corporate-wage-slave

BA have sent their submission to CEDR (which you have sent to me via PM, many thanks, but I need time to go through it all on a screen and keyboard bigger than a phone). CEDR will then judge the case after any feedback from you and then let you know the outcome. At that point, if CEDR don't go in your favour, you can go to MCOL or the small claims system in India (not that I know anything about that).

Ned1968

**UPDATE**

I had a flight cancelled at short notice (<24 hours) last September thanks to the pilot strikes, as a result I arrived at my final destination (EDI) more than 3 hours late on a flight with BA back from Beirut.

I submitted an EC261 claim to BA, which they rejected, stating

"Your claim's been refused because BA1446 on 11 September 2019 was cancelled because of industrial action that was carried out by flight crews on the two days prior to your planned travel date. This had a serious knock on effect to our schedule and a number of services had to be cancelled. Strikes are an extraordinary circumstance and are outside of our control.

We take all reasonable measures to avoid disruption to a flight and we always consider if there are any other alternative solutions before we make a decision. The cancellation was out of our control and caused unforeseen disruption to our schedule".

I submitted the case to CEDR and today I was informed that BA - not surprisingly - decided to settle and I will get the EUR 600 to which I was clearly entitled.

Very disappointed that BA would try to get away with this tactic - they must have known they would fail but I expect that equally they know that many claimants will take their word for it i.e. strike action is not covered by EU261 and walk away. And in my case they managed to avoid paying compensation for over four months.

Posting this update in case it helps someone else in the same situation

Nina Merchant

many thanks. Based in the uk so what is the best way to go in that case?

NWIFlyer

I think you may have misunderstood the process here. CEDR has not yet determined the case, so this is not “CEDR found in my favour, BA is refusing to pay”. That simply doesn’t happen - BA will abide by CEDR’s decision whenever it arrives.

All your initial response from CEDR means is that your claim is within their remit to adjudicate on. It is not a decision.

As with any process, including court, both sides now how an opportunity to state their case. BA have made their submission. Now you must submit yours (and if you need advice on what to say, you’ve found the best place). CEDR will look at both arguments and make a decision based on the law.

That will take several weeks. BA may even offer to settle in the meantime, although this is rare. Once you’ve made your submission, which obviously should counter whatever points BA are making, then you just wait.

if CEDR finds in your favour - great, you’ve won, BA will pay up. If CEDR rules in BA’s favour then you still have the MCOL (small claims court) option but feel free to come back for more advice on the likelihood of success given that costs money and carries more risk.

SteveWhite88

Got my compensation and expenses from the BA 274 flight that was delayed overnight on Friday 21st February for 24 hours due to a technical issue. Whilst my claim was straightforward, props to BA for paying out so efficiently, took less than a week!

Finkface

And I am going into month 6 of an also very straightforward claim (hotel from the pilot’s strike), including over a month into a CEDR claim which BA have not even responded to. I am just so fed up with the whole thing and it really makes me think twice about canceling the upcoming BA flights I have booked. The hassle they are putting me through for a slam-dunk claim just leaves a sour taste that they won’t just pay it.

Knowle Rohrer

This is going back sometime but I have nothing to lose by posting here for your advice.

On May 2nd 2018 I was booked on BA006 from Tokyo Narita to London Heathrow in economy (leaving NRT at 12:55 and getting back to LHR at 17:30).. 38 hours before the flight I received email notification that the flight had been cancelled and they had rebooked me from Tokyo Narita to Chicago O'Hare to London Heathrow departing on the same day (getting back to London 16 hours later than my original flight). I was very unhappy but there were no options available.

Later when checking my booking there was a new offer - Japan Airlines 43 leaving Tokyo Haneda at 11:20 and getting back to London Heathrow at 15:55 which I accepted.

