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    • nabobbles
    • By nabobbles 10th Sep 17, 2:34 PM
    • 6 Posts
    • 1 Thanks
    nabobbles
    You are correct. If the strike was BA staff, that is NOT an EC. Continue with your claim. Progress to an NBA or get a deadlock letter and go to an ADR if BA have signed up to one.
    BA have been hit hard by the IT failure earlier in the year and will try to avoid payouts wherever possible, including telling porkies.
    Thanks JPears.

    These strikes were due to a BA cabin crew strike, so in my mind this is a BA problem. Do you agree?

    I can see that BA are signed up to CEDR (ADR body). Do I need BA to provide me with a deadlock letter?

    What is an NBA? I've googled it but not come up with much...

    Thanks again
    • 111KAB
    • By 111KAB 10th Sep 17, 3:26 PM
    • 3,633 Posts
    • 1,477 Thanks
    111KAB
    nabobbles ... I agree ....NBA = notice (letter) before action .... read Vauban's Guide
    • guitarprinter
    • By guitarprinter 12th Sep 17, 3:39 PM
    • 4 Posts
    • 0 Thanks
    guitarprinter
    Hi, I'm in need of some advice...

    I recently had my BA flight cancelled due to a staff strike. I understand that BA do not need to pay compensation if the cancellation was due to 'exceptional circumstances' however I do not consider this strike to count as 'exceptional circumstances' because it was BA staff that were striking, not some 3rd party strike that would be outside of their control.

    I can see some comments above that seem to agree with me thus far.

    However, when I contacted BA, they said that they were not liable to pay compensation because the flight was "cancelled due to Mixed Fleet Cabin Crew being on strike. The strike was called out by Unite and not by British Airways". And so based on this they are claiming 'exceptional circumstances'.

    In my opinion my original argument still stands - the staff striking were doing so while working for British Airways as a result of British Airways treatment. This entire situation was fully within their control. I do not see how this could classify as 'exceptional circumstances'.

    My question is - am I entitled to compensation in this situation? On one hand I don't want to be fobbed off by BA (that's how I feel at the moment) but I also don't want to escalate this to CEDR (British Airways ADR) without having confidence that my claim is legitimate - mostly because they charge £25 for an unsuccessful claim.
    • Caz3121
    • By Caz3121 12th Sep 17, 3:52 PM
    • 10,781 Posts
    • 7,025 Thanks
    Caz3121
    check your flight details in a couple of the NWNF checkers (EUclaim, bottonline) and see what they say re compensation
    Have a look at the BA board on Flyertalk - there is a dedicated EU261 thread which will have many strike related posts
    • Tyzap
    • By Tyzap 12th Sep 17, 3:53 PM
    • 989 Posts
    • 501 Thanks
    Tyzap
    Hi, I'm in need of some advice...

    I recently had my BA flight cancelled due to a staff strike. I understand that BA do not need to pay compensation if the cancellation was due to 'exceptional circumstances' however I do not consider this strike to count as 'exceptional circumstances' because it was BA staff that were striking, not some 3rd party strike that would be outside of their control.

    I can see some comments above that seem to agree with me thus far.

    However, when I contacted BA, they said that they were not liable to pay compensation because the flight was "cancelled due to Mixed Fleet Cabin Crew being on strike. The strike was called out by Unite and not by British Airways". And so based on this they are claiming 'exceptional circumstances'.

    In my opinion my original argument still stands - the staff striking were doing so while working for British Airways as a result of British Airways treatment. This entire situation was fully within their control. I do not see how this could classify as 'exceptional circumstances'.

    My question is - am I entitled to compensation in this situation? On one hand I don't want to be fobbed off by BA (that's how I feel at the moment) but I also don't want to escalate this to CEDR (British Airways ADR) without having confidence that my claim is legitimate - mostly because they charge £25 for an unsuccessful claim.
    Originally posted by guitarprinter
    Hi guitarprinter,

    My understanding of this issue is the same as yours.

