Flight delay and cancellation compensation, BA ONLY

111KAB

nabobbles ... I agree ....NBA = notice (letter) before action .... read Vauban's Guide

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

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

guitarprinter wrote: »

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.

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.

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

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?

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?

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.

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

And the ADR porcess,if you are sucessful,costs the airline another £125 or so, I understand.