FlyerTalk Forums - View Single Post - The 2025 BA compensation thread: Your guide to Regulation EC261 / UK261 / APR
Old Jan 2, 2025 | 9:52 am
  #10  
Jerryflying
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Join Date: Sep 2024
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Help Clarifying BA settlement response at CEDR

I'd be grateful for some views of the offer I've received from BA at CEDR. I'm suspicious - especially as BA has previously denied my full claim twice.

In brief: BA flight cancelled from Shanghai to LHR in Oct. Reroute offered, non-direct 10 hrs 30 earlier than original flight. Lost last hotel night in Shanghai. After travel BA agreed to cancellation compo but applied 50% cut as replacment flight arrived earlier than original flight. Replacement flight arrived 5 hours 35 mins earlier but departed 10 hours 25 earlier and involved 5 additional hours travel. I challenged BA's interpretaition of UK/261 Article 7.1.c and 7.2.c but they stuck to their position that 50% deduction per passenger was correct.

I took BA to CEDR for full compensation £520 each passenger (total claim 1040) not the £260 they already paid each passenger. I cited UK/261 Article 7 above.

Today BA has offered full and final settlement at CEDR. BUT their response appears to contain 2 conflicting statements. I have put these in bold. My claim was for £1040 (but noted I had received £520 already).

Please note that the airline/airport has made a settlement offer. The offer is as follows :
Amount: £520.00
Terms: "In order to bring this matter to an amicable conclusion and save parties further inconvenience, we would like to make you a full offer of settlement. Please note that this offer is made in full and final settlement of all issues raised in your application. Also, please be advised that if you have already received any amount of money from British Airways relating to the claim, this will be deducted from the amount offered. Please note the above offer has already taken into account the £520.00 compensation payment you have already received. In line with the Aviation Adjudication Scheme Rules, if the airline is offering a full settlement, the matter will be closed by CEDR. Next actions As we have offered a full settlement, please select ‘Accept Offer’ on the CEDR system. We have raised your payment of £520.00 using the details you previously provided in your claim. Please allow 7-10 working days for this to show in your account."

Since BA has already paid £520 it is confusing that they state they have raised a payment especially when the first statement is that will deduct any amount already paid from their offer.

But they do state I should accept as their offer is full settlement. Have they just worded their response badly or is it designed to confuse?

Any reasonable company I would accept the offer at face value, but is this a trick?

I phoned CEDR for advice. They were very helpful. They suggest I reject BAs offer and ask for clarification. I now see they have also helpfully added this note to my case file. Rejecting the offer does appear slightly risky as it may go to adjudication.

Would you
a. accept the offer and hope it is genuine.
b. Take the CEDR advice and reject and ask for clarification and risk adjudication?

Thanks
Jerry

Last edited by Prospero; Jan 2, 2025 at 9:56 am Reason: Adjust text colour for dark mode readers
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