British Airways Accused of “Sidestepping” Compensation Claim
Jackie Reddy April 17, 2019
BA’s attempts to evade a passenger’s compensation claim are described as “sidestepping” by Anna Tims, a consumer affairs journalist with The Guardian. Outlining the problem to Tims, the traveler says they were refused the right to make a claim over a delayed flight to Barcelona for several reasons.
A British Airways (BA) passenger was almost left out of pocket by the carrier after it attempted to evade their attempt to claim compensation due to a delayed flight, The Guardian reports. According to the outlet, the airline’s attempts to disqualify the traveler’s claim are especially “ingenious.”
Putting his query to Anna Tims, a consumer affairs journalist with the outlet, the passenger, identified only as JC, writes, “My BA flight to Barcelona was delayed by over three hours due to damage to an aircraft door. Although I flew with my family, we were on two separate bookings. BA first claimed we were not due compensation because the damage was “an extraordinary circumstance” and therefore exempt under EC rules.”
They go on to say that, “After I pointed out such damage is not exempted, BA agreed I was due £220 ($287) because of the delay (I am an Executive Club member) but my wife and two children (who are not) have been denied. When I queried this, customer relations claimed that the delay due to the damaged doors was 178 minutes, two minutes under the threshold for compensation, and the remaining delay was to do with the airport and counted as “extraordinary.”
The passenger then also goes on to explain that they were later told that, due to this threshold rule, they had been compensated in error. Tims contacted the carrier on behalf of the passenger and it was revealed that the airline eventually deemed that they were indeed due compensation. This, however, had been delayed due to a processing error.
Once the passenger received their claims, Tims made contact with BA regarding the claim for his wife and children, who were subsequently refunded £660 ($860).
Speaking of the incident, Tims commented, “One has to assume that other passengers without your tenacity will have been left out of pocket by BA’s deft sidestepping.”
FlyerTalker, serfty, suggested this thread for any BA compensation information.
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The claim process at the European level is so well done that it makes it impossible for the airline to evade its responsibilities if one follows the rules. I always underline in writing that 1) Denial of a claim, once pursued through the administration in charge at the national level of each member state , exposes the airline to not only paying the claim but incurring a substantial fine and 2) that I am willing to accept compensation in kind (i.e. a voucher) if the claim is accepted quickly, but that I shall demand a monetary payment if things drag on. So far, it has never failed.
Unfortunately, many airlines attempt to place the blame elsewhere when it is clearly their fault, in an effort to avoid paying compensation. Without some form of transparency, you are at the mercy of the airline to be honest about the nature of the delay / cancellation.
It is simply a ploy to try to avoid their legal responsibilities, not at all rare and they calculate its worth the negative reports as many people do NOT follow up
I suggest this well credentialed and well read thread (and it's earlier versions) bears this out: https://www.flyertalk.com/forum/british-airways-executive-club/1948451-2019-ba-compensation-thread-your-guide-regulation-ec261-2004-a.html