Successful compensation claim against BA - full claim

MartinJS

Dear all,

I've posted here a complete claim I made against BA, including all the correspondence between us. I've done this primarily because I hope it's useful for other people, but I also want to name and shame BA and show how dishonest they are!

Sunday 10/8/14 to BA

Dear Sir/Madam,

I'm contacting you to claim compensation for a cancelled flight. The flight was BA2694 from Gatwick (London) to Faro on 26 Jul 2014. The booking reference was XXXXXX. The passengers I'm claiming for are:

XXXXXXX
XXXXXXX
XXXXXXX
XXXXXXX

All of the above can be contacted through me by email on XXXX or telephone XXXXX
We have evidence to show no other flights from any other airline flying from the UK to Faro were cancelled on the morning of the date of this flight, so we don't believe there were exceptional circumstances. The flight was cancelled 9 hours before it was due to fly, and our alternative flight was 32 hrs later from another airport. My understanding is we can claim EUR400 per passenger as this flight was within the EU and is greater than 1600Km distance (1689Km).
Please let me know if the above is correct and when we could expect our compensation.

Kind Regards
Martin Saunders

BA reply Saturday 16/8/14

Dear Mr Saunders
Thank you for contacting us about your claim for compensation.
Your claim for compensation has been refused because flight BA2694 on 26 July 2014 was cancelled due to adverse weather conditions which prevented the aircraft operating as scheduled.!!Under EU legislation, British Airways is not liable for a compensation payment in this situation.
Unfortunately airline operations are subject to circumstances outside the airline's control.!!British Airways takes all reasonable measures to avoid cancelling a flight in such circumstances.!!Consideration is given to whether there are any operational options available before a decision to cancel is made.!!We are sorry that the cancellation was necessary in this case.
Thank you for following this up with us.!!I do hope we have the chance to welcome you on board again soon.
Best regards
Sonal Walunj
EU Compensation Claims

Your case reference is:XXXXXXX

Saturday 16/8/14 to BA

Dear Sonal,

Thank you for your reply regarding our compensation claim. I challenge BA's explanation that there was adverse weather. I have evidence to show that around the time of our flight to Faro, our flight was the only one to be cancelled by any airline flying from the UK. I am happy to provide this evidence if required.!
Please explain what the next steps should be as I reject your explanation and I now wish to escalate this request.

Kind Regards

Martin Saunders

BA reply Wednesday 20/18/2014

Dear Mr Saunders
Thank you for coming back to Sonal.! I am sorry that you are unhappy with our previous response.! I am concerned that you feel that we did not take your complaint seriously enough and you wish to escalate your complaint further.! I am pleased to reply to you in this matter.
I appreciate your concerns that other airlines flew that day.!!We cannot comment on how other airlines chose to operate their flights, but our decision was based on the safety and security of our passengers.! So, under EU legislation, British Airways is not liable for a compensation payment in this situation.
Thank you once again for contacting us and giving me an opportunity to respond to your concern.!
Best regards
!
Viral Doshi
EU Compensation Claims
Your case reference is:XXXXXXXXX

Thursday 21/8/2014 to BA

Dear Viral,
I continue to feel that BA are not taking my complaint and request for compensation seriously. I'm particularly disappointed that it's clear BA are not following the guidelines provided by the EU and CAA in rejecting requests for compensation. According to this document on the CAA website (link removed as moneysavingexpert forum won't let me post it)

Note 1: The air carrier must provide proof of the circumstances alleged and why these
circumstances should be considered to be extraordinary. It must also clearly demonstrate
how these circumstances resulted in the flight disruption.
Note 2: After demonstrating the existence of extraordinary circumstances, the air carrier
must also explain what reasonable measures it took to mitigate the disruption
Note 3: The incident needs to be evaluated in the context of the category to which it relates.
In line with the above, please provide the evidence that BA are obliged to. Please also tell me how I can escalate this complaint so it can be addressed more timely. If I don't receive an adequate response my next steps will be to take my complaint to the CAA and to fully document my complaint through social media.
Regards
Martin Saunders

Call left with BA customer services (didn't take ladies name) - She said the claim was with the flight investigation team - 3pm 29/8/14

Wednesday 10th September from BA

Dear Mr Saunders
Thank you for writing back to us.! Firstly, I apologise for the delay in replying to you.
I have reviewed your claim for compensation and as previously advised, your flight was cancelled due to adverse weather conditions.
I can assure you that we make every reasonable effort to avoid delays, but in these circumstances it cannot be avoided and under EU legislation, British Airways is not liable for a compensation payment when the cancellation is due to weather.
Due to weather conditions Air Traffic Control had to restrict aircraft operations for safety reasons.!!Although some flights were able to operate as normal, your flight was one of those we had to cancel.
Article 5.3 of the EU Regulation 261/2004 states that a carrier is not obliged to pay compensation if it can prove that the delay or cancellation is caused by extraordinary circumstances that could not have been avoided even if all reasonable measures had been taken.!!In Recital 14 and 15 of EU Regulation 261/2004, extraordinary circumstances include weather, strike and the impact of an air traffic management decision which gives rise to a long delay or cancellation.!!I regret, therefore you are not entitled to compensation under the EU Regulation for your cancelled flight.
I realise that this will be disappointing for you but I hope this information will enable you to understand our decision.
Best regards
Ashwini Vichare
EU Compensation Claims
Your case reference is:XXXXXXXX

Tuesday 16th September 2014 to BA

Dear BA,

I'm afraid I'm not accepting your decision, as you are not following the law. According to the CAA:

"The air carrier must provide proof of the circumstances alleged and why these circumstances should be considered to be extra ordinary. It must also clearly demonstrate how these circumstances resulted in the flight disruption."

