corporate-wage-slave

Right, so ATC strikes are Extraordinary Circumstances since BA is not the employer or has any negotation rights when they go on strike - that's between typically the ATC unions and the aviation authority for that country. But when BA employs a contractor for handling - they could do their own handling - then that is not extraordinary circumstances. There are some grey areas where some airports handle directly, so BA has no choice in the matter, but here BA chose Aviapartner and could chose someone else if they want. Aviapartner has also had some poor industrial relations disputes recently. Under the Krüsemann case, strikes - even wildcat ones - are on the employer, inherent and within the airline's control. There is also reference in EC261 where the airline can bill contractors for their failure to provide a high level of protection to customers. Then did BA do enough to use other contractors? Did it rebook people on other airlines? Were other airlines - using different handlers - unaffected? Were other airlines that use Avia able to cope better than BA? So yes, I think this is a plausible case.

Dougy_D

Hi All,

My wife and I were suppose to be on BA2778 on 13th July (LHR > JER) however after a delay, flight was cancelled (no reason given). Rebooked onto BA1362 (LGW > JER) next day so incurred hotel and transport expenses plus due compensation. Submitted claim a few days later but apart from the usual confirmation email I have heard nothing since. I have chased multiple times via email and the online form but still not heard anything. I am trying to stay patient but am getting frustrated as I see people receiving responses after this date and lack of communication from BA.

What should my next steps be?

TIA,
Doug

markle

I'm currently facing a 5+ hour delay to my flight today.

We're flying with a lap infant - are they also entitled to compensation? From my reading online it appears a bit ambiguous and down to whether or not the airline argues that the lap infant fare is an admin fee or a fare.

I've had a good read through the FAQ at the top of the thread - but don't see this anywhere!

corporate-wage-slave

I think I'd continue to advise that you raise a case with CEDR once you are past 8 weeks from your first submission.

corporate-wage-slave

My take is that if you hold a ticket and some money and/or airmiles were needed for that ticket, then you are a paid passenger. It's only completely free-of-charge tickets (e.g. competition winners) who are out of scope here. I believe BA takes the same view.

seagles1954

Many thanks, have updated CEDR with this information. They have also replied that they will pass this to the adjudicator and expect a response by 25th October. We will see what happens now.

johnaalex

I think this should have been as straightforward a case as possible, clearly BA don't agree.

I used Avios to purchase LHR:JNB in First. On the outbound leg I was downgraded to Club as F was not being sold at that time. I duly submitted by claim under EC261 but was only given about 20,000 Avios instead of the 75,000 I believe I am due. Having queried the amount, I received this reply "The EU legislation you mention applies to commercial bookings only. I've checked with our Refund Focus team and the refund of 20,247 Avios you've received is correct." I think the slightly odd figure is due to the "Household Account factor",

Is it worth me going back to BA or should I just go to CEDR?

corporate-wage-slave

The Reguation clearly states that airmiles are in scope. Article 3.3. The problem is that CEDR tends to side with BA about downgrades made well in advance, despite the regulation making no such distinction, so while I wouldn't rule it out as an option, MCOL would be better.

PlaneSpeaking

Gosh, I didn’t know MCOL would be better and blindly went to CEDR last year for a First to Club downgrade, also made well in advance. It took 6 months but CEDR awarded in my favour and the 75% was paid in cash. That’s a precedent for me as far as I’m concerned but if MCOL is CWS’s recommendation, I’d go with that, particularly as I’ve heard that CEDR don’t seem to know what a precedent is and every case is a new one.

sayling

I think the primary difference here is the currency... air miles (Avios) versus cash

sb1982

I have a simple OPEY situation, from July, and still nothing back.. so seems some simple cases also taking 3 months or more!

PlaneSpeaking

but CEDR award cash for downgrades…?

sayling

...where the fare was paid in cash. BA and CEDR are less obliging when it comes to recognising Avios bookings

PlaneSpeaking

Maybe we were lucky as our fare was Avios and Amex 241 but CEDR awarded cash based on the value of the Avios for the downgrade.

sayling

Very good to know - are the findings/ decision on your case public and accessible?