Always keep proof of flight bookings in case there’s a problem
IN SEPTEMBER 2011 my wife and I flew from East Midlands to Faro on bmibaby airline.
The flight was delayed by four hours because of a “technical problem” with the aircraft. We each received a £3 voucher for refreshments. But we lost half a day of our holiday in Portugal as well as spending money phoning to rearrange a Faro taxi and to alert our hosts that we would be arriving later than planned.
It was only in February 2015 (thanks to Which? publicity) that I realised I could ask for €250 each flight delay compensation.
But BA, which had taken over bmibaby, rejected our claim because we cannot prove we were on the flight. Where do we go from here?
SAM C WHICH? SAYS: Before you came to Which?, you tried two “no-win, no-fees” airline delay claims firms.
Both told you that it was not worth their while chasing this because their fee – about 30% of €500 (now around £125 but less at the time) – was not enough for the work involved.
We thought this should be simple – surely airlines keep passenger records for security and legal purposes?
But when we asked both the Civil Aviation Authority (CAA) and BA how long airlines had to keep these, neither came up with a time limit.
However, both said a boarding pass is best to prove you were booked on the flight in question.
Other proofs include email copies of flight tickets, booking references, luggage tags or credit/ debit card statements. You had none of these – unsurprising, given the time that elapsed since the 2011 flight. On some journeys – but not yours – visa or passport stamps can help.
CAA advice is that if all else fails, you can “make a ‘subject access request’ (where you ask a business for personal information it holds on you) under the Data Protection Act 1998. You may have to pay £10 for this.
However, after Which? contacted BA, it acted swiftly.
You have been phoned by the airline which told you it knew about the delay but could not find any record of you being on the flight although this was apparently a situation that it had run into on occasions previously.
BA has sent you a template letter to supply a formal signed declaration about the flight, which your Portuguese hosts can confirm. You should soon receive compensation.