Reply To: CEDR loss – BA ticket validity rule

[JDB]

@StillintheSun BA wins a much bigger proportion of CEDR/MCOL than factored into your calculations. A lot of cases are either meritless or hopelessly muddled/badly presented – some posted on this site seem sufficiently chaotic and angry that they clearly fall into this category. When dealing with time pressed DJs or arbitrators clear presentation of your case – the chronology, the facts and the law as it applies to those facts is vital.

Some websites and the odd poster here also give ‘advice’ that is either inappropriate for the facts presented, simply wrong or misunderstood by the claimant – in particular the idea that ‘at the passenger’s convenience’ means whenever you want because EC/UK261 ‘trumps’ the CoC which isn’t quite how it works. Some ask for totally unreasonable resolutions and ludicrous sums for ‘inconvenience’ which either can’t or won’t be awarded and detracts from the main case. .

Ultimately EC261 rerouting cases are a subjective decision between the two parties’ positions and the factual matrix. There are also lots of cases re delay/cancellation compensation where pax rely on something erroneous they have read on the internet.

Most companies obviously have a point at which they elect to litigate rather than settle partly as a matter of principle but also cost as the marginal cost is usually very small. There is one big insurer often mentioned here that actively pursues costs against customers who take them to MCOL as their solicitors proudly advertise.