BHD to BHX BA Cityflyer cancelled – help please

[Cuchlainn]

Good evening,
Checked in, sitting in lounge @ 1815 a BHD – flight already delayed to 1925 – text message “Flight cancelled” !!! 2 minutes later sacrificial BA rep comes into lounge to request we collect our checked in baggage from arrivals and go to check-in desk for help.

Options given by BA : 1. Flight to LHR tonight…. 2, Automatically rebooked by BA onto 1325 flight tomorrow.

I have 2 bookings : 1. BA 241 (old) companion ticket ( expiring early April 2022 ) – OH and self 2. Return cash booking ( my son ) – 1 pax

Tried ringing BA – 15 mins on hold then transferred to other department that deals with companion vouchers and waited for 15 mins to then be informed at 20.07 it closes at 2000 !!

Looking to rebook for next weekend using other half’s companion voucher but I probably cannot travel and I am tied into the 241 booking.

Options as I see them :
1. Cancel whole booking on 241 and wait for it to return to OH’s account ( due to expire early April ). How long does it take to return to her account ?
2. Cancel son’s cash booking as not required and all monies returned ?
3. Rebook OH and son on OH’s 241 voucher and pay for myself if I can somehow get away ?

Notwithstanding I have to start claim against BA for car parking / car hire and hotel !!

TIA

[Lady London]

I hope you took careful note of the reason for the cancellation and asked for it if they didn’t give it. This sounds like compensation part of EU/UK261 might actually be achievablw as does not sound like covid, other flights were going so not weather. This would be in addition to any duty of care but sadly does not
include car parking fees.

[SamG]

The aircraft went tech in Leeds on a prior flight so put in your UK/EU 261 compo claim

You could have called the US number via Skype for help , which still gets answered in the UK!

The flight next week is looking pretty empty so what you could do is call in , tell them you do not accept the new bookings and to delete the unconfirmed segments. (Usually I’d say don’t bother calling up front but there was a report here that someone had their booking accepted in error when they were viewing via the website, this would then make you a no show and cause problems)

Then call back later in the week when your plans are firm and get rebooked or refunded.
If you call in for a refund the Avios and voucher should be put straight back in your account by the agent

As an aside there are seats on the 7am BA to London and you’d also have had the option to buy Easyjet tickets and get reimbursement via your UK261 right to reroute at the earliest opportunity – that would likely need a bit of a fight

Lastly your consequential losses will not be reimbursed by BA – that is one for travel insurance. Only if you needed a hotel in Belfast last night and travelled today you could claim for that + meals

[Cuchlainn]

Lady London wrote:

I hope you took careful note of the reason for the cancellation and asked for it if they didn’t give it. This sounds like compensation part of EU/UK261 might actually be achievablw as does not sound like covid, other flights were going so not weather. This would be in addition to any duty of care but sadly does not
include car parking fees.

BA staff at check-in informed us that it was a bird strike on the incoming flight into LBA.

THANK YOU

[Cuchlainn]

SamG wrote:

The aircraft went tech in Leeds on a prior flight so put in your UK/EU 261 compo claim

You could have called the US number via Skype for help , which still gets answered in the UK!

The flight next week is looking pretty empty so what you could do is call in , tell them you do not accept the new bookings and to delete the unconfirmed segments. (Usually I’d say don’t bother calling up front but there was a report here that someone had their booking accepted in error when they were viewing via the website, this would then make you a no show and cause problems)

Then call back later in the week when your plans are firm and get rebooked or refunded.
If you call in for a refund the Avios and voucher should be put straight back in your account by the agent

As an aside there are seats on the 7am BA to London and you’d also have had the option to buy Easyjet tickets and get reimbursement via your UK261 right to reroute at the earliest opportunity – that would likely need a bit of a fight

Lastly your consequential losses will not be reimbursed by BA – that is one for travel insurance. Only if you needed a hotel in Belfast last night and travelled today you could claim for that + meals

Tried ringing BA 3 times and 3 times transferred to now closed department ( as of 2000hrs ) that deals with 241 companion vouchers – no voicemail message.
Rebooked 2 bookings ( 241 + son’s cash booking ) 1 week ahead, no price increase but I may struggle to travel..
Re LHR alternative flights, no thank you – OH is distressed enough.
Will put in 2 claims to BA for UK 261 recompense and travel Amex Plat / AXA travel insurance again.

Thank you for your time and advice.

[Lady London]

SamG wrote:

The aircraft went tech in Leeds on a prior flight so put in your UK/EU 261 compo claim

You could have called the US number via Skype for help , which still gets answered in the UK!

