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We had four Avios business redemptions BER-LHR on 23rd Dec 2021. BA cancelled our flight and informed us on 21st Dec 2021. We accepted a rerouting onto a much earlier flight (left around 7am instead of 12 noon). BA saying we’re not entitled to any compensation as the flight was cancelled due to ‘extraordinary circumstances’:
Your claim’s been refused because flight BA0993 on 23 December 2021 was cancelled as a result of the global pandemic caused by 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.
Since the cancellation of the flight was caused by restrictions imposed as a result of a global pandemic, in accordance with the provisions of EC Regulation 261/2004, I’m afraid this means you are not entitled to receive EU compensation on this occasion.
They don’t seem to budge after I argued that them cancelling some of their flights (but not all) on that route because there’s less demand (due to German borders closing to UK travellers) isn’t an extraordinary circumstance.
Is this worth fighting, e.g. CEDR, MCOL, or should we just accept that we’re not due any compensation on this?
I think you are entitled to compensation as it was decided a while back that Covid can’t be cited as extraordinary circumstances any more. There are some good posts in the other EU/UK261 threads about how this works if you’re forced to come home earlier rather than being delayed.
@blue_wolf I fear the CAA guidance to airlines which states:-
“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.”does cover BA on the basis of your argument:-
“They don’t seem to budge after I argued that them cancelling some of their flights (but not all) on that route because there’s less demand (due to German borders closing to UK travellers) isn’t an extraordinary circumstance.”
There is this article which seems to cover a similar situation:
https://www.headforpoints.com/2021/03/21/ec261-compensation-coronavirus/comment-page-2/
…But I’m not particularly hopeful that I will win this one.
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There is this article which seems to cover a similar situation:
A reader wins EC261 compensation for a BA flight cancelled during covid
<iframe class=”wp-embedded-content” sandbox=”allow-scripts” security=”restricted” style=”position: absolute; clip: rect(1px, 1px, 1px, 1px);” title=”“A reader wins EC261 compensation for a BA flight cancelled during covid” — Head for Points” src=”https://www.headforpoints.com/2021/03/21/ec261-compensation-coronavirus/embed/#?secret=0IWHeBEF35″ data-secret=”0IWHeBEF35″ width=”500″ height=”282″ frameborder=”0″ marginwidth=”0″ marginheight=”0″ scrolling=”no”></iframe>
…But I’m not particularly hopeful that I will win this one.
That’s not really a similar situation. Many flights to/from Germany were cancelled following the German decision (on 19 Dec?) to exclude most UK travellers. That eventuality is fairly explicitly provided for in the guidance. It is however, only guidance so you can go to CEDR/MCOL but prospects are poor if that is the CAA view. This is why the facts and context of each case need to be considered.
IIRC there were ATC restrictions around that time requiring airlines to reduce the number of flights. Even if yr flight was the lucky one in these circs no compo.
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