corporate-wage-slave

Apologies if this comes across as a repetition but CR won't change their minds. So you may as well get CEDR going sooner rather than later, since the paralegals work off other criteria. So just ask them to confirm that this is their final position and therefore they are OK with a referral to CEDR. It's a fairly clinical process, I wouldn't labour the issue.

sgd

Got it. Thank you again for your help/ guidance. Will report back.

rbAA

The safety issue is a variation of what BA used in my claim. It wasn't successful as the CEDR arbitrator found that it was a known issue since at least 2017 and that BA hadn't taken reasonable measures to avoid the inconvenience of flight cancellations. I believe that I posted my CEDR decision here previously, but if not, PM me with an email address and I'll send it to you, together with the briefs filed in the matter. It would be helpful to track which aircraft was originally assigned to your flight, as in my case, I showed that the aircraft was reassigned and operated the same day just on a different flight.That further undercuts their safety argument. Also, I detailed the enitre BA fleet that was available for my length flight. Keep in mind that BA has the burden of proof that they took reasonable measures, not just poor fleet management issues, and if they don't adequately do that you win.

On the 8 week issue, I filed early and CEDR sent me a notice to explain why. By the deadline for my explanation, the 8 weeks had passed and they just ignored that issue and proceeded as usual.

mike turnbull

When claiming EU compensation for a cancelled BA flight, do you claim for all other expenses on the same claim form, or are there two seperate forms you should use ? Thanks.

Trav1970

steve170461

Just a quick update on the above which started at Post #767 .

I decided to take this to CEDR and have just been advised that my case has been upheld. This was mainly due to BA failing to prove that our delay was due to unusual circumstances. BA had a delayed turnround meaning our plane was caught by the subsequent emergency landing and failed to give the reasons for the delayed turnround leading to the reactionary delay to our flight.

corporate-wage-slave

Thanks for reverting back, since we are starting to see a pattern emerging from CEDR here - namely that they take on board extraordinary circumstances but then apply the further additional tests that CJEU and other appellate courts have reinforced in recent (and not so recent) rulings. This may help others in their claims. However the caveat is that common to all 3 cases upthread is the suggestion that BA didn't present sufficient evidence to support their arguments, which may be something they will focus on in the future. Admittedly proving something extraordinary happened is much easier than the additional tests (such as inherent, could not be avoided, all reasonable measures).

steve170461

I did ask BA for the reasons for the turnround delay but they couldn't/wouldn't reveal them,so giving me the impression that there was more to it. They did supply copious notes on the day's activity for the aircraft however. One thing that CEDR did jump on-as did I, was the fact that BA used the phrase "just after" referring to the runway closure when that was actually referring to a time interval of over 2 hours.

babarage

FlyerTalker39574

steve170461

Would it help others if I put the full 4 page judgement on here-I see it was done a while ago in another case. No issue either way-apart from working out how to do it!!

simons1

Yes, ideally as an attachment. Always helps others to challenge in similar situations.

BA_Pax

Just thought I would update on the above from August. After much messing around - and getting calls from the Exec Club not knowing what I want, I have just had a call from someone (number withheld - lucky I answered it). This polite lady informed me she works in the EU261 part of the Executive Club, and there is absolutely no way I am getting anything out of them except the 40,000 Avios being the difference in miles needed between Club and First (20,000 per passenger - again ignoring the two poor passengers who happened to be on the AMEX Voucher). Apparently this is all I'm getting - they are already in the account - and as it was weather related, and miles paid for, that's it. No point in appealing. Matter closed.

I guess MCOL is it then? It really seems to cheapen the AMEX voucher which we work so hard for.

Thanks.

corporate-wage-slave

Yes, I fear so. You could ask Amex to replace the vouchers, and then add them to BA in your MCOL application when they decline, but I guess that is to add to the nuisance value. You will need to frame MCOL quite carefully.

Trav1970

Update on this case. BA finally responded to my second message as follows:

Dear Trav1970,

Thanks for contacting us again about your claim for compensation. I’m sorry you’re unhappy with our previous response. Firstly, please accept my apologies for the delay in responding.

I’ve reviewed your claim. We take all reasonable measures to avoid delaying a flight and we’ll always consider if there are any operational options available before we make a decision. However, I’ve checked the details of your journey and I’m pleased to advise you’re entitled to compensation for the delay to your flight BAxxx on [date]. The distance of your disrupted journey was over 3,500km and this has been calculated in accordance with EU legislation. This means you’re entitled to €600.00 in compensation. I’ve arranged a bank transfer for this amount and the money will be on your account shortly.

When a flight is delayed or cancelled we would normally only rebook you to the next available British Airways flight according to our General Conditions of Carriage. Any exceptions to this policy can only be done at the airport. We were happy to absorb the cost of rebooking you to another airline so that we could get you to your destination sooner. If we offer you a flight with another airline, this and all other options would have been discussed with you by our staff. As I’m sure you can appreciate, by agreeing and accepting to travel in a lower cabin with KLM, we can’t offer you downgrade compensation. However, you would be entitled to a refund of the difference in fare between the two cabins, and this will be refunded to the original form of payment used to purchase your ticket. As your ticket was issued by Finnair, you would have to contact them for the refund.

Thanks again for getting in touch. Please feel free to contact us if we can help you any further and we look forward to welcoming you on board again soon.

So it seems that we are now getting somewhere, at least related to the delay compensation. BA's view of me "agreeing" to travel in a lower cabin is questionable as I never "agreed" to it, and in fact I made a reclamation regarding this as soon as I was handed the paperwork, then called both BA and Finnair and again tried calling BA the following morning before the flight. I guess I may need to see what would come out of the fare difference. I fear the result will be the actual cost of the journey minus the most expensive Y cabin fare.