KARFA

If the test in the regulation allows for them not to be liable for compensation depending on what is offered as an alternative, I suspect your claim to CEDR will not get very far if you are uanble to at least show you asked what it would be and that it was beyond the limits.

cauchy

I'm using "should" in the way the Department of Transport does when it says "you should not holiday in amber countries"! It's "should" rather than "must".

Do we have data on how BA is dealing with these cases? Clearly that they're trying to beat the 14 days limit means they recognise there's some chance they could be liable for the compensation. If I were in the OP's position I'd try to get a CEDR or MCOL case in early, and would settle it quickly and quietly if the opportunity arose. Especially with CEDR, the risk-reward ratio could be quite favourable.

KARFA

Yes, they are refusing claims and opposing if you take it to CEDR on the basis of extraordinary circumstances due to covid. I know of several instances of claims where BA have not settled in circumstances more favourable to the claimant than this. If they can point to changes in recent rules and such like, that is going to make it even more difficult for the claimant.

CEDR has often found in BA's favour, it is not a one way street should you go that far. So as noted, if someone wants to claim be expected to go to CEDR and put in some decent arguments to have any hope of winning. The purpose of this comment is not to put someone off, but to set realistic expectations for the effort you will need to go through to have a chance of success. Don't expect BA to pay out and don't expect settlement or an easy ride at CEDR.

adrianlondon

CEDR worked well for me in similar circumstances (although BA offered no re-routing so it was a simpler case).

cauchy

In Malta's case, I don't think there have been any adverse rule changes.

As an aside, we might have expected them to be green-listed (cases currently 1/3rd of the UK, most recent daily report I can see is 3 cases) - but this was never guaranteed, and will hopefully change in the next week or two.

Alan Shave

I need some help with the MCOL (or CEDR) process and how to value a claim for re-routing.

If I'm looking for BA to re-route me at another date, then how do I quantify my claim in monetary value? Should I base it on the original value of the Avios/Taxes, or the cost of a new ticket on my chosen dates?

I've seen some suggestion that you can book a fully flex ticket for your chosen dates and look to claim for that, but the cost of a similar fully flex tickets on my dates is coming out at over £30k... So no really feasible.

I'd prefer to just lodge a claim that requires BA to rebook me on my chosen dates, but I'm not sure if that is even possible?!

bisonrav

Not BA at all, but a quick attempt to leverage the expertise here before the mods catch up.

I have a booking for a seaplane ride with Loch Lomond Seaplanes tomorrow (19th). They just emailed explaining their aircraft has gone tech and the flight is cancelled. I'm aggrieved because had they communicated this yesterday (the fault was known then) I could have cancelled or moved my arrangements, and now I can't.

I can't see any reason why this wouldn't fall under EC261 or equivalent post Brexit arrangement, they are an air carrier with a licence, this is a technical fault causing a cancellation.

Any opinions before I push this?

rjn21

May I ask for a view on which address to use for BA to send a recorded delivery letter before action to, and then MCOL proceedings if needed?
Companies House states: Waterside, PO BOX 365, Harmondsworth, UB7 0GB, but I thought you couldn't send a recorded delivery to a PO Box?

(I also thought you weren't permitted to have a PO Box for a registered office, but I may be misremembering old Companies Act stuff).

UKTraveller4Fun

Was recently delayed on a BHD-LCY flight and BA have accepted the compensation request and offered £213.99 bank transfer or £400 e-voucher instead. Have to say I was surprised by the £400 evoucher, there are no real catches to this is there as assume I dont need to use it in one go and can be split over a couple of bookings. Seems a far better deal than £ 214, BA must really be strapped for cash!

corporate-wage-slave

You can send post by recorded delivery to PO boxes, but these days it's simply easier to print up your own Tracked 24 or Tracked 48 label and use any post box. You will get full tracking on that. I wouldn't go for the "signature on arrival" option in the current climate because it's not an operating option.

LPQ

You may wish to double check the £400 eVoucher - it might be for e400.

UKTraveller4Fun

It specifically states £400 so I would expect them to honour the sterling amount if I accept.

LPQ

That's good. I had a standard compensation level offer for a flight from MAN. It would be increased if I opted for an eVoucher but it would be in euros - it was e400 but still worth taking.

rjn21

I would appreciate thoughts on the below scenario, before I proceed with issuing MCOL.

Background
LHR to AUH downgraded F to J.
This was during the prior policy of cabin closure = fight cancellation = refund right or opaque fare difference reimbursement, as opposed to now where cabin closure ≠ flight cancellation so no refund, but EC261 reimbursement.
I was notified in advance more than 14 days by email and No refund of any amount received.
I Booked through Propeller who asked BA to make an appropriate refund (I have a copy). No refund of any amount received.
I opened a customer relations case. No refund of any amount received.
I sent a Letter Before action asking for the Mennens formula value on LHR AUH (I did the full calculation showing my working).

Edited reply from BA:

I did not ask for compensation, and none is due. They seem to be of the view that a downgrade, notified in advance and where travel is taken, does not give rise to any reimbursement.

Propeller are BA's agent, not mine. Whilst my contract is with Propeller (as an agent of BA) liability under EC261 lies with BA as well as the obligation to provide the service actually paid for and any liability for any deficiency. Propeller have asked BA to reimburse, but BA have not.


I'm of the view to issue MCOL now for the Mennens value, but would appreciate any thoughts if I'm missing something - eg. why they wouldn't offer even the opaque fare difference. Alternatively I could proceed with MCOL for EC261 and add in a CRA claim for service not delivered. Thanks in advance.

corporate-wage-slave

Maybe I've missed something here, but can you confirm you actually travelled in J on the date of your original booking? If you did then you should get Mennens, if not you don't, but you can/could get an FTV.

You would also approach Propellor for the Mennens reimbursement, but if they refused or could not get it from BA then BA is responsible to make good any shortfall and thus the action party under CEDR or MCOL.