The flight next week is looking pretty empty so what you could do is call in , tell them you do not accept the new bookings and to delete the unconfirmed segments. (Usually I’d say don’t bother calling up front but there was a report here that someone had their booking accepted in error when they were viewing via the website, this would then make you a no show and cause problems)

Then call back later in the week when your plans are firm and get rebooked or refunded.
If you call in for a refund the Avios and voucher should be put straight back in your account by the agent

As an aside there are seats on the 7am BA to London and you’d also have had the option to buy Easyjet tickets and get reimbursement via your UK261 right to reroute at the earliest opportunity – that would likely need a bit of a fight

Lastly your consequential losses will not be reimbursed by BA – that is one for travel insurance. Only if you needed a hotel in Belfast last night and travelled today you could claim for that + meals

+ compensation, surely? Problems on incoming flight are not exceptional circs as to your own flight, and even if it had been your own aircraft which went tech, mechanical problems are not an exceptional circumstance exempting the airline from compensation element of EU261 and its UK equivalent either. 250 euros per seat (even on a 241).

[SamG]

Lady London wrote:

SamG wrote:

The aircraft went tech in Leeds on a prior flight so put in your UK/EU 261 compo claim

You could have called the US number via Skype for help , which still gets answered in the UK!

The flight next week is looking pretty empty so what you could do is call in , tell them you do not accept the new bookings and to delete the unconfirmed segments. (Usually I’d say don’t bother calling up front but there was a report here that someone had their booking accepted in error when they were viewing via the website, this would then make you a no show and cause problems)

Then call back later in the week when your plans are firm and get rebooked or refunded.
If you call in for a refund the Avios and voucher should be put straight back in your account by the agent

As an aside there are seats on the 7am BA to London and you’d also have had the option to buy Easyjet tickets and get reimbursement via your UK261 right to reroute at the earliest opportunity – that would likely need a bit of a fight

Lastly your consequential losses will not be reimbursed by BA – that is one for travel insurance. Only if you needed a hotel in Belfast last night and travelled today you could claim for that + meals

+ compensation, surely? Problems on incoming flight are not exceptional circs as to your own flight, and even if it had been your own aircraft which went tech, mechanical problems are not an exceptional circumstance exempting the airline from compensation element of EU261 and its UK equivalent either. 250 euros per seat (even on a 241).

Yep that’s what I mean – €250pp compo! As you say it’s not an exceptional circumstance even away from an airlines home/main base

[Lady London]

I think BA may attempt to say a bird strike is an Act of God / out of their control so an exceptional circumstance which exempts then from paying compensation claims under EU261 and its UK equivalent.

If they try this it would not exempt them from paying compensation claims on your flight as the bird strike was on the previous flight the aircraft scheduled to do your flight, was used for. It would have had to have occurred on your flight and not any previous one, for it to exempt the airline from paying you compo per seat claimed.

Let us know how it goes.

PS I liked the “sacrificial” in your opening post 🙂

[Cuchlainn]

All,
3 months post cancelled flight and nothing from BA re compensation claim registered through their website portal.

I was able to rebook our 2for1 flights and son’s flights for the next weekend. Nationwide BS Insurance came through for most of the cancelled trip ( car hire and out hotel room but not 25yr old son with £50pp excess – phew ! ).

I have made several phone calls to BA Customer Relations but have failed to be connected every time. 2 online requests for updates have also gone unanswered.

Where do I go with our 2 claims ( myself and OH plus standalone son one ) registered in mid-March ?

Thanks

[JDB]

You should have the facility to update your case online, so you can just add a letter to the file asking them what is going on which will reactivate your case. You could also try looking up a few different email addresses. If I understand it correctly, you are just looking for the compensation as your insurers have covered other losses?

Did you ever manage to get a definitive reason for the cancellation? If they claim ‘bird strike’, that has been accepted since 2017 as an exceptional circumstance per C-315/15 Marcela Pešková and Jirí Pešká v Travel Service a.s. although lightning strikes still appear to be disputed. It was stated above that ‘exceptional circumstances’ that affected your inbound aircraft effectively don’t carry over to your flight, but I don’t know where that comes from. I am sure that some will tell you to rush off to MCOL or CEDR, but if the issue is now just compensation, and BA may have a defence, it’s best to be sure of that first and anyway I would do a lot more chasing of BA before contemplating either course.

• This reply was modified 54 years, 11 months ago by .

[Cuchlainn]

Thanks JDB for your reply.

I have “updated” my claim 2 times since inception but still radio silence from BA CR.

Another 2 phone calls have just been terminated today – no chance of speaking to BA Customer Relations it seems.

3 months is more than enough time to sort out 3 x EU 261 £/€250 claims for simple cancellation of domestic flights while waiting in airport lounge for flight.

