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Author Topic: Airline compensation after Huzar vs Jet2.com  (Read 2388 times)
stuving
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« on: February 13, 2015, 20:32:40 »

Here is a dispatch from the parallel world of air travel compensation.

Last year, in June, I flew back to London from Edinburgh and the flight was over three hours late. The plane fell ill in La Palma, and after several ETAs it was finally mended and got to EDI at 17:20 for a 15:10 departure. We set off at 18:05, but didn't touch down until 19:44, and docked at 19:48 (this was London City!) against the scheduled 16:30.

This was the week after the "Huzar v Jet2.com" appeal decision, so we reckoned we were due our ^250. I made my claim using their online form, and in reply BA» (British Airways - about) said:
Quote
The issue of what constitutes a technical fault amounting to an ^extraordinary circumstance^ was recently considered by the Court of Appeal in the case of Huzar v Jet2.com.  However, this is being appealed to the Supreme Court.  In the circumstances, we are postponing consideration of your claim for compensation until the Supreme Court has issued its decision.

In October, the Supreme Court told Jet2 (and other airlines) to go away and stop being silly, as they didn't have a proverbial leg, and refused to hear the case. So I reactivated my claim as BA suggested and they accepted within two days, and paid ^187 (fair exchange for ^250) within two weeks.

A few points occur to me:
1. I paid with air miles (OK, officially "Executive Club Avios"), plus ^35 in money. This makes no difference to the compensation at all.
2. That possibly did put me at the back of the queue to be put on one of two earlier London flights, though. They went to other airports, which might not suit everyone, but would not have bothered me.
3. There were only six of us left on this flight, so most had been transferred, which obviously limits the cash cost of compensating us.
4. The two others that I found out about were not flying near-freebies, and the woman who missed the wedding she was travelling to was probably probably inconsolable by cash (or diversion to Heathrow?) anyway.
5. In BA's case at least they seem to have accepted this is just how it is now. However, I wonder how many cases of airlines trying it on there will still be in the future.
6. Actually paying was a bit less slick. They wanted to use BACS, and didn't describe any alternatives. For sending bank details they offered e-mail and fax, and suggested splitting the info between messages. I sent one of each but they lost the fax (my sender reported success, which in a G3 fax must have been sent by the receiver). After being told payment had been "arranged" it took a week to be sent - really they should tell me after it has been sent, to avoid this indeterminate wait before I conclude it's gone missing (or not).
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JayMac
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« Reply #1 on: February 13, 2015, 22:15:11 »

Not so bad in railway land is it?  Tongue

Although a consistent policy across all TOCs (Train Operating Company) (and not the bare minimum laid out in the NRCoC (National Rail Conditions of Carriage)) and delay compensation paid back in money instead of Rail Travel Vouchers would be an improvement.
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