BA blames flight cancellations on Covid-19 and refuses to pay compensation
May 11, 2022, 7:02 am
#46
Original Poster
Join Date: Apr 2018
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If BA gets away with this, all other airlines will eventually stop any delay/cancellation-related EC compensation to passengers by simply blaming Covid-19 in every single case.
This is what's at stake. A new paradigm shift for impacted passengers from airline compensations to insurance claims very cunningly orchestrated by BA.
Should passengers allow the airlines to get away with this?
This is what's at stake. A new paradigm shift for impacted passengers from airline compensations to insurance claims very cunningly orchestrated by BA.
Should passengers allow the airlines to get away with this?
May 11, 2022, 7:10 am
#47
Ambassador, British Airways Executive Club, easyJet and Ryanair
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That's something to put to BA rather than me. A judgment will not necessary alter an airline's behaviour, nothing stopping them from refusing any claim they choose. Even with a binding precedent (which a simple judgment is not) that would only be relevant should an airline be taken to court in similar circumstances at a later date. If a binding precedent is established the airline could reject similar claims in the future confident in the knowledge that there is no legal liability.
May 11, 2022, 7:19 am
#48
Join Date: Jan 2003
Location: London, UK
Posts: 5,657
Arguably, the bigger scandal is not BA's approach. They're a commercial entity and will always attempt to try it on.
The wider issue is that the CAA is simply not fit for purpose. They're the regulator, they're the ones tasked with keeping BA and the other airlines in check, and they simply don't. Their pathetic response in Simon Calder's article is simply to wash their hands of the issue and point consumers to arbitration when there is a systemic issue which they should be addressing. That's where people's ire should be directed.
The wider issue is that the CAA is simply not fit for purpose. They're the regulator, they're the ones tasked with keeping BA and the other airlines in check, and they simply don't. Their pathetic response in Simon Calder's article is simply to wash their hands of the issue and point consumers to arbitration when there is a systemic issue which they should be addressing. That's where people's ire should be directed.
May 11, 2022, 7:24 am
#49
Join Date: Nov 2015
Location: London
Programs: BA Gold
Posts: 1,683
Arguably, the bigger scandal is not BA's approach. They're a commercial entity and will always attempt to try it on.
The wider issue is that the CAA is simply not fit for purpose. They're the regulator, they're the ones tasked with keeping BA and the other airlines in check, and they simply don't. Their pathetic response in Simon Calder's article is simply to wash their hands of the issue and point consumers to arbitration when there is a systemic issue which they should be addressing. That's where people's ire should be directed.
The wider issue is that the CAA is simply not fit for purpose. They're the regulator, they're the ones tasked with keeping BA and the other airlines in check, and they simply don't. Their pathetic response in Simon Calder's article is simply to wash their hands of the issue and point consumers to arbitration when there is a systemic issue which they should be addressing. That's where people's ire should be directed.
May 11, 2022, 7:27 am
#51
Join Date: Dec 2010
Location: Lincoln, UK
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The year is 2037. BA deny a passenger cancellation compensation citing Covid as the reason for the delay.
Covid has been around for at least 28 months. How far into the future will there be a legal basis for Covid being responsible for current events? And will the court of public opinion (or the regulator) accept this?
Covid has been around for at least 28 months. How far into the future will there be a legal basis for Covid being responsible for current events? And will the court of public opinion (or the regulator) accept this?
May 11, 2022, 7:36 am
#52
Join Date: Jan 2008
Posts: 3,839
I was unsure if the CAA was the regulatory body here, but absolutely agree. It's clear BA, and probably other airlines too, just deflect (trying to avoid saying lie, but I mean lie) and delay a substantial number of claims, many of which they pay if you follow the procedure to CEDR or MCOL. A proactive regulator would see the number of cases where this happens and take corrective measures.
May 11, 2022, 7:44 am
#53
Join Date: Aug 2006
Location: Switzerland
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May 11, 2022, 7:54 am
#54
Join Date: Feb 2005
Location: London
Programs: BA Gold
Posts: 309
Frankly, considering that prior to the pandemic BA used all sorts of excuses to avoid paying out legally required compensation, sometimes with outright lies, they really can't be excused now. This is how BA have always behaved when it comes to compensation. Crying wolf
May 11, 2022, 8:06 am
#55
Ambassador, British Airways Executive Club, easyJet and Ryanair
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The year is 2037. BA deny a passenger cancellation compensation citing Covid as the reason for the delay.
Covid has been around for at least 28 months. How far into the future will there be a legal basis for Covid being responsible for current events? And will the court of public opinion (or the regulator) accept this?
Covid has been around for at least 28 months. How far into the future will there be a legal basis for Covid being responsible for current events? And will the court of public opinion (or the regulator) accept this?
It's not sufficient to simply say 'it's covid'; an airline has a much higher standard of proof to meet. Whilst in isolation none of the events in question amount to 'extraordinary circumstances', when viewed as a whole those circumstances 'could' meet the threshold of extraordinary circumstances. The airline has the burden of proof, and they would have a very tough time meeting that burden, but don't dismiss it. Stranger things have happened.
May 11, 2022, 8:31 am
#56
Join Date: Jun 2018
Programs: BAEC Silver
Posts: 160
I wonder why BA cannot get more staff though ? Could it be because they have a reputation as a bad employer who pays poor salaries and doesn't, really, look after their staff ?
Wasn't there a thread here not so long ago about them offering a £1000 signing bonus to staff with existing security clearance, and wasn't the view there one of "no chance" ?
The reason BA cannot attract staff is nothing to do with COVID. It is everything to do with the fact they are a poor employer, paying poor salaries. Those chickens have well and truly come home to roost.
Wasn't there a thread here not so long ago about them offering a £1000 signing bonus to staff with existing security clearance, and wasn't the view there one of "no chance" ?
The reason BA cannot attract staff is nothing to do with COVID. It is everything to do with the fact they are a poor employer, paying poor salaries. Those chickens have well and truly come home to roost.
May 11, 2022, 8:53 am
#57
Join Date: Oct 2014
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I assume you aren't suggesting Tobias-UK is only willing to argue for BA? As far as I can see he hasn't actually shared his personal opinion on the issue. Or are you probing to see if he can represent you for your own claim? 
From a professional point of view I think it would be interesting to argue for either side in this.
From a professional point of view I think it would be interesting to argue for either side in this.
if lawyers get paid the same if they win or lose then I can understand people being willing to fight either argument.
winning an unwinnable case would come with huge prestige
Losing an unwinnable case I guess nothing is lost
May 11, 2022, 8:55 am
#58
Join Date: May 2014
Location: DMV
Posts: 2,092
I think there's a case to be made that BA and other airlines have systematically tried to undermine all legislation concerning compensation for as long as it has existed. There's a long history of spurious justifications offered up by airlines to deny compensation, one that precedes Covid by several years. This should be taken into consideration when evaluating the legitimacy of their Covid arguments. After all you're dealing with a 'repeat offender' so to speak.
May 11, 2022, 8:58 am
#59
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Their claim of 'extraordinary circumstance' is not 'covid' in isolation but the culmination of a series of events and circumstances that, when viewed as a whole, create an extraordinary circumstance.
It's not sufficient to simply say 'it's covid'; an airline has a much higher standard of proof to meet.
It's not sufficient to simply say 'it's covid'; an airline has a much higher standard of proof to meet.
British Airways blames flight cancellations on Covid-19 – and refuses to pay compensation
May 11, 2022, 9:08 am
#60
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Yes it does, but that's not BA's headline. Of course the root cause is covid, and it would be disingenuous for anyone to suggest that covid has not played a part in the cancellations.