BA blames flight cancellations on Covid-19 and refuses to pay compensation
May 13, 2022, 10:03 am
#121
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I had a MAD - LHR flight cancelled 8 days before I was due to fly ALC-MAD-LHR on an Avios booking in CE. I got back my Avios. I have not checked the refund recently. Thanks to you all I claimed on Friday 6th May. I would never have known that I could had I not read this here. I received this today
Dear Madame Galore
.Thank you for your claim for EU compensation. We’re sorry that your BA463flight on 23 April 2022 to London didn’t depart as scheduled. We know your time is precious and we’re sorry that your travel plans were affected.
We’ve reviewed your application and we’re pleased to confirm that you’re entitled to compensation under EU Regulation 261. This has been calculated as €250 per customer. Please visit ba.com to find out more about the calculation.
We’ll transfer the total amount into your bank account within 14 business days. If you didn’t provide any details, we’ll send you a cheque in the post.
We trust this goes some way to make up for the inconvenience to your journey. If we can help in any other way, please contact us. We hope we can welcome you on board again
Dear Madame Galore
.Thank you for your claim for EU compensation. We’re sorry that your BA463flight on 23 April 2022 to London didn’t depart as scheduled. We know your time is precious and we’re sorry that your travel plans were affected.
We’ve reviewed your application and we’re pleased to confirm that you’re entitled to compensation under EU Regulation 261. This has been calculated as €250 per customer. Please visit ba.com to find out more about the calculation.
We’ll transfer the total amount into your bank account within 14 business days. If you didn’t provide any details, we’ll send you a cheque in the post.
We trust this goes some way to make up for the inconvenience to your journey. If we can help in any other way, please contact us. We hope we can welcome you on board again
May 13, 2022, 10:20 am
#122
A FlyerTalk Posting Legend
Join Date: Aug 2006
Location: Argentina
Posts: 40,208
This has been calculated as €250 per customer. Please visit ba.com to find out more about the calculation.
We’ll transfer the total amount into your bank account within 14 business days. If you didn’t provide any details, we’ll send you a cheque in the post.
We trust this goes some way to make up for the inconvenience to your journey. If we can help in any other way, please contact us. We hope we can welcome you on board again
We’ll transfer the total amount into your bank account within 14 business days. If you didn’t provide any details, we’ll send you a cheque in the post.
We trust this goes some way to make up for the inconvenience to your journey. If we can help in any other way, please contact us. We hope we can welcome you on board again
May 13, 2022, 11:15 am
#123
Join Date: Sep 2016
Location: Bristol
Programs: BA Silver, Hilton Gold, Caesars Diamond
Posts: 921
Two days after my CEDR claim goes in…
Your recent compensation claim – an apology from British Airways
We recently contacted you about your compensation claim in relation to the cancelled BA840 flight to Zagreb on 25 April 2022.
Unfortunately there was an error in the way we initially categorised a number of cancelled flights so we incorrectly advised you that you were not entitled to receive EU compensation on this occasion.
We're extremely sorry for this mistake. We’re processing the compensation you’re owed and this will be with you within 30 days. If you provided us with bank details when you submitted your original claim, we’ll send a bank transfer. If you didn’t provide bank details, we’ll send a cheque in the post. There is no need to contact us.
Once again, we apologise for this error. We hope to welcome you back on board soon.
Best regards,
British Airways
Your recent compensation claim – an apology from British Airways
We recently contacted you about your compensation claim in relation to the cancelled BA840 flight to Zagreb on 25 April 2022.
Unfortunately there was an error in the way we initially categorised a number of cancelled flights so we incorrectly advised you that you were not entitled to receive EU compensation on this occasion.
We're extremely sorry for this mistake. We’re processing the compensation you’re owed and this will be with you within 30 days. If you provided us with bank details when you submitted your original claim, we’ll send a bank transfer. If you didn’t provide bank details, we’ll send a cheque in the post. There is no need to contact us.
Once again, we apologise for this error. We hope to welcome you back on board soon.
Best regards,
British Airways
May 13, 2022, 11:58 am
#124
Join Date: May 2013
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May 13, 2022, 12:14 pm
#125
Ambassador, British Airways Executive Club, easyJet and Ryanair
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I put an expenses claim in on Monday seeking reimbursement for one night in a hotel after our LHR-MAN flight was cancelled giving just 5 days notice.We decide to stay away an extra night. This afternoon I received an email from BA, I did not seek EC261 compensation:
“Thanks for contacting us about your claim for compensation. We’re sorry it was necessary to cancel your flight to Manchester on xx April. We don’t underestimate how much this must have disrupted your travel plans. We take all reasonable measures to avoid cancelling a flight and we’ll always consider if there are any alternative solutions available before we make a decision.
