BA refusing compensation for July Heathrow cancellations

[lestmak]

Hi all, just received the email below from BA refusing compensation for their cancellation. This was part of the LHR reduction in flights over the summer, and BA cancelled twice, once outside of the 14-day window, the second time within a week while we were on holiday. This meant that we had to stay overnight at Geneva Airport.

They say the cancellation is for “operational reasons” and therefore not due for EU 261 compensation – is this right, as I would have thought it was their discretion to cancel these particular flights and not others.

They also damaged a suitcase (lost a wheel on an Samsonite suitcase) and the flight back was held on tarmac for nearly two hours once landed at Heathrow, but those are separate issues. As the email says, they are refunding our overnight expenses

Any advice on whether / how best to take up with BA?

Thanks for contacting us about your claim for EU compensation. We’re sorry it was necessary to cancel your flight from Geneva on 19 July. Your claim’s been refused because BA0735 on 19 July was cancelled because of operational reason.

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.

I’ll transfer £248.43 to your Nationwide bank account using the details you provided to cover your out-of-pocket expenses. Please don’t respond to this email in the next 48-72 hours, as this may delay the payment being processed.

Thanks again for following this up with us. I hope we have the chance to welcome you on board again soon.

[AJA]

The only way you can challenge this is if you know the exact reason for the cancellation. At this point it is difficult to prove that the cancellation was for any other reason than the limit on the number of passengers imposed by LHR on the airlines. BA are obviously saying that the cancellation is based on factors out of their control and blaming LHR.

I think I’d just accept the refund of hotel and move on.

[JDB]

Yes, unfortunately when ATC/weather/cap restrictions are imposed, the airline gets to choose which flights to cancel in order to meet the overall reductions in flow, so no compensation due.

The caps may remain in place beyond October which suits BA as they are still not in a position to operate/handle their full schedule.

[Lady London]

However cancellations at very short notice, weeks and months after Heathrow and BA in particular had received the formal request to cut flights, are BA’s poor operational planning and personally should be challenged and claimed. As the airline had long enough to sort themselves out and give the requisite 14 days advance notice of cancellation that avoids them paying compensation.

So nearer-in cancellations now are BA’s own operational issues eg lack of staff or eqpt, etc, and as such are not exceptional circumstances caused by the much earlier global request to cut flights so should attract compensation.

Note that duty of care is always required to be provided (eg the choices of passenger about rerouting, and reimbursenent of extra hotel and meal costs) no matter how far ahead the airline cancels if subject to EU-UK261

[JDB]

Lady London wrote:

However cancellations at very short notice, weeks and months after Heathrow and BA in particular had received the formal request to cut flights, are BA’s poor operational planning and personally should be challenged and claimed. As the airline had long enough to sort themselves out and give the requisite 14 days advance notice of cancellation that avoids them paying compensation.

So nearer-in cancellations now are BA’s own operational issues eg lack of staff or eqpt, etc, and as such are not exceptional circumstances caused by the much earlier global request to cut flights so should attract compensation.

Note that duty of care is always required to be provided (eg the choices of passenger about rerouting, and reimbursenent of extra hotel and meal costs) no matter how far ahead the airline cancels if subject to EU-UK261

The Heathrow cap was announced/imposed 7 days before the flight in question…

[Lady London]

Yes @JDB my comment uses the wording “flights being cancelled weeks (so at least 2 weeks) and months after the cap was announced”.

So not 7 days. So flights being cancelled now, weeks and months later, should be looked at with a beady eye as BA has had long enough for the cap not to be the reason for cancellation whatever they say.

My current list of the biggest lying industries is :second hand car dealers, then estate agents, followed (albeit at some distance) by airlines.