BA refused compensation over Easter cancellation

[barracuda]

Hi,

First time I am having an issue with BA, and they are refusing to pay compensation.

Background BA cancelled BA0663 (LCA to LHR) on the 25th April – notification of cancellation made on the 16th of April. Rebooking made on BA0663 on the 26th April.

I submitted a compensation claim via the usual route and have received the following response:

“Thanks for contacting us about your claim for EU compensation. We’re sorry it was necessary to cancel your flight to London Heathrow on 25 April, 2022. Your claim’s been refused because BA0663 on 25th April, 2022 was cancelled because of cancellations driven by resourcing issues caused by the strain of COVID-19. The COVID-19 pandemic is an external factor, which is beyond the control of the airline and is an ‘extraordinary circumstance’. It is not inherent in the normal activity of the airline and could not have been anticipated.

We take all reasonable measures to avoid disruption to a flight and we always consider if there are any other alternative solutions before we make a decision. The cancellation was out of our control and caused unforeseen disruption to our schedule.”

How have others faired with compensation for Easter cancellations? Advice on taking this forward?

Thanks

[yonasl]

From the CAA itself:

We recognise that the current operating environment is impacting airlines’ operations. We consider that the following circumstances would be viewed as extraordinary circumstances and therefore the fixed sum compensation would, in our view, not be payable:

Where the Government advises against all travel, or all but essential travel, to a destination; or

For cancellations or long delays impacted by Covid-19 in other circumstances that are not inherent in the operation of the airline and beyond its control. Such circumstances could include those where there is no Government advice against travel, but where disruption has been directly caused by activities of regulatory authorities or other third parties related to Covid-19, for example closing airspace to the airline, seriously restricting the airline’s operations in other ways, or where the corresponding movement of persons is not entirely prohibited, but limited to persons benefitting from exemptions (for example nationals or residents of the state concerned).

We do not, however, consider that all circumstances which may be related to Covid-19 will necessarily be extraordinary circumstances, for example where those circumstances could be considered inherent in the operation of an airline. Examples of such circumstances may include managing staffing levels and absences.

https://www.caa.co.uk/commercial-industry/airlines/guidance-on-consumer-law-for-airlines/

[Rui N.]

Fantastic yonasl. That might come in handy in the future!

[barracuda]

yoansl – fantastic!

Thanks

[yonasl]

It sort of makes sense, doesn’it?

A whole crew being sick all of a sudden is an extraordinary circumstance. To cancel a flight 10 days before because of Covid clearly not!

[Lady London]

It’s b*llocks. There was no sudden worsening in the extant covid circumstances prevailing now since more than 2 years. In fact if anything those circumstances have improved recently but BA appears not to have manoaged resources at its disposal to maintain the flight you reserved. In particular, as @yonasi says 10 days ahead is a change of commercial decision, now not to operate the flight, by British Airways and is not due to an exceptional circumstance.

Send them a Letter Before Action, signed-for, to their Waterside address. See in various posts under Flight Changes and Cancellations the processes available to you but that’s the next step. Google site: headforpoints.com “LBA” or “Letter Before Action” to find some of them faster. Mention the amount which IIRC is 400 euros as over 1500km. You could give them 14 days to pay as they are being really silly. But as they are truly busy and it’s less trouble for you if they do actually pay now instead of later, give them 30 days to pay in your LBA, before you will take further action.

Looks like just like when they closed their First Class cabins on most routes, BA has realized after the fact that there are a few customers around who know their rights and will claim amounts BA knows are due to then that are owed as a result of BA’s commercial decisions. So they’re entering their usual tactics of stonewalling and denial.

PS compo is per seat.not per booking, even on a 2-4-1

[ceriinpainswick]

I have had a very similar response from BA to a cancellation that I received for my return flight 8 days before I was due to travel home and AFTER I had travelled out.

I’ll be using this response! Thanks

[dougzz99]

The amount is now £350 I believe, a minor point but they were switched to GBP equivalents after the stupid and small minded caused us to leave the EU. £220, £350 and £520 now I believe.

[AJA]

dougzz99 wrote:

The amount is now £350 I believe, a minor point but they were switched to GBP equivalents after the stupid and small minded caused us to leave the EU. £220, £350 and £520 now I believe.

I agree it should be the GBP values you list but in April I received the GBP equivalent of the old Euro amounts per EC261 despite specifically mentioning the GBP350 figure in my claim for my flight from LIS to LHR that was over 3 hours late.

And please can we refrain from insulting people for exercising their democratic right to vote in a way that you don’t agree with.

[AJA]

BA seems to be reverting to blaming Covid for its inability to operate the flights it has scheduled.

I disagree that these are now exceptional circumstances. Covid has been around for a while now and the vaccines seem to be helping in reducing the severity of the illness despite the fact that unfortunately there are still around 200 people dying from issues related to Covid. The fact BA staff are calling in sick is not an exceptional circumstance in itself.

I would write back to BA and ask them if the reply you received is their “final answer” ie they won’t change their mind. Then I would go steaight to MCOL rather than CEDR as the recent decisions by CEDR seem to be in favour of BA.

[dougzz99]

AJA wrote:

dougzz99 wrote:

The amount is now £350 I believe, a minor point but they were switched to GBP equivalents after the stupid and small minded caused us to leave the EU. £220, £350 and £520 now I believe.

I agree it should be the GBP values you list but in April I received the GBP equivalent of the old Euro amounts per EC261 despite specifically mentioning the GBP350 figure in my claim for my flight from LIS to LHR that was over 3 hours late.

And please can we refrain from insulting people for exercising their democratic right to vote in a way that you don’t agree with.

I have a memory of reading that if the flight was booked pre-Brexit then the Euro amounts applied, otherwise the GBP. But airlines probably do as they wish given their general denial of the regulations.

As for commenting on Brexit, I’ll say what I like, if HfP don’t like it they’ll delete it.

[AJA]

My flight that was delayed was only booked on 8 March 2022 so the decision to base compensation on whether the flight was booked pre or post Brexit is clearly not correct. I suspect BA is using whichever amount results in them paying out less.

I respect your right to comment however you like on Brexit. What I do not respect is being rude and insulting in doing so. That says more about you than your opinion.

Enjoy the rest of the bank holiday or your day at work if you are somewhere in the world where today is not a holiday.