BA compensation refusal with generic response

[Soso]

Hi,

I received a refusal to my claim because my flight was “ was cancelled because of Air Traffic Control restrictions due to weather and capacity. Although some flights were able to operate as normal, your flight was one of those we had to cancel.”

I understand ATC is one of the exemption but I took a flight four hours later and they are not really giving me any proof. Do you think I need to take them to mediation or am I wasting my time ?

Thanks !

[Richie]

My guess is if you started CEDR and asked for the proof you’d probably get it.

[JDB]

@Soso – unfortunately the CAA is very slow in publishing the list of ‘pre-tactical’ cancellations – they are only up to mid-May but as above, if you question or aren’t happy with BA’s response, you need to escalate to CEDR and BA will be obliged to provide the adjudicator with evidence to support its defence of ‘extraordinary circumstances’. There have been an unusually large number of bad weather days affecting Heathrow and Gatwick this season so BA may have a legitimate defence.

[BA Flyer IHG Stayer]

When flow rates are restricted by ATC airlines are given a lot of lattitude over which flights get canncelled and will give prioiry to those where there are only a few flights over a destination with many they can rebook people onto later that date,

This even applies when one airline does fly from A-B but another cancells their flights on the same route

Personally I think you’re wasting your time,

[Soso]

Thanks – I won’t bother then ! Their response though is a bit of a joke to be honest…

[Ihar]

Airlines will cancel flights based on their needs, if weather/ATC. Usually short-haul are the first to go.

I imagine if it’s cancelled for the reasons given, it’s the reasons. Telling porkies will land them in more trouble than paying out a few quid.

[Points Hound]

Ihar wrote:

Airlines will cancel flights based on their needs, if weather/ATC. Usually short-haul are the first to go.

I imagine if it’s cancelled for the reasons given, it’s the reasons. Telling porkies will land them in more trouble than paying out a few quid.

Not the case unfortunately @Ihar.

BA will use the weather excuse as a ‘porky’ and go to some lengths to make that fit.

I claimed in March 2023 for a flight cancelled under 24 hours before departure from LHR. BA pinned their get out on weather and extraordinary circumstance.

Their response claimed “adverse weather conditions at London Heathrow. Snow and ice at an airport can have a major impact on airport operations. Snow and ice can impact an aircraft’s braking ability on the runway and during snowfall, visibility is also reduced. When there is snow and ice on the ground, aircraft have to manoeuvre carefully when they are taxiing, which increases the taxi-in and taxi-out times”.

In a key statement, British Airways confirmed in this initial correspondence that “at London Heathrow, Heathrow Airport Limited (HAL) is responsible for clearing the runways, taxiways and ramps of ice and snow. During light snow, this takes between 30 and 45 minutes for each runway and takes considerably longer during heavy snow”.

There was no snow and ice in London on either the 7th or 8th March 2023, the day before and day of the flight.

I asked BA for proof of the weather causing the cancellation, given that under 261/2004 this burden lies with them. They offered nothing than a statement that “the information we have provided in rejecting your claim has been taken from our Operations Control Manager’s daily log. We consider this to be proof of the circumstances surrounding the delay of your flight. We do not provide copies of these to passengers as these documents, and our maintenance records, contain sensitive business information. However, they would be used in our defence during any legal proceedings brought against British Airways”.

I responded stating that the contents of an Operations Control Manager’s daily log do not constitute proof of bad weather, this would need to be proof of the bad weather itself (not an entry in a logbook that is simply opinion or open to error or manipulation) or a formal instruction from Heathrow that BA had to reduce their capacity that day.

I took the case to CEDR, 6 weeks later BA offered full compensation.

For this reason, where BA are concerned, I never imagine that the reasons given, are the reasons.