Whitstabubble

Hi CWS, sorry to piggy-back on gpp1 's success - would you suggest that MCOL is still a preferred path over CEDR when BA doubles down on the 'Commercial reason as a result of Coronavirus' line?

I've had a reply to my request asking for evidence of all reasonable measures being put in place and was fobbed off again with a "As your flight was cancelled due to commercial reasons, as a result of the coronavirus it means you’re not eligible for EU compensation." so I'm about to go back and ask them to confirm their final position. Just wanted to make sure I don't end up wasting my time going through CEDR and end up in the middle of the EC Covid guidance minefield. Thanks again.

corporate-wage-slave

The reason I suggested MCOL in that case was because the circumstances were very clearly in the OPs favour, and the only way the OP would have lost the case was if CEDR was taken in by the European Commission's guidelines. Unfortunately we don't have the specific evidence from anyone so far as to how CEDR is handling that aspect. Given the 300€ sum, I could see BA weren't going to spend similar sums on legal costs, hence the advice to go MCOL.

As mentioned upthread, there is no point haggling with BA on this, asking for evidence, getting into email ping pong. This is transactional, so just ask BA to confirm their position will not change so that you can pursue the matter via MCOL or CEDR. Anything else is a waste of time. I don't have enough information on your claim to say whether you should go CEDR or MCOL.

Garimi

little update about my BA633 ATH-LHR on 20 Oct cancelation

key points:
1. cancelled on 7 Oct 2020 inside 14 days....
2. I send claim to BA pressing Greece is on travel corridors and Greece Authorities accept people from UK without any restrictions....

first response:
flight cancelled due industrial action in Greece (Air Traffic Control).
3. I did digging and action was on 18 and 19 but not 20 Oct ...so I asked them for any proof on it.
They response now...
cancelation due knock out effect of industrial action . any answers to my questions
4. so again I pressed what they cancelled on 7 Oct way before industrial action and asked them again when they received information about planning industrial action
5. now they change position
flight cancelled due covid-19....
asked them for their final answer...

so I think now i have just CEDR and MCOL way to do it

does anyone have template letter before action which I can use before MCOL?

CEDR route is now very long I have one case from March still ongoing CEDR was so kind for BA what they give them 7 time more time to prepare answer...even BA missed one deadline and CEDR confirmed it but next day they give again more time to BA which is nuts....

NWIFlyer

If BA has given you a 'our position won't change' response then you don't need a Letter before Action - just go straight to either CEDR or MCOL. If you don't have that, formally ask BA for it through the customer service portal - it'll generally arrive within 24 hours. In your case I'd have thought MCOL would have more chance of success, assuming you can find a UK address to issue proceedings from.

What you haven't told us is what you asked BA to do - refund, re-route or carry at earliest available opportunity. I'd suggest that would make a massive difference to how this pans out. You cannot claim compensation until you've actually flown any alternative offered (or arguably purchased if BA just won't play ball).

gpp1

Sorry should have been more specific. On day 14 they did exactly that and said they'll contest the claim thereby buying more time. On day 28 they submitted their defence which was that they'd paid the claim in full. This was an interesting case in that it was a change in days of operation rather than a reduction in schedule.

Simonmiller

I received an email this morning from BA to thank me for accepting changes to my upcoming flights on 8th November and confirming what I had agreed. Unfortunately it was the first I'd heard about it! I had originally been travelling:

13:30: BA639 ATH-LHR
18:35 BA1422 LHR-BHD

I'd deliberately picked that flight combination so I wouldn't have to get up too early on the Sunday morning and to also get another couple of hours in the city. My new flights are now:

08:00 BA631: ATH-LHR
12:55 BA1416: LHR-BHD

Calling the gold line the member of staff I spoke to seemed very confused and said the BA1422 had been rescheduled to 12:55, but I suspect it's probably been cancelled.

Am I right in thinking that although both my flights are departing more than four hours earlier than planned, and it's within 14 days I can't claim compensation as I will actually be arriving earlier than planned?

Unfortunately my flight move means I have been ejected from Row 1 on the ATH-LHR leg as well which I'm still struggling to get over!

corporate-wage-slave

Thanks for confirming that, I can't recall a recent case where BA paid within the standard timelines, it seems standard procedure on day 13 or day 14 to ask for the 2 week extension, and if they are going to "fold" they still leave it to the last moment to confirm that.

Simonmiller

Just an update - I called up again and was put on to my original ATH-LHR flight and then swapped my LHR-BHD leg to the next day.

corporate-wage-slave

You can still put in a claim, since if you have to leave more than 1 hour early due to the cancellation, and you were not given 2 weeks notice. The fact you arrive early simply cuts the compensation by half, to 200€. This assumes the cancellation was due to commercial factors. BA won't pay this willingly, unless they have another change in policy, so you would have to pursue via CEDR or MCOL.

Now that BA have offered to get you to BHD later instead, you could still try for that 200€, given there was no way to get you to BHD the same day, but I think the argument will be that you opted for this change rather than the one BA doled out to you.

Simonmiller

Thanks for the reply CWS! I may try for compensation in that it was within the 2 weeks and the only option to get me to BHD the same day meant leaving more than an hour earlier which didn't suit. In the end I chose to postpone the LHR-BHD leg to the next day simply because it suited. Happy to go down the CEDR or MCOL route!

chipster

My itinerary is NCL-LHR-NQY and return. My NQY-LHR sector was cancelled and rebooked to a flight 24 hours later, meaning I have to stay away from home longer. The cancellation is less than 14 days before travel. I did send a claim in for EU 261 but they rejected it, saying it was cancelled due to “commercial reasons due to coronavirus” and so no compensation is due. It just doesn’t seem right to me, and I’m not sure if it is worth taking it further

corporate-wage-slave

See some of the recent posts. This seems to be current policy but I don't think it is compliant with EC261. After you have travelled, you should send the bill for accommodation to BA, if they won't pay up - and I suspect they won't - then you will have to look to CEDR or MCOL. Compensation is also payable for commercial cancellations if that is the only reason. There are some other cases pending in this area so we will learn more. And to reiterate one key aspect, you can't claim EC261 until after travel is complete.

adrianlondon

Do BA just cycle randomly through a list of reasons for not paying EU261 before giving up, or do they put some thought into it?

My BSL-LHR flights were cancelled. Again. (They really should sort out their timetables rather than just cancelling a block of flights then having the fantasy of four or five the following day.)

I was emailed 12 days before my flight to tell me it was cancelled. (Well, 11 days if a day is 24 hours rather than rounding up.) As they keep doing this, I've given up being "nice" and clicked the option to claim EU compensation.

First response ... cancelled due to operational reasons, so no compensation.

I asked whether all the flights that day, and every day a week either side, were also cancelled due to operational reasons.

Second response .... sorry, I mean you had 14 days notice so no compensation.

I've now pointed out that it was 12 days and 13 days prior I actually checked MMB and it was there (and in the timetable).

Waiting for the third response which will no doubt blame covid. Is the correct response to then finally ask them if that's their final answer (no asking a friend) before MCOL?

corporate-wage-slave

I may have mentioned this before a few times, but the only reason to enter into this sort of dialogue is for personal amusement. After the first rejection, the reply should be "will your position change? If not kindly confirm that your position will not change so that I can take the matter to MCOL/CEDR".

adrianlondon

Ah, I was waiting for the "covid" response. Thanks! Luckily, I have other forms of amusement. Even youtube cat videos, and I don't like cats, beat an argument with BA.