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Forums Other Flight changes and cancellations help Compensation for BA cancelled flight – what are my rights ?

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    My son and daughter were flying home from Sydney via Singapore on 21st June with BA (BA0016) They landed in Singapore and were told that their onward flight to Heathrow would be delayed for 24hrs. They were taken to a hotel and given food etc and got home 24hrs later. They put in a claim for compensation to BA and were refused on the grounds that it was out of their control. They said it was due to restrictions imposed by Singapore authorities, which meant a replacement crew had to be found and had to take minimum rest before operating.
    I received the reply yesterday having sent the initial email on 11th July !
    Is there anything else I can do ? Grateful for any advice

    6,555 posts

    The burden is on BA to prove that extraordinary circumstances existed such that compensation isn’t payable. However, as there is no sanction for them failing to provide such proof to you, it will be difficult to extract. The next step is to ask BA for proof in accordance with Article 5(1)(c) and (3) which the ECJ determined in the case of Sturgeon applied to long delays as well as cancellations and give them 14 days to respond. After that, if they don’t respond (likely) you need to decide if you wish to pursue at CEDR or MCOL which you should initiate by sending a Letter before Action by registered letter to Andrew Fleming, Head of Legal setting out your claim and giving 14 days to respond, failing which you will proceed without further reference to arbitration or the County Court. Bear in mind that it is possible that extraordinary circumstances did apply such that no further compensation is due.

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