I was told upon my return that the cancellation was due to the inspections of the Trent 1000 engines and they were not liable to pay me any compensation under EU law. Reading through this forum makes me think otherwise from other similar cases. I understand I would need to submit this to CEDR - what evidence would I need to submit? I have an email from BA about the flight cancellation with the original offer on but nothing in writing about my replacement JAL flight?

corporate-wage-slave

It would help if you have the boarding pass stub or a photo of it, but only in a small way, I imagine that BA will have a clear record of this and I doubt it would be a disputed issue. Proof only becomes important if something is going to be disputed and this doesn't look like an example of this. If this was purely Trent then I think you have a good case, the only difference compared to some of the cases from last year is that calling something an extraordinary circumstance after 2 years is getting a bit of a stretch, but that isn't in any event disputed, CEDR has been ruling it was extraordinary, just that BA haven't don't enough to mitigate the issues arising. So yes assuming you have had what looks like a final decision from BA you can then do a very simple and short claim to CEDR. BA strongly disagrees with CEDR's stance so it will almost certainly go the whole way on this.

Note that you would only get half the full compensation, so 300€ in this case, due to arriving before the original schedule.

corporate-wage-slave

Have CEDR given you a confirmation of acceptance? Normally CEDR would then give BA 15 working days (usually 3 weeks) to submit their case otherwise it's game over for them. If CEDR haven't confirmed then BA won't have seen your case. So if you have indeed waited over a month you should ask the Adjudicator to find in full for your claim as uncontested.

Finkface

Yes, I received the confirmation of acceptance on Jan 30. I guess I will contact CEDR on Monday. It is just the whole back-and-forth that is annoying and how much of my time this has taken since last September for such a small amount of money (~£230).

FlyerTalker39574

It is annoying, but once you have succeeded, it’ll be easy to do the next time, when the money could be larger.

Misco60

Don't give up: that's exactly what BA wants you to do.

I have been pruning my email folders and came across an email exchange with BA from 2017, following a short-notice cancellation. In the initial email they told me that the cancellation was due to weather and that no compenstion was due. In the second (apparently from the same agent) they said it was due to the crew being out of hours. In a third (same agent), that a crew member had been taken ill. Each of the emails contained the usual platitudes about how disappointed I must be and how they value my business and look forward to welcoming me on board on my forthcoming trip to xxx (random future flight). Then, three months later (after I'd been to MCOL), a short email telling me that BA was paying my claim in full. No explanation, nor apology for being untruthful and wasting my time for months.

Finkface

Mine is even more frustrating. It is a valid claim - hotel and dinner at LHR from the pilot strike in Sept. After 2 months, they finally paid it but put wrong routing number with the bank account number. This, despite me confirming the info no less than 4 times. My bank could obviously not trace it so returned the payment to BA two days later. That was November. Fortunately, I had a great person at the H/O of the bank who tirelessly went through every transfer received on that day (hundreds and hundreds) and found out what had happened. I gave the info to BA including the return code from my bank so BA knows they have the money back yet no one will reissue the payment. I called them weekly and filled out webforms for 2 months and finally filed with CEDR in January, I have spent probably 40 hours and dozens of phone calls and emails on this, all for £230. And I honestly believe BA will just refuse to reissue it regardless of the outcome. At various stages, I even offered to settle for Avios or a voucher instead of them reissuing the payment but they never answered any of the emails and stopped communicating in Dec. when they said they paid it and the case was closed. It is just ridiculous.

07L 25R

I had an involuntary downgrade a few weeks back, and have not really done anything about it (compensation/reimbursement wise). Wondering whether your (collective) advice would be to wait it out and see whether BA offers anything proactively (and how long should I wait), or to take the initiative and ask for compensation? (Regarding TP/Avios, I tried to use the missing Avios claim form for the 'missing' TP/Avios from the downgrade, but that doesn't seem to work, as I was credited for a Y-class flight)

corporate-wage-slave

Nothing pro-active would happen. If you were credited for a Y class flight then you can use the general webform to ask for ORC. You should put in a separate claim for reimbursement, however do a rough calculation of the Mennens formula (see Wiki) and so when BA eventually reimburses you - it may take several weeks - you will know whether you want to use EC261 to push it further.