    CEDR is the best way forwards, with a small risk of possibly losing £25. Sometimes you have to speculate to accumulate!

    Your choice tho.

    Good luck.
    Please read Vaubans superb guide.
    • guitarprinter
    • By guitarprinter 12th Sep 17, 5:06 PM
    • 4 Posts
    • 0 Thanks
    guitarprinter
    Thanks both,

    I've had a look at 'Vauban's Guide' and I just need something clarified...

    The guide says that if I've had no luck with the initial compensation claim via the airline, I should write an NBA and then possibly look into a 'No Win No Fee' company to deal with court action.

    Although I've read elsewhere that if an airline is signed up to an ADR, you must go through them.

    So as BA have rejected my initial compensation claim, must I go through their ADR (CEDR) first and then look at writing an NBA/court action if it fails there?

    Or should I go straight down the NBA/court action route?
    • JPears
    • By JPears 12th Sep 17, 5:14 PM
    • 3,080 Posts
    • 867 Thanks
    JPears
    You can take either route. Was it BA staff that were on strike? Have you checked with Botts online flight checker to see if you have a valid claim?
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • guitarprinter
    • By guitarprinter 12th Sep 17, 5:35 PM
    • 4 Posts
    • 0 Thanks
    guitarprinter
    Was it BA staff that were on strike?
    Thanks for the reply JPears. It is my understanding that it was Unite staff who called the strike, although they were working for British Airways as part of a "mixed cabin crew". In my mind this means that these aren't exceptional circumstances and were within BA control, although this is only my feeling, I understand that the legalities of it may differ.

    Have you checked with Botts online flight checker to see if you have a valid claim?
    I've just checked on Botts online and it does say that I have a valid claim for 600 Euro per passenger - although I wasn't sure how reliable this was?

    I've had some great advice here but I'm not sure what route to take, whether to just continue with Botts (would I have to write an NBA to BA first?) online or write an NBA letter and then go via CEDR.

    I would want to email my NBA letter (rather than via post) (Vauban's Guide mentions I can do this via email), but I can't find contact details for who I would send it to. If I reply to my current active BA claim and ask them to send me contact email addresses to send an NBA to, must they give me them?
    Last edited by guitarprinter; 12-09-2017 at 5:39 PM.
    • JPears
    • By JPears 12th Sep 17, 5:50 PM
    • 3,080 Posts
    • 867 Thanks
    JPears
    I would suggest send an NBA by letter or email restating your claim in simple terms and that air crew strike is not an EC. Also request a deadlock letter if they decline your claim then goto ADR. If you have problems with ADR you can still go down the legal root.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • legal magpie
    • By legal magpie 13th Sep 17, 11:52 AM
    • 731 Posts
    • 346 Thanks
    legal magpie
    You don't HAVE TO use ADR but it's cheaper and usually quicker. Also if you win you get 100% of your damages. And if you win at ADR and the airline refuses or (more likely) fails to pay, you can exhibit the ADR ruling in court
    • JPears
    • By JPears 13th Sep 17, 1:21 PM
    • 3,080 Posts
    • 867 Thanks
    JPears
    And the ADR porcess,if you are sucessful,costs the airline another £125 or so, I understand.
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
    • guitarprinter
    • By guitarprinter 16th Sep 17, 3:59 PM
    • 4 Posts
    • 0 Thanks
    guitarprinter
    Thanks JPears - I have two questions:

    1. Does anyone know what BA email address I can send the NBA to?

    2. Is the Deadlock letter something BA can send me via email?

    I already have a communication channel open with BA via my original dispute, so I will ask these questions but I have a feeling that they won't give me a straight answer to either...
    • JPears
    • By JPears 18th Sep 17, 11:42 PM
    • 3,080 Posts
    • 867 Thanks
    JPears
    bumped to tidy board
    If you're new. read The FAQ and Vauban's Guide

    The alleged Ringleader.........
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