Centre for Effective Dispute Resolution (CEDR)
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Forums › Other › Flight changes and cancellations help › Centre for Effective Dispute Resolution (CEDR)
Hi all,
Some advice please, our BA CW flight to Miami was cancelled a few hours before we were due to arrive at the airport, and received notification via text, offering us an alternative flight, but for the next day, in WT and via Madrid (so not direct).
The impact on me not being able to get to Miami on the original day had a negative impact on me professionally, which I made clear at the time and subsequently when I raised a complaint. This issue was ignored, and of course I was given the EU recommended compensation for the cancelled flight as well as overnight hotel and subsistence to cover out of pocket.
They offered £200 credit towards a future flight in the next 12 months, but I didn’t feel they accepted the impact this cancellation caused, and I suggested that a more appropriate resolution would be 50,000 Avios. (I picked this number as on my previous BA flight a colleague was sat in a seat with no entertainment screen and they offered 100,000 avios as an apology). BA rejected my counter and stated the £200 was full and final.
Its been suggested that I could submit a case to CEDR, but research suggests that my grounds for doings so may not be supported due to existing case law and conventions (Montreal Convention – no claim for damages for disappointment or distress).
Can anyone offer any advice as how I may counter this defence please?
Never risk a flight problem affecting work, do a risk assessment before booking.
If you want an argument, ask why you were not re-routed earlier.
If your flight was scheduled to be operated by an A380, BA know they go tech.
You’re lucky they even gave you the £200 in addition to the statutory (not a mere recommendation) compensation of £ 520.
Airlines (not just BA) aren’t liable for consequential losses that than be costed (loss of a hotel, cost of car hire) let alone something as nebulous as “professional reputation”
I mean legally BA has done right with cancellation compo, provided accommodation and subsistence costs under right to care.
We don’t have enough information to give further advice. Did you fly via Madrid in WT in the end? Have they re-routed you differently and in what class?
@BAFlyerIHGStayer we don’t have enough information to claim whether BA has done everything correctly. If OP flew in WT next day via Madrid then they would in addition to cancellation compo and right to care have the right to reimbursment of 75% for downgrade which is very likely more than £200.
@meta where did I state BA had “done everything correctly” because I certainly didn’t.
I only addressed two of the points raised and ignored the downgrade part knowing others would comment on that.
My bad, apologies I must have had a moment.
Never risk a flight problem affecting work, do a risk assessment before booking.
If you want an argument, ask why you were not re-routed earlier.
If your flight was scheduled to be operated by an A380, BA know they go tech.
Fair point, and I’ll blame my naivety. But yes it was the A380 and as you suggest, given it sounds as if they know they go tech, why didn’t they re route earler.
I mean legally BA has done right with cancellation compo, provided accommodation and subsistence costs under right to care.
We don’t have enough information to give further advice. Did you fly via Madrid in WT in the end? Have they re-routed you differently and in what class?
No, I did a bit of online research and identified an AA flight direct the next day, but in Business (CW), so they agreed I could change to that flight. I did ask, given that they were still delaying me a day, why they didn’t offer that flight instead of the WT one via Madrid.
Thank you for confirming. Legally BA has done everything right plus given you extra £200 as a goodwill gesture.
Regarding why they didn’t know earlier, this is part of any operations and it can happen with any plane at any point of the journey. Do you know in advance when your car will break down and in need of repair?
Thank you for confirming. Legally BA has done everything right plus given you extra £200 as a goodwill gesture.
Regarding why they didn’t know earlier, this is part of any operations and it can happen with any plane at any point of the journey. Do you know in advance when your car will break down and in need of repair?
For clarity they didn’t give me the £200 that is their full and final offer.
You said in your original post that they also gave you cancellation compensation and paid for accommodation and subsistence (right to care) plus re-routed you at earliest possible and reasonable date in the same class of travel. This was their only obligation.
You got an extra £200 on top which you weren’t even entitled to legally as a gesture of goodwill. You then asked for more and they said no, understandably so. You also can’t compare your situation to your colleagues’ whose flight went on time, but was ruined due to bad seat/service.
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