BA blames flight cancellations on Covid-19 and refuses to pay compensation
May 11, 2022, 2:47 pm
#76
Join Date: Oct 2014
Location: Krakow
Programs: BAEC Silver, Miles and More(FTL), IHG(Platinum), Accor, HHonors(Diamond), SPG, Hertz Five Star
Posts: 5,937
My Loves, have you seen the bottom of the article
A British Airways spokesperson said: “We’re sorry that in this case we incorrectly denied a compensation claim and we’re contacting our customer to apologise and resolve the matter.”
I had wondered if anyone here had been in receipt,of a denial of the claim. On the strength of it, it would seem that BA has admitted to a mistake and are taking care of the matter. Does anyone know different or have I missed something?
A British Airways spokesperson said: “We’re sorry that in this case we incorrectly denied a compensation claim and we’re contacting our customer to apologise and resolve the matter.”
I had wondered if anyone here had been in receipt,of a denial of the claim. On the strength of it, it would seem that BA has admitted to a mistake and are taking care of the matter. Does anyone know different or have I missed something?
maybe contacting whoever wrote this article and asking them to get BA to comment will lead to them accepting another "mistake" and contacting him
the last line , in my opinion, shows they know fine they should not be denying these claims and just hoping people go away.
its disgraceful behaviour
May 11, 2022, 2:52 pm
#77
Ambassador, British Airways; FlyerTalk Posting Legend
Join Date: Apr 2012
Location: Leeds, UK
Programs: BA GGL/CCR, GfL, HH Diamond
Posts: 42,990
Yes so my claim was for a LHR-MAN flight on 24 April. Email cancellation notice received 10 days before the flight. I have had a reply to the original claim, and a reply to my response to that. See below:
First reply
Second reply
First reply
Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to cancel your flight. Your claim's been refused because BA1394 on 24 April 2022 was cancelled because of operational constraints as a direct result from the Covid-19 pandemic.
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.
Thanks again for following this up with us. Please feel free to contact us if we can help you any further and I hope we have the chance to welcome you on board again soon.
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.
Thanks again for following this up with us. Please feel free to contact us if we can help you any further and I hope we have the chance to welcome you on board again soon.
Thanks for contacting us about your claim for EU compensation. We're sorry it was necessary to cancel flight. I understand this is something you feel strongly about and I appreciate why you're unhappy with our previous reply.
I’ve had another look at your claim for compensation and I’ve taken time to make sure our response is accurate and up-to-date. Based on this, our decision hasn’t changed and the response you’ve received about the eligibility of your EU compensation claim are correct.
As your flight was cancelled due to issues caused by COVID-19, which include staff needing to self isolate, it means you’re not eligible for EU compensation.
Article 5.3 of the EU Regulation 261/2004 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances can include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your cancelled flight.
If you would like to know more about EU compensation, please visit our pages on ba.com.
Thanks again for contacting us.
I’ve had another look at your claim for compensation and I’ve taken time to make sure our response is accurate and up-to-date. Based on this, our decision hasn’t changed and the response you’ve received about the eligibility of your EU compensation claim are correct.
As your flight was cancelled due to issues caused by COVID-19, which include staff needing to self isolate, it means you’re not eligible for EU compensation.
Article 5.3 of the EU Regulation 261/2004 states a carrier is not obliged to pay compensation if it can prove the delay or cancellation is caused by extraordinary circumstances, that couldn’t have been avoided even if all reasonable measures had been taken. In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances can include weather, strike and the impact of an air traffic management decision which gives rise to a long delay. This means you’re not entitled to compensation under the EU Regulation for your cancelled flight.
If you would like to know more about EU compensation, please visit our pages on ba.com.
Thanks again for contacting us.
May 11, 2022, 2:56 pm
#79
Join Date: Apr 2018
Location: London
Programs: Gold at BA, Hilton and Radisson.
Posts: 593
But I firmly believe my cancellation was not due to Covid - it happened during the IT meltdown. This is caused by a lack of investment and poor decision making. It was originally rejected due to ‘operational reasons outside of our control’.
I kicked back and BA surprisingly, and quickly, paid out.
The sceptic in me believes this might now be part of a bigger policy to reject claims to avoid paying out X% hoping those few don’t pursue.
May 11, 2022, 3:04 pm
#80
Join Date: Oct 2014
Location: Krakow
Programs: BAEC Silver, Miles and More(FTL), IHG(Platinum), Accor, HHonors(Diamond), SPG, Hertz Five Star
Posts: 5,937
is the basis of your claim against them that you do not believe the issues were covid related as they state, or do you not believe covid is suitable exceptional circumstances 2 years into the pandemic or is there is it something else?
May 11, 2022, 3:10 pm
#81
Suspended
Join Date: May 2022
Programs: BA
Posts: 41
My Loves, have you seen the bottom of the article
A British Airways spokesperson said: “We’re sorry that in this case we incorrectly denied a compensation claim and we’re contacting our customer to apologise and resolve the matter.”
I had wondered if anyone here had been in receipt,of a denial of the claim. On the strength of it, it would seem that BA has admitted to a mistake and are taking care of the matter. Does anyone know different or have I missed something?
A British Airways spokesperson said: “We’re sorry that in this case we incorrectly denied a compensation claim and we’re contacting our customer to apologise and resolve the matter.”
I had wondered if anyone here had been in receipt,of a denial of the claim. On the strength of it, it would seem that BA has admitted to a mistake and are taking care of the matter. Does anyone know different or have I missed something?
May 11, 2022, 3:23 pm
#82
Fontaine d'honneur du Flyertalk
Join Date: Jul 2001
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Posts: 19,180
May 11, 2022, 3:56 pm
#83
Join Date: Jun 2005
Location: AUS
Programs: AA Exec Platinum/MM, DL Gold/MM, Hilton Diamond, Accor Platinum, Hertz Presidents Circle
Posts: 6,978
weather, strike and the impact of an air traffic management decision
May 11, 2022, 4:58 pm
#85
Join Date: Jun 2005
Programs: EVA Air , * G, QR Privilege Club S
Posts: 5,188
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, 7:42 pm
#86
Join Date: Nov 2012
Location: Minutes from ATL
Programs: DL
Posts: 436
If the airline routinely plans for and experiences 5% of crew calling out sick and one day 45% call out sick I can see how that is beyond their control. I am not seeing evidence to support such circumstances, however, nor does that apply to cancels in the 7-14 day range.
May 11, 2022, 7:58 pm
#87
Original Member
Join Date: May 1998
Location: Northern England
Posts: 1,535
I had the exact same responses from BA for a cancelled NCL LHR flight. Have now filed with CEDR. On this, KARFA is not unique 😉
May 12, 2022, 12:42 am
#89
Join Date: May 2012
Location: Munich, Algarve, Sussex or S.F Bay Area
Programs: Mucci, BA Gold, A3*Gold, AA Plat, HH Gold, IHG Plat Amb, Marriott Plat
Posts: 4,164
It’s about time we had regulators to effectively ensure airlines play fair. I also still think that airlines that incorrectly deny requests, which are later forced to pay via CEDR or MCOL should be additionally penalised. Sort of like a parking fine if you don’t pay in 14 days.
May 12, 2022, 12:52 am
#90
Join Date: Jul 2005
Location: London, ARN, HEL, ..... or MAN
Programs: BA GGL / GFL, Mucci Diamond!, HH Diamond, Radisson Premium, IHG Gold, Hertz Gold
Posts: 5,907
For those who have received a response (payment or refusal) , can I ask how long it took to get the reply? I’m coming up to a month on mine and, bar the weekly apology emails, haven’t heard anything else.
