The inconvenience caused by British Airways plane delays? How can we profit from it?
Procedure and conclusions for significant delay, denied boarding, or for flight cancellation by British Airways. We inform you about the main steps you should take against your airline to win their litigation by obtaining compensation.
Knowing that your flight took off from a country of the European Union, and that the arrival at your final destination was three hours and more late, this can give you the right to compensation.
Many passengers actually ask themselves recurring questions:
– Is my case eligible for repair?
– My plane arrived late. So what to do in case of an airplane flight delay? Which remedies for which compensation?
– Delayed or canceled flights: what is the compensation for air passengers provided for by the texts, and which texts, and where can I find a sample standard letter to request compensation for aircraft delay?
To enforce the rights of air passengers, who should you contact?
Faced with these multiple questions, and the answers being very dispersed, it became necessary to take stock of the state of European regulations in force, having, millions of passengers had to defend, successfully.
We just take stock of European regulations, that is, those applicable to all flights departing from the European Community whatever the country of origin of the airline company operating the flight, but also to flights to the European Community but only, in the latter case, if it is a community airline.
What does regulation 261/2004 OF 11/02/2004 of the european parliament and of the council say?
You should know that when a company replies that the regulations do not provide for lump sum compensation for a significant delay (less than three hours), it is absolutely right.
In this case, the regulation in question provides only for assistance and information measures.
Air passengers can claim compensation by virtue of the judgment rendered by the Court of Cassation on January 15, 2015, appeal n ° 13-25351 which states that the Nelson case law must apply and that, consequently, passengers arriving at their final destination with 3 hours or more of delay must be compensated in accordance with articles 5, 6 and 7 of regulation 261/2004 of February 11, 2004 of the European Parliament and of the Council.
Articles 5, 6 and 7 of Regulation No 261/2004 must be interpreted as meaning that passengers on delayed flights may be treated as passengers on canceled flights for the purposes of applying the right to compensation and that they may thus invoke the right to compensation provided for in Article 7 of that regulation when they suffer, due to a delayed flight, a loss of time equal to or greater than three hours, that is to say when they reach their final destination three hours or more after the arrival time originally planned by the air carrier.
However, such a delay does not entitle passengers to compensation if the air carrier is able to prove that the inconvenience caused is due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken. taken, namely circumstances beyond the effective control of the air carrier.
Article 5 (3) of Regulation No 261/2004 must be interpreted as meaning that a technical problem occurring on an aircraft which results in the cancellation or delay of a flight does not fall within the concept of circumstances extraordinary within the meaning of this provision, unless this problem arises from events which, by their nature or origin, are not inherent in the normal exercise of the activity of the air carrier concerned (British Airways) and are beyond its control effective.
The word “prove” should be noted in the sentence: “However, such delay does not entitle passengers to compensation if the air carrier is able to prove that the significant delay is due to extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken, namely circumstances which are beyond the effective control of the air carrier. This means that in order to be relieved of its obligation to compensate passengers, the airline company cannot be content with raising cases of force majeure, it must prove them to you!
This obligation to prove (and not only to allege), is also found in article 5.1 of regulation 261/2004 of February 11, 2004 of the European Parliament and of the Council.
An operating air carrier is not required to pay the compensation provided for in Article 7 if it is able to prove that the cancellation is due to extraordinary circumstances which could not have been avoided even if all the reasonable measures had been taken.
The Court of Justice of the European Union has also had the opportunity to emphasize even more, and forcefully, and in a particularly detailed manner, that damage to a device does not constitute an exceptional circumstance exempting the company from its obligation to compensate its customers.
The cases of effective air transport
For example, you bought your ticket from British Airways, but British Airways makes you travel on a flight operated by Air France, it is not the British company which must compensate you, but the French carrier.
The obligation to indemnify absolutely does not arise from the fact that the company is responsible or not for anything. There were force majeure or not, regardless of any notion of company responsibility or not.
The only way to do it effectively to be compensated up to 100% of its rights, given the particularly fierce resistance opposed by the companies to apply the case law, is to send its file to specialists in the treatment of air disputes using our electronic form.
Fighting for the money British Airways owes him?
Air carriers refuse to apply this jurisprudence. Fortunately, there are currently no lawyers who can compel the company to settle the desired compensation.
Complaining to the DGAC (French organization) does not seem to me to represent the path to efficiency for the following reasons: If we are trying to make a complaint online on their website about a major flight delay (more of one hundred and eighty minutes), you are then asked if you bought a packaged trip from a tour operator or a dry flight from the airline.
Is going to an online litigation repair startup a good decision? It is absolutely the best choice we can make. These are firms that can intervene with the court of justice, and thus push the airline company to compensate you financially. The main role of a law firm is confined within this framework.
Furthermore, it is just as simple to entrust your case to a legal expert as to present it before the judge. Be careful to respect the whole procedure by not missing any important information when transferring your reservation data electronically.