I’ve checked the details of your journey and I’m pleased to advise you’re entitled to compensation for the cancellation of your flight, BA1402, on xx April.
The distance of your disrupted journey was over 3,500km and this has been calculated in accordance with EU legislation. This means you’re entitled to €600.00 in compensation.
The total amount of compensation you’re due is €1,200.00 as there are two passengers included in your claim. I’ve raised a bank transfer for this amount in your local currency, which will be paid directly to you.
I've raised a further bank transfer for Ł.xxx to cover your expenses in full. Both of these should reach your account within 14 days.
Thanks again for getting in touch. Please feel free to contact us, using the blue link below, if we can help you any further and we look forward to welcoming you both on board again soon.”
That’s very impressive, 4 days to respond and an extra €1200 to boot!
“Thanks for contacting us about your claim for compensation. We’re sorry it was necessary to cancel your flight to Manchester on xx April. We don’t underestimate how much this must have disrupted your travel plans. We take all reasonable measures to avoid cancelling a flight and we’ll always consider if there are any alternative solutions available before we make a decision.
I’ve checked the details of your journey and I’m pleased to advise you’re entitled to compensation for the cancellation of your flight, BA1402, on xx April.
The distance of your disrupted journey was over 3,500km and this has been calculated in accordance with EU legislation. This means you’re entitled to €600.00 in compensation.
The total amount of compensation you’re due is €1,200.00 as there are two passengers included in your claim. I’ve raised a bank transfer for this amount in your local currency, which will be paid directly to you.
I've raised a further bank transfer for Ł.xxx to cover your expenses in full. Both of these should reach your account within 14 days.
Thanks again for getting in touch. Please feel free to contact us, using the blue link below, if we can help you any further and we look forward to welcoming you both on board again soon.”
That’s very impressive, 4 days to respond and an extra €1200 to boot!
May 13, 2022, 12:26 pm
#126
Original Poster
Join Date: Apr 2018
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Posts: 170
I'm not sure how the Supreme Court Judgment in Bott & Co Solicitors v Ryanair DAC ([2022] UKSC 8) helps anyone here. That case was all about ensuring Bott & Co get their fees paid! Other than the fact Bott & Co are EC261 claim handlers, nothing in that judgment has anything to do with a passenger's entitlement to compensation under EC261 or how an airline should conduct itself in the claims process.
As that judgment states "... Bott is a solicitors’ firm which specialises in consumer claims conducted on a “no win, no fee” basis. Bott began handling flight delay compensation claims in February 2013. Its business model is premised on processing a large volume of claims, the vast majority of which are expected to be settled by the relevant airlines without dispute..."
Where there is unlikely to be dispute in a claim, using the services of a claims handler is a waste of money given most airlines have a simple online process to follow (not unlike the one you have to complete when using Bott). If an airline rejects the claim then there is ADR there to help the disrupted traveller get their compensation, that too is an online process.
If there is an arguable defence to a claim for EC261 then by all means use a no-win-no-fee outfit, but if the claim is a straightforward one (as most will be) then it's just as easy to do it yourself - help or no help you still have to provide exactly the same information to an online portal.
If anyone would like to read the Supreme Court Judgment in Bott & Co Solicitors (Appellant) v Ryanair DAC (Respondent) ([2022] UKSC 8 On appeal from: [2019] EWCA Civ 143), you will find it here: https://www.supremecourt.uk/cases/do...4-judgment.pdf
As that judgment states "... Bott is a solicitors’ firm which specialises in consumer claims conducted on a “no win, no fee” basis. Bott began handling flight delay compensation claims in February 2013. Its business model is premised on processing a large volume of claims, the vast majority of which are expected to be settled by the relevant airlines without dispute..."
Where there is unlikely to be dispute in a claim, using the services of a claims handler is a waste of money given most airlines have a simple online process to follow (not unlike the one you have to complete when using Bott). If an airline rejects the claim then there is ADR there to help the disrupted traveller get their compensation, that too is an online process.
If there is an arguable defence to a claim for EC261 then by all means use a no-win-no-fee outfit, but if the claim is a straightforward one (as most will be) then it's just as easy to do it yourself - help or no help you still have to provide exactly the same information to an online portal.
If anyone would like to read the Supreme Court Judgment in Bott & Co Solicitors (Appellant) v Ryanair DAC (Respondent) ([2022] UKSC 8 On appeal from: [2019] EWCA Civ 143), you will find it here: https://www.supremecourt.uk/cases/do...4-judgment.pdf
Tobias, my reading of the Bott's Judgement maybe somewhat different from yours.
