Statutory compensation for cancelled flight – BA get out

[Chris4536]

We had our flight to Lisbon cancelled 7 days before we were due to fly on 22April 2022 . We were not rebooked onto an alternative and the only option available in Manage my booking was a flight nearly 8 hours earlier which was not possible for us to take. We submitted a claim for compensation which we believe should be 400EUR for each passenger. However BA have refused our claim because “BA0502 on 22nd April 2022 was cancelled as a direct result of unavoidable constraints imposed upon our operations caused by the current outbreak of COVID-19”

My question is this an extraordinary circumstance for BA refusing the claim and legitimate or are BA trying to fob us off and trying to avoid their legal obligation to pay the compensation?

[Lady London]

Just Google Lisbon on this site and you will find at least 2 other examples and their solutions. In fact, read the examples across many topics fully answered in the Flight Changes and Cancell tions category.

Basically send BA an LBA with your claim, ensure you add a claim fot any extra meals and hotel needed as well, and mcol it if they don’t pay up after your LBA. @meta has MCOLed BA on 2 occasions in exactly this situation on this route, and won and you are likely to come across that too in your search and review of posts on this site

[Lady London]

PS Just to be really, really clear BA is 99% likely to be lying through their teeth and still trotting out the Covid excuse which, in the case of no sudden worsening in the overall situation, is not an exceptional circumstance. Even staff sickness due covid is not counting as exceptional now. Same as any other staff sickness they are meant to have sufficient staff available for such incidences.

You might want to do some research or ask on flyertalk what was the officially filed reason. Very possibly the issue was with the incoming flight which is also not a valid reason. Even if the reason for the problem on the incoming flight was itself a valid exception, this exemption from compensation would only be valid for that incoming flight and would not exempt them from compensation for your flight.

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

[meta]

Covid-19 excuse is no longer valid nor extraordinary circumstance given that all restrictions have been removed in both UK and in Portugal as well (bar masks in public transport). I have now won three MCOL cases (well BA settled 2 out of 3 following LBA, two to Portugal and one to Sweden).

Staff illness is not an extraordinary circumstance per EC261/2004. They should have replacements ready at any destination as ruled by ECJ.