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  • Sudz74 51 posts

    I have had a swift (negative) response from BA regarding a flight cancellation notified by email 10 hours before departure (Malaga to LGW). The alternative flights offered by BA and the one we eventually took were all scheduled to arrive back in the UK more than four hours later than the original. A second email received on day of departure said the cancellation was due to “operational constraints”.

    The email states this as the reason for no compensation due:

    “Your claim’s been refused because BA2641 on 31 December was cancelled as the aircraft you would have operated on had to divert to Birmingham as they were unable to make landings into London Gatwick as crosswinds were above the safe operating limit. Although some flights were able to operate as normal, your flight was one of those we had to cancel. Due to the reasons of your cancellations being down to weather you there fore are not eligible for any APR compensation payment for this disruption.”

    Is this a reasonable excuse to deny compensation? The weather was certainly bad the day before but looking at flight radar on the day we left, none of the other airlines’ LGW-bound planes from AGP (other than ours) were cancelled.

    There was only me on this particular booking, OH and brother were on a separate one but same cancelled flight and haven’t (yet) made a claim. I have not had previous experience of claims but assume BA will try to rebuff a claim?

    They did agree to small incidental cost, though with made up amounts and the email added the comment “Just to make you aware, if you respond to this email within the next 48-72 hours, it may cause a delay in your payment being actioned.” Does that imply I should wait a few days to challenge?

    Thanks

    JDB 4,630 posts

    @Sudz74 – if the reason given by BA is true, then that is a legitimate basis for them to refuse the cancellation compensation. The weather at either end of your particular route can be immaterial if the aircraft suffered ‘extraordinary circumstances’ on a previous rotation and there is a direct causal link to your cancellation.

    BA Flyer IHG Stayer 2,244 posts

    Yes it is reasonable.

    There is basically an exemption from paying compensation when a flight is cancelled due to weather even if other flights even on the same route still operate.

    Sudz74 51 posts

    Thank you both.
    Frustrating when other LCCs managed to get their customers where they wanted to be without the night-time shenanigans (calls to India) we endured.

    Lady London 2,139 posts

    I’d make them prove it as @JDB has previously advised in other cases. According to @JDB BA will not provide you proof but will have to if you take it to CEDR or MCOL.

    I’d use your own booking as the specimen to prove the point – ask them if that’s their final answer. If they say yes or as soon as 8 weeks have elapsed since you first contacted them about this, without you receiving satisfaction, you take it to CEDR for free or MCOL for a small charge.

    My reasoning is that since middle of last year too many reports on here that make it look as though BA has developed a new Zen strategy against paying due compensation : (“The sound of one hand clapping affects a leaf falling anywhere in the world”) 🙂 and seeming to claim unrelated weather far, far away from the zones concerned up to 3 flights back (like an airline operating to the scale of BA in the world has no other aircraft for a reasonably predictable level of contingency
    …really 🙁 ) caused a cancellation somewhere else.

    If other flights of other airlines especially on similar routes or zones departure and arrival were still operating Yeah I’d make BA produce the proof and the way to do that is at least CEDR.

    If you make them cave or win on yours then they ought to pay out on your party’s other bookings if you claim those after that but just try yours first. Nothing ventured nothing gained, BA has plenty of form on here for lying denials that they paid out on when they had to prove, it costs you nothing to ‘see their hand’.

    Please let us know the outcome.

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