Old Dec 1, 17, 10:09 am
  #1726  
corporate-wage-slave
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Originally Posted by Tim_T View Post
Received notification today from CEDR.
Not unexpectedly, I lost at CEDR for flight cancellation due to MF cabin crew strike.
Reasons given are below. I don't agree with it, especially point 10 which is not true. I also don't understand points 9 and 12, why cancelling 4 days in advance is reasonable grounds for denying EC261 since there is no requirement for this point in the regs other than within 2 weeks. I believe CEDR has ignored most of my evidence and sided strongly with BA. I'm not surprised to be honest.

I hope this helps others.
Tim_T
Thanks for posting the details, which I'm sure will be of interest to others affected. Now I agree that the judgement dragged in all sorts of context which aren't strictly relevant to your case, so items 9 and 12, however I suspect any court based process would probably do the same. Point 10 looks accurate to me, though not the full story, and it would have been very difficult to get Qatar to run longhaul services. Maybe I've missed something there. It's not so unusual that the outcome looks suspiciously like a BA version of events: if the CEDR officer is handling several customer complaints - all worded differently - and a near identically worded BA submission, then it's easier to wording which supports BA's position.

The key problem with your case was that it was a Mixed Fleet route, as I understand it, so BA can say "our staff were on strike", and then the CEDR judgement looks reasonable. Some other cases relate to routes which are not Mixed Fleet operated, so I suspect that may be different since it would have been more obviously a commercial decision.

You do have the option of going to MCOL, but I wouldn't give it a high chance of success, particularly after the CEDR ruling which will doubtless be brought to the judge's attention and given a heavy weight. I suspect you still have an arguable case, but it would be based on narrowing down the focus to your flight - and no other - and the options open to BA to run that flight as scheduled - could they have done more to avoid the cancellation? But given the re-routing options provided, the fact that strikes are regarded as extraordinary circumstances, and the CEDR judgement, my personal view is that this would be a tough case.
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