BA have not provided any proof, nor explained why the circumstances resulted in flight disruption. Repeating the word 'weather' neither provides proof nor explains how it disrupted my flight.

"After demonstrating the existence of extraordinary circumstances, the air carrier must also explain what reasonable measures it took to mitigate the disruption."

BA have also not explained any reasonable measures it took to mitigate the disruption

"The incident needs to be evaluated in the context of the category to which it relates."

BA have not specified the category to which this relates. All BA have done is repeat the word 'weather'. There are three categories which relate to 'Meteorological
conditions', pick one.

I have to say I'm disgusted at how BA continue to ignore their obligations under Recital 14 of Regulation (EC) 261/2004. I'm in strong belief that BA are using weather as an excuse to avoid paying the compensation. Please provide the evidence you are required to under law.

Complaint issued to the CAA on Thursday 18th September 2014 with the following comment:

Complaint details

BA have repeatedly refused to provide me compensation for a cancelled flight, yet they have also not provided any evidence to prove that weather was the cause of the cancellation. Given no other flights were cancelled from the UK traveling to Faro on the morning of my flight (see my attached document for evidence) I believe I have a strong case to escalate this claim to the CAA.

Action requested

Please could you approach BA and ask them for evidence of extraordinary circumstances. If this doesn't exist, please instruct them to pay my compensation.

From CAA Complaints on Monday 22nd September 2014
!
Dear Mr Saunders
!
Case!4746399
Thank you for your recent complaint.
!
We are currently contacting BA about your case and we will be in contact with you when we have received a response from them.
!
More information about the CAA complaints handling process and the related time scales can be found!here.
Yours sincerely,

Paul Oliver
passengercomplaints@caa.co.uk

From BA customer services on Friday 26th September 2014

Dear Mr Saunders
Thank you for contacting us about your claim for compensation.! I am sorry for the delay in responding to you.
You are entitled to compensation for cancellation of your flight BA2694 on 26 July 2014.!!The distance of your disrupted journey, as calculated in accordance with EU legislation, was between 1500km and 3500km.!!Based on this, you are entitled to 400.00 EUR!in compensation.!!
As there are five passengers included in the claim, the total compensation due is 2,000.00 EUR.
The fastest and most secure way to settle your claim is by bank transfer to a UK account.!!I will be happy to arrange this for you.!!Please provide the following information so I can set up your bank transfer:
• Bank name
• Branch name
• Sort code (6 digits)
• Account number (8 digits)
If you would like to fax us your details our fax number is 01787 883 195 or you can send your details by email.!!Please feel free to send more than one email or fax if you are concerned about providing all your information at once, and include your case reference number on all correspondence.
Thank you again for following this up with us and I hope to hear from you soon.!!
Best regards
Rahul Mishra
EU Compensation Claims

Your case reference is:XXXXXXX

To BA customer services on Friday 26th September 2014

Dear BA, thank you for your email. My bank details are:

XXXXXX
XXXXXX
XXXXXX

Kind Regards

Martin Saunders

To BA Customer services on Saturday 4th October 2014

Hi,

I've not heard back from BA, so I'm submitting the information you've asked for again:

Dear BA, thank you for your email. My bank details are:

XXXXXX
XXXXXX
XXXXXX

Kind Regards

Martin Saunders


Call to BA 0344 493 0747 14 October 2014 10.48 - 51mins 30

Louise Mallan took the call, agreed the claim was £1567.64p - She can't do this herself as the amount is too large. She'll call me on my mobile at the latest tomorrow (15/10) but maybe today. She'll also send an email confirming the amounts. She's the first BA person who has really cared.

Call from Louise Mallan at BA - 15th October 2014

Call back as promised! Payment has been made!!!

Online banking - 21st October 2014

21 Oct 2014 BRITISH AIRWAYS BGC 1567.64

Roger_Sleeker

Well done on beating the system!

scholt

Well worth your perseverance!

ChunkyDumpling

I found this useful post too late!

I had a similar correspondence with BA for a delayed flight and got a similar runaround (over a period of a year, I guess!)

The main difference is that instead of contacting the CAA, I enlisted the services of Bott & Co, who got the compensation within a couple of weeks minus their 27% + £25 commission.

Looking at the commission now, it looks hefty compared to emailing the CAA! However, at the time I'd got so tired of it with so many things to do with babies, houses, job, etc and didn't want to risk having to go to court to prove it.

BA shot themselves in the foot. In my case, if they'd offered me a third of what they paid out to Bott & Co, I'd have accepted it because, generally, I think the EU level of compensation is excessive. But as the conversation went on with them not even offering to pay the extra night's hotel bill or budging even after I told them I'd heard of people on the same flight getting compensation, it got annoying and I thought the payment was deserved.