claim will be against the Airline who you booked and paid the ticket through.

It is that airline who you have a contract with, as in taking payment and who you claim against, not any third party carrier

Why not claim off your holiday insurance and let them deal with it??

Because the travel insurance rightly said that they cannot pay out compensation claims under EC 461/2004.

The air carrier is responsible for such claims.

The legislation seems to be clear about the air carrier being the airline that actually operates the aircraft, BA in this case, that's why I claimed from them.

Now I suppose I have to start another claim with Iberia and they will probably say that they were not the air carrier for that flight.

At which point I will have to start a county court claim against BA and Iberia (which have merged some time ago, so they are sisters airlines) and let them fight responsibility in court.

My ticket says that the flight is operated by BA and we didn't fly because of their system outage, I don't see what Iberia has got to do with this.

Only BA flights were affected, so if my flight was operated by Iberia, they would have not cancelled the flight.

It took me 12 hours on the phone to reschedule because BA system was down and neither BA and Iberia could amend the flight.

Eventually I was re-booked on a Vueling flight by Iberia.

Ok guys, I need your help please.

Iberia has officially replied to my compensation claim saying that the cancellation was due to BA system outage and I should claim from them.

They said that they do not hold past flight information so they can't say who operated my flight (really???)

As you know BA denied being the flight operator and blamed Iberia.

Next step is lba to Iberia and BA and if the don't pay up county court claim, correct?

Can I list two companies as co-defendant?

Thanks for your kind help

You are being fobbed they are trying to pass the buck to BA but irrespective your contract is with Iberia.

Yes BA had that major malfunction (due to human error) with many flight either cancelled or disrupted.

Your claim is with Iberia not BA, it is up to Iberia to get there money back from BA not you.

Now what I would suggest before you go down the LBA route is the CAA as this way your are also highlighting an issue to them due to this BA outage and the carriers attitude to claims: https://www.caa.co.uk/Passengers/Resolving-travel-problems/How-the-CAA-can-help/How-to-make-a-complaint/

I really wouldn't bother with the CAA

- they claim to have no ability to force airlines to adhere to Regulation 261/04:

but as the UK's National Enforcement Body that is precisely what they should do (and don't).

Your claim, as you rightly say, is with the airline originally scheduled to operate your flight.

Whom you booked with is immaterial 261/04 claims.

From the flight number you give, that definitely sounds like a BA codeshare, so probably Iberia (you could try doing a dummy booking for that route/time to check)?

If it was Iberia, it is immaterial that the problem was BA's systems: the Regulation allows them to claim back from third parties if necessary, but their liability to you can't be shirked.

I agree you should send a letter before action giving them one last chance - and then start court action if they remain silly.

Thanks for your input.

The flight is a codeshare BA518/IB3177 as you said.

Strange thing is that my original ticket emailed to me clearly says "Operated by British airways".

But when I try I dummy booking or flight stats it says operated by Iberia.

So should I forget British airways and just go after Iberia?

In reality I have no real evidence that they were operating that particular flight and surely they will not tell me, that's why i thought I name both of them in the possible court claim.

What do you think?

I think you should write the NBA to Iberia - the route is obviously theirs. If they deny they were due to operate the flight, sue bith them and BA.

BA and Iberia arwe the same company, I suspect they are messing yo about because they have a lot of these to pay out and they want to dri feed them into the system for cashflow reasons.

both are IAG company owned

We have the same issue with this flight.

BA are saying they were not the operator and to go to Iberia and claim compensation.

Iberia are saying they won't pay as it wasn't their fault.

i wouldn't mind but they are sister companies and they are refusing to talk to one another....

Had a long ding-dong dialog with BA and they say go to CEDR and raise a complaint about Iberia. Problem is that Iberia aren't covered under CEDR.

Is this going to take legal action to sort out?

possibly, try contacting IATA first

I've issued a lba to Iberia because it looks like they were the operator of that flight.

I pointed out in the lba that not only they are BA sister company, but as per EU 461/2007 they can request a refund from BA if they see fit.

I think they'll pay up before it gets to court because I can't see any way out for them.

Worse comes to worse and they provide proof that BA was the operator, I will sue BA and make them pay all the costs of taking Iberia to court because BA clearly said in writing that the flight was operated by Iberia.

I suggest everyone should do the same.

both are IAG company owned

Thanks!

Would an email to their ceo willie Walsh move things?

Unfortunately I can't access the email page on ceoemail. com, would some good soul check his email address for me?

Thanks

Unfortunately I can't access the email page on ceoemail. com, would some good soul check his email address for me?

International Airlines Group

Mr Willie Walsh Chief Executive

Email [email protected]

Telephone 020 8564 2800

Switchboard 020 8564 2800

Website http://www.iairgroup.com

Postal Address 2 World Business Centre Heathrow, Newall Road, Hounslow, TW6 2SF

Stigman

Thanks Stig!

BA refused my claim - said it was Iberia's fault.

Iberia refused claim - say its BA's fault.

BA advised to go to CDER - Iberia aren't covered under CEDR.

Went to CAA they said go through CDER. Aggghhhhh....

Can't even contact Iberia - they only speak Spanish or reply in bizarre email replies...

Is legal action the only real route here......?

I am not in aloop of nonsense