While the main issue in contention in that case was about the solicitor's commission/compensation which was being challenged by Ryanair the Lords, in their Judgment, remarked that third party solicitors can play an important role in providing access to justice to passengers whose well founded claims are being unscrupulously denied by some airlines. In addition, the Lords were very clear in their decision that, save for exceptional circumstances which they referred to as weather conditions, flight delays beyond the stipulated time limit cannot escape compensation, which the airlines know very well but try to avoid.
I have reproduced below page 52 (parags 160 and 161) of that Judgment for those interested or those who have not well understood the various issues considered or addressed by the Judges in arriving at their decision:
"160. As already noted, Bott’s scheme enabled people with flight delay claims for less than Ł500 to pursue them with the professional assistance of solicitors at a capped cost of (on average) about one third of the value of the claim, and no cost liability at all in the absence of a recovery. When launched in early 2013 neither Ryanair nor any other airline (so far as the evidence went) had set up its own online scheme for enabling passengers to seek recovery of flight delay compensation. Payment was not volunteered by airlines, which must have known which flights were relevantly delayed, and must have had the names and contact details of the passengers thereby entitled to compensation. The rapid success of Bott’s scheme demonstrates that it served a hitherto unmet demand. Whether it spurred Ryanair or other airlines to launch their own online compensation schemes can only be guessed at, but does not appear unlikely.
161. Accordingly, viewed as at 2013, I consider that Bott’s scheme did serve the cause of access to justice. It did so notwithstanding the unlikelihood of any issue as to quantum, the limited facts needing to be established and the limited defence of exceptional circumstances available to the airlines. Although, viewed objectively, it may have been very unlikely that a claim based on the existence of the relevant delay and the absence of reported exceptional weather conditions would be disputed by the airline, the scheme provided access to justice in the sense that it enabled passengers to seek compensation due to them by a simple route, at a price (in terms of Bott’s charges) which it must be supposed that they regarded as acceptable, by comparison with the effort and uncertainties of pursuing their claim (if they even knew about it) direct with the airline".
May 13, 2022, 12:54 pm
#127
Join Date: Oct 2014
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If BA have now had a change of heart and are now reaching out to people who they previously rejected claims for and are now informing them that they made a mistake and will provide the compensation due then that is a positive step, much less disgraceful, especially if they are reaching out to people who did not chase and threaten CEDR!
May 13, 2022, 1:09 pm
#128
Ambassador, British Airways Executive Club, easyJet and Ryanair
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The judgment relates to a very specific and complicated area of law, whether a solicitor can claim an “equitable lien” over the compensation due to a passenger client by an airline. The case was about Bott protecting its fee, nothing in that judgment was an endorsement of Bott nor a suggestion that an affected passenger should use a solicitor. The judgment’s only binding affect is that a solicitor can claim an equitable lien over the compensation due in certain specific circumstances.
May 13, 2022, 2:50 pm
#129
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If BA have now had a change of heart and are now reaching out to people who they previously rejected claims for and are now informing them that they made a mistake and will provide the compensation due then that is a positive step, much less disgraceful, especially if they are reaching out to people who did not chase and threaten CEDR!
No matter. We all make mistakes and as far as I am concerned the matter is closed. I leave you to your legal discussion
s as I am not a lawyer nor am I litigiously inclined. Best of Luck to you all.
May 13, 2022, 3:34 pm
#130
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May 13, 2022, 9:12 pm
#131
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Join Date: Apr 2018
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Well, I think all is well that ends well as well as BA and other airlines realize their mistakes in such cases. A big thank you to all the contributors of this eventful thread.
May 16, 2022, 3:01 pm
#132
Join Date: Jun 2014
Location: London
Programs: Hilton Diamond, IHG Diamond, BA Gold
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I also got the apology email after I took the case to CEDR. They initially said it's not eligible for compensation because the flight was cancelled due to operational reasons..
But I'm a little confused about the amount: the 4pm flight was cancelled 10 days in advance and I was rebooked to the 8am flight on the same day. Should this not mean I should only get 50% of the compensation because there was no delay to the arrival time?
But I'm a little confused about the amount: the 4pm flight was cancelled 10 days in advance and I was rebooked to the 8am flight on the same day. Should this not mean I should only get 50% of the compensation because there was no delay to the arrival time?
May 16, 2022, 3:06 pm
#133
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I also got the apology email after I took the case to CEDR. They initially said it's not eligible for compensation because the flight was cancelled due to operational reasons..
But I'm a little confused about the amount: the 4pm flight was cancelled 10 days in advance and I was rebooked to the 8am flight on the same day. Should this not mean I should only get 50% of the compensation because there was no delay to the arrival time?
But I'm a little confused about the amount: the 4pm flight was cancelled 10 days in advance and I was rebooked to the 8am flight on the same day. Should this not mean I should only get 50% of the compensation because there was no delay to the arrival time?