Any BA CR email addresses would be gratefully received. If no joy with them will proceed formally – it appears BA does not care !

[ChrisC]

I’d forget “customer relations ” and write to BA legal saying “sort this in 14 days or I’ll take you to MCOL.”

[Cuchlainn]

Update ( at last ) – original cancellation on 11th March whilst waiting in Lounge at airport for flight to arrive :

20th July ( 2 emails in my iPad Junk folder for self+OH and son’s 2 claims ) – “ We’ve refused your claim for compensation because we told you about the cancellation at least 14 days before you were due to depart, using the contact details in your booking. Under EU legislation, we aren’t liable to pay compensation for this kind of situation.

8th August ( 1 email to iPad Junk email folder for self+OH claim but nothing for son’s ) – “ your claim’s been refused because BA7325 on 11 March 2022 was delayed because The aircraft experienced a bird strike whilst operating the previous flight. As a result of this, mandatory inspections had to be carried out. These generally take around four hours and have to be completed before the aircraft can operate. During the inspections, damage to the aircraft was found, which meant repairs had to be carried out before the aircraft could operate‘ – ???????

2 totally contradictory emails from BA, ending up in Junk Folder. I have replied to the first email pointing out the very poor attempt to refuse permission as their facts are wrong and informing them of my intention to use this pathetic attempt at hearing, if I proceed to formal compensation proceedings.

Re the 2nd email – is a bird strike considered a legal precedent for refusing EU261 in these circumstances ? And where do I go from here, please ?

TIA

[Cuchlainn]

Update ( at last ) – original cancellation on 11th March whilst waiting in Lounge at airport for flight to arrive :

20th July ( 2 emails in my iPad Junk folder for self+OH and son’s 2 claims ) – “ We’ve refused your claim for compensation because we told you about the cancellation at least 14 days before you were due to depart, using the contact details in your booking. Under EU legislation, we aren’t liable to pay compensation for this kind of situation.

8th August ( 1 email to iPad Junk email folder – “ our claim’s been refused because BA7325 on 11 March 2022 was delayed because The aircraft experienced a bird strike whilst operating the previous flight. As a result of this, mandatory inspections had to be carried out. These generally take around four hours and have to be completed before the aircraft can operate. During the inspections, damage to the aircraft was found, which meant repairs had to be carried out before the aircraft could operate‘ – ???????

2 totally contradictory emails from BA, ending up in Junk Folder. I have replied to the first email pointing out the very poor attempt to refuse permission as their facts are wrong and informing them of my intention to use this pathetic attempt at hearing, if I proceed to formal compensation proceedings.

Re the 2nd email – is a bird strike considered a legal precedent for refusing EU261 in these circumstances?

TIA

[Lady London]

Birdstrike absolutely is an exceptional circumstance. As is lightning strike, pretty much.

However to be an exceptional circumstance it has to happen on *your* flight. It’s not exceptional so far as your flight is concerned, because it happened on the incoming flight. This is not useable as an exceptional circ for your flight, not at all. The airline is meant to have backup options for crew, planes etc even at outstations. Problems with earlier flights or incoming flights do not count as exceptional circs for your flight.

Advise them of this but be ready to send an LBA to BA Legal snail mail signed for at their Waterside address giving them, say, 21 days to pay as BA is clearly trying to wear you down and waste your time. Don’t forget any hotel, hotel transport, hotel internet and meals reimbursement claim as well if you incurred any

Let us know how it goes

[JDB]

@Cuchlainn – yes unfortunately bird strikes have been found to be extraordinary circumstances in Marcela Pešková and Jirí Pešká v Travel Service a.s. and Recital 15 of EC261 would appear to acknowledge that such circumstances can affect more than one flight.

[JDB]

@Cuchlainn – yes unfortunately bird strikes have been found to be extraordinary circumstances in C-315/15 Marcela Pešková and Jirí Pešká v Travel Service a.s. and Recital 15 of EC261 would appear to acknowledge that such circumstances can affect more than one flight.

The earlier email is sort of incredible, save they they clearly live in a world of chaos and can’t even select the right copy and paste excuse to avoid paying.

BA also appears to be adopting the line with a number of people that no ‘right to care’ expense reimbursement is due for cancellations over 14 days in advance.

[Cuchlainn]

Thank you both ( Lady London and JDB ) for your continued advice and apologies for the double post last night.

BA have replied today to my requery last night re their incorrect email and stand over the cancellation being 14 days out and the other claim that it was as a result of a bird strike……. So glad that at least their aircrew are competent because their back office is woeful.

Will give it a couple of days and see do I have the will to push it formally via legal means.

Thanks to all.
C