Q: I was booked on a British Airways flight from London to Chicago, and requested a change to a later flight, for which I was charged £25. On the flight back from Chicago to Mumbai (via London), I had a connecting time of 2hrs at Heathrow. But in Chicago, BA canceled the flight due to leave after mine, and in order to re-accommodate its passengers on my flight, we were so late taking off that I missed my connecting flight to Mumbai. BA put me on a flight 10 hours later. My compensation was a £10 food voucher. Can they get away with this?
A: You were indeed shabbily treated and I am forwarding your letter (with booking reference) to BA. As I have previously reported, under European Union rules, you are not entitled to monetary compensation, even for long delays, but are entitled to food and refreshments (and a hotel room if necessary); and the airline must offer (as for cancellations) to refund your ticket if you decide not to travel.
According to the Europe Direct Service (32-2) 299 96 96, passengers seeking redress should first contact the airline, and if that fails, the National Enforcement Body, in this case, the United Kingdom: the CAA (44-20) 7379 7311; or Air Transport Users Council, (44-20) 7240 7071.
Larry Goldhirsch (lgoldhirsch@weizlux.com), a lawyer in New York, reminds me that the Montreal Convention ‘must be given priority over any other regulations, such as the EU; therefore, anyone who is delayed can sue the airline under the Convention for all damages due to the delay, for a maximum of about $5,600.’ Goldhirsch adds that ‘claims are usually handled by an insurance adjuster… but usually, airlines will settle before they have to appear in a small claims action; it costs them too much for them to appear with